The commissioner is authorized to cancel any lease issued under the provisions of this act [19-8-14 to 19-8-18, 19-8-21 to 19-8-33 NMSA 1978] for nonpayment of rentals, for nonpayment of royalties or for violation of any of the terms, covenants or conditions thereof, but before any such cancellation shall be made, the commissioner must mail to the lessee or assignee, by registered or certified mail, addressed to the post-office address of the lessee or assignee as shown by the records of the office of the commissioner, a notice of intention to cancel the lease, specifying the default for which the lease is subject to cancellation. No proof of receipt of notice shall be necessary, and thirty days after the mailing the commissioner may enter cancellation unless the lessee shall have sooner remedied the default.
History: 1953 Comp., § 7-9-28, enacted by Laws 1955, ch. 53, § 12; 1971, ch. 97, § 1.
Cross references. — For forfeiture of lease for failure to pay rent, see 19-7-34 NMSA 1978.
For grounds of forfeiture of agricultural or grazing lease, see 19-7-35 NMSA 1978.
For forfeiture procedure on violation of lease or other written instrument, see 19-7-50 NMSA 1978.
For forfeiture for defrauding state of royalties, see 19-8-1 NMSA 1978.
For forfeiture on failure to develop and operate mineral lands in a workmanlike manner, see 19-8-13 NMSA 1978.
For forfeiture of coal lease for failure to comply with terms thereof, see 19-9-13 NMSA 1978.
For cancellation of oil and gas lease, see 19-10-20 NMSA 1978.
For forfeiture of lease under Geothermal Resources Act, see 19-13-23 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. — Mistake, accident, inadvertence, etc., as ground for relief from termination or forfeiture of oil or gas lease for failure to complete well, start drilling or pay rent on time, 5 A.L.R.2d 993.
Relief against forfeiture of lease for nonpayment of rent, 31 A.L.R.2d 321.
Payment of stipulated minimum royalties or annual rental under solid mineral lease as precluding lessor's claim of forfeiture or abandonment, 87 A.L.R.2d 1076.
Structure 2021 New Mexico Statutes
Article 8 - Lease of Mineral Lands
Section 19-8-1 - [Concealment of returns; defrauding state of royalty; penalty.]
Section 19-8-2 - [Inspection of lessee's books by commissioner.]
Section 19-8-4 - Leases for certain minerals; rentals; royalty.
Section 19-8-5 - [Term of lease.]
Section 19-8-6 - [Salt lease statutes excepted.]
Section 19-8-7 - [Rules and regulations authorized.]
Section 19-8-10 - [Saline leases; royalties; record of sales; conditions.]
Section 19-8-11 - [Term of saline lease; extension.]
Section 19-8-13 - [Mineral lands; development.]
Section 19-8-14 - Issuance of mineral leases authorized; minerals not included.
Section 19-8-15 - Minerals, lessees, legal subdivision defined.
Section 19-8-16 - Validation of existing leases and permits; renewals of permits prohibited.
Section 19-8-17 - Relinquishment of permits for conversion.
Section 19-8-18 - Term of leases.
Section 19-8-19 - [Terms of leases; stipulation of conditions under statute; filing and recording.]
Section 19-8-20 - Leases; stipulation; rental.
Section 19-8-23 - Covenants to market and develop.
Section 19-8-25 - Inspection of records; reports.
Section 19-8-26 - Relinquishment of leases.
Section 19-8-27 - Violation of lease; notice; forfeiture for noncompliance with demand.
Section 19-8-28 - Assignment of leases; form; approval; effect; lands in production.
Section 19-8-29 - Improvements removable upon termination of lease.
Section 19-8-30 - Area of lease.
Section 19-8-31 - Posting of open acreage; simultaneous applications.