If a person sets on fire any woods, marshes or prairies, whether the person's own or not, so as thereby to occasion damage to another person or that person's property, the person shall make satisfaction in double damages to the party injured to be recovered by civil action, unless the person is conducting a prescribed burn pursuant to the Prescribed Burning Act [68-5-1 to 68-5-8 NMSA 1978].
History: Laws 1882, ch. 61, § 7; C.L. 1884, § 2314; C.L. 1897, § 3222; Code 1915, § 1518; C.S. 1929, § 35-1412; 1941 Comp., § 41-1807; 1953 Comp., § 40-18-7; 2021, ch. 13, § 9.
The 2021 amendment, effective June 18, 2021, provided an exception for prescribed burns pursuant to the Prescribed Burning Act, and made technical amendments; added the section heading "Damages to person injured"; and after "another person", added "or that person's property", and after "civil action", added "unless the person is conducting a prescribed burn pursuant to the Prescribed Burning Act".
Law reviews. — For note, "Forest Fire Protection on Public and Private Lands in New Mexico," see 4 Nat. Resources J. 374 (1964).
Am. Jur. 2d, A.L.R. and C.J.S. references. — Liability for spread of fire intentionally set for legitimate purpose, 25 A.L.R.5th 391.
Structure 2021 New Mexico Statutes