2021 New Mexico Statutes
Article 4 - Chilili Grant
Section 49-4-5 - Board of trustees; management of grant; powers.

The board of trustees shall have the power to:
A. control, care for and manage the land grant-merced and real estate owned by the land grant-merced; prescribe the terms and conditions under which the common lands may be used and enjoyed; and make all necessary and proper bylaws, rules and regulations that shall be in substantial compliance with applicable statutes for the government thereof;
B. sue and be sued and have the standing to sue in law or equity to protect and expand the common lands of the land grant-merced;
C. convey, lease or mortgage the common lands of the land grant-merced in accordance with the land grant-merced bylaws;
D. determine the number of animals that may be permitted to graze upon the common lands and determine other uses of the common lands that may be authorized;
E. prescribe the price to be paid for the use of the common lands and resources of the land grant-merced and prohibit a person failing or refusing to pay that amount from using a portion of the common lands while the person continues in default in those payments; provided that the amount fixed shall be in proportion to the number and kinds of livestock pasturing upon the common lands or to other authorized use of the common lands;
F. adopt and use an official seal;
G. appoint judges and clerks of election at all elections provided for in Chapter 49, Article 4 NMSA 1978 and canvass the votes cast in those elections;
H. make bylaws, rules and regulations, not in conflict with the constitution and laws of the United States or the state of New Mexico, as may be necessary for the protection, improvement and management of the common lands and real estate and for the use and enjoyment of the common lands and of the common waters of the land grant-merced;
I. determine land use, local infrastructure and economic development of the common lands of the land grant-merced; and
J. determine zoning of the common lands of the land grant-merced pursuant to a comprehensive plan approved by the local government division of the department of finance and administration that considers the health, safety and general welfare of the residents of the land grant-merced. The department of finance and administration shall select a qualified arbitrator to arbitrate for zoning conflicts between the land grant-merced and neighboring municipalities and counties.
History: Laws 2007, ch. 145, § 4.
Effective dates. — Laws 2007, ch. 145, § 22 made Laws 2007, ch. 145, § 4 effective July 1, 2007.
Power to sue and be sued. — The Chilili land grant board of trustees has the power to sue and be sued, which is necessarily implied from the express legislative grant of authority to pass ordinances and to sell and convey real property. Shearton Dev. Co. v. Town of Chilili Land Grant, 2003-NMCA-120, 134 N.M. 611, 78 P.3d 525, cert. denied, 2003-NMCERT-001, 134 N.M. 611, 81 P.3d 554 (decided under prior law).
Authority to sell and convey common lands. — Board of trustees of Chilili land grant was creature of legislature, and had only such powers as were conferred upon it, and no authority to sell the common land. Merrifield v. Buckner, 1937-NMSC-045, 41 N.M. 442, 70 P.2d 896 (decided under prior law).
Deed, executed by board of trustees of Chilili land grant, purporting to convey common land, was void for want of authority in the board to sell the common land, and grantees and their successors, in absence of adverse possession, were without title. Merrifield v. Buckner, 1937-NMSC-045, 41 N.M. 442, 70 P.2d 896 (decided under prior law).
Plaintiff's claim that several authorizations and requests purportedly signed by a number of residents of the town, authorizing the board of trustees to convey all grant lands to the defendant association, were fraudulent and granted no authority to the board of trustees is of no significance, since the 1943 amendment to this section empowered the board of trustees to sell and convey common lands of the grant without the approval of the residents of the town and the deed from the board was dated subsequent to the effective date of the 1943 amendment. Moya v. Chilili Coop. Ass'n, 1974-NMSC-100, 87 N.M. 99, 529 P.2d 1220, cert. denied, 421 U.S. 965, 95 S. Ct. 1954, 44 L. Ed. 2d 452 (1975) (decided under prior law).
No failure or inadequacy of consideration or construction fraud. — Where prior to the conveyance of the grant lands to a cooperative association for $1.00 the whole of the grant lands had been deeded to the state for delinquent taxes, and the farmers home loan administration, as a condition precedent to making a loan with which to redeem the lands, required the formation of the association and the conveyance to it of the grant lands, so that the lands were deeded to the association, the loan was obtained by the association, the delinquent taxes were paid and the lands redeemed by the association, there was no failure or inadequacy of consideration or constructive fraud on the part of the board. Moya v. Chilili Coop. Ass'n, 1974-NMSC-100, 87 N.M. 99, 529 P.2d 1220, cert. denied, 421 U.S. 965, 95 S. Ct. 1954, 44 L. Ed. 2d 452 (1975) (decided under prior law).
No reason for board's existence after conveyance. — The governing authority of boards of trustees of land grants is in the nature of that exercised by quasi-municipal corporations whose principal, if not only, function is to hold title to and manage common lands. Since the board had authority to sell and convey any or all of the grant's common lands, when these lands were conveyed to the association, the right of the "heirs" of the grant to elect a board of trustees was not directly destroyed, but there was no reason for the board's continued existence. The loss of the reason for the existence of the board resulted from the exercise by the board of its legitimate authority and power. Moya v. Chilili Coop. Ass'n, 1974-NMSC-100, 87 N.M. 99, 529 P.2d 1220, cert. denied, 421 U.S. 965, 95 S. Ct. 1954, 44 L. Ed. 2d 452 (1975) (decided under prior law).