New Mexico Statutes
Article 2 - State Parks Division
Section 16-2-13 - Title to park and recreational lands; acceptance.

Title to or right in property to be used for state park or state recreational purposes may be taken in the name of the "State of New Mexico" or in the name of the "Governor of the State of New Mexico and the people thereof". But no such property or rights therein shall be acquired by the state for state park or state recreational purposes until the property or rights therein have been duly accepted by written agreement of the secretary or by act of the state legislature and an appropriate name has been designated for such park or state recreational area.
History: Laws 1935, ch. 57, § 12; 1941 Comp., § 4-112; Laws 1941, ch. 100, § 2; 1953 Comp., § 4-9-12; Laws 1963, ch. 98, § 12; 1977, ch. 254, § 23; 1987, ch. 234, § 18.
The 1987 amendment, effective July 1, 1987, in the second sentence substituted "secretary" for "state park and recreation director" and made minor changes in language in the sentence.
State officials proper defendants in action on lease agreement. — In an action alleging that state officials, acting under this section and Sections 16-2-11 and 16-2-12 NMSA 1978 in authorizing the development of recreation areas under a lease agreement with the United States, violated federal law, the state officials, and not the state, were the proper defendants, since the state cannot "authorize" officials to violate federal law. Elephant Butte Irrigation Dist. v. Dep't of Interior, 160 F.3d 602 (10th Cir. 1998), cert. denied, 526 U.S. 1019, 119 S. Ct. 1255, 143 L. Ed. 2d 352 (1999).

Structure New Mexico Statutes