The state game commission, except as herein limited, is authorized to exchange, sell, lease, sublease or assign any interest in any lands and leases heretofore or hereafter acquired including but not limited to the sale or lease of timber, oil, gas, minerals or any other severable product of or interest in real estate, when, in the judgment of said commission, such transaction will be in the interest of the state game commission and said lands, leases, products or severable parts thereof, are, in the opinion of such commission, no longer necessary for the purposes for which such lands were acquired or where such lease or sublease will not materially interfere with or conflict with the use of such lands for the purpose for which they were acquired. The proceeds of any such sale, exchange, lease or assignment shall be converted into the game protection fund and disbursed as the other moneys in said fund are disbursed.
History: Laws 1939, ch. 223, § 3; 1941 Comp., § 43-403; 1953 Comp., § 53-4-3; Laws 1955, ch. 86, § 1.
Whether to lease is left to commission's sole discretion. — Whether or not a lease should be executed is a question to be determined by the judgment and discretion of the game commission. 1957 Op. Att'y Gen. No. 57-149.
Commission may itself conduct sale of lands. — Under this section the state game commission is itself authorized to sell its lands, or interests therein, unfettered by the provisions of the general statute governing the sale of property by state agencies or local public bodies. 1958 Op. Att'y Gen. No. 58-76.
If the commission chooses to itself sell the lands, it could, if it wanted, advertise the proposed sale, or otherwise notify prospective purchasers. But such is a matter to be determined by the commission in its sound discretion. 1958 Op. Att'y Gen. No. 58-76.
Structure New Mexico Statutes
Chapter 17 - Game and Fish and Outdoor Recreation
Article 4 - Propagation of Fish and Game
Section 17-4-1 - [Power of state game commission to acquire land.]
Section 17-4-2 - Eminent domain power; abandonment or relinquishment of property acquired.
Section 17-4-3 - [Exchange, sale, lease, sublease and assignment of lands by commission; proceeds.]
Section 17-4-5 - [Fish hatcheries established by United States; exemption from state laws.]
Section 17-4-6 - Hunting and fishing on private property; posting; penalty.
Section 17-4-8 - [Parks or waters for propagation of game or fish; license required.]
Section 17-4-10 - [Transportation of game or fish taken from unlicensed parks or waters prohibited.]
Section 17-4-11 - [Licensing of private lakes and parks; "proprietor" defined.]
Section 17-4-12 - [Application for license; contents; maximum area; fencing.]
Section 17-4-13 - [Form of license.]
Section 17-4-14 - [Reduction in flow of water detrimental to fish in stream prohibited.]
Section 17-4-16 - [Invoice to be delivered to purchaser; form; duplicate mailed to director.]
Section 17-4-17 - [Invoice to be attached during shipment.]
Section 17-4-19 - [Copy of invoice to be furnished purchaser upon resale.]
Section 17-4-21 - [Proprietors of licensed private parks and lakes to furnish reports to director.]
Section 17-4-22 - [Channels connecting private lakes under one license; use of screens.]
Section 17-4-23 - [Lease or grant of private park or lake; lessee or grantee deemed proprietor.]
Section 17-4-24 - [Series of lakes may be included in one license.]
Section 17-4-25 - [Diverse proprietorship; joint or separate licenses.]
Section 17-4-26 - [Notices against trespassing to be posted.]
Section 17-4-27 - [Transfer of license required upon transfer of interest.]
Section 17-4-28 - Parks, lakes and preserves; license; fees.
Section 17-4-29 - Floating logs in fish stream; restocking; penalty.
Section 17-4-30 - [Federal aid.]
Section 17-4-31 - [Federal funds; disbursement.]
Section 17-4-32 - Destruction of boundary markers[; penalty].
Section 17-4-34 - Habitat management stamp; fund; expenditure for habitat management; exception.