New Mexico Statutes
Article 2 - State Correctional Facilities
Section 33-2-5 - Disposition of unneeded property.

A. If the penitentiary of New Mexico, as a body corporate, possesses any real, personal or mixed property of any kind that, in the judgment of the secretary of corrections is no longer required for the use of the penitentiary, then the penitentiary of New Mexico has the right to sell, trade, mortgage or otherwise alienate any real, personal or mixed property for such price and upon such terms as seems just and proper to the secretary of corrections, and the proceeds to be derived from any such transaction shall become the property of the penitentiary of New Mexico; provided, however, that in all cases of the sale, trade, mortgage or other alienation of real property belonging to the penitentiary of New Mexico, the same shall not take effect until approved by the department of finance and administration.
B. K-9 dogs are exempt from the provisions of Subsection A of this section. If the secretary of corrections finds that the K-9 dog presents no threat to public safety, the K-9 dog shall be released from public ownership as provided in this subsection. The K-9 dog shall first be offered to its trainer or handler free of charge. If the trainer or handler does not want to take ownership of the K-9 dog, then the K-9 dog shall be offered to an organization described in Section 501(c)(3) of the Internal Revenue Code of 1986 free of charge. If both of the above fail, the K-9 dog shall only be sold to a qualified individual found capable of providing a good home to the animal.
History: Laws 1939, ch. 55, § 5; 1941 Comp., § 45-105; Laws 1951, ch. 61, § 2; 1953 Comp., § 42-1-5; Laws 1977, ch. 257, § 63; 2013, ch. 9, § 2.
Cross references. — For Section 501(c)(3) of the Internal Revenue Code of 1986, see 26 U.S.C.S. § 501(c)(3).
The 2013 amendment, effective June 14, 2013, provided for the disposition of state-owned K-9 dogs and added Subsection B.
When state has fee simple title, use of property irrelevant. — When state has fee simple title, the fact that the property is no longer used for the purposes to which it was put for almost 60 years (penitentiary purposes) makes no difference, and the provisions of this section become operative and authorize the disposition of the same as unneeded property. State v. Thomson, 1969-NMSC-006, 79 N.M. 748, 449 P.2d 656.
Department of finance and administration approves disposition of moneys received. — Moneys received from the sale of penitentiary lands and deposited with the state treasurer may not be spent without prior approval of the state board of finance (now department of finance and administration). 1955 Op. Att'y Gen. No. 55-6141.
Expenses of prior sales reimbursable to building fund from subsequent sales. — Expenses incurred for abstracts, legal fees and quiet title suits on lands previously sold by the penitentiary and paid from the severance tax building and improvement fund of 1953 are reimbursable to the building fund from the proceeds from the sale of other property. 1955 Op. Att'y Gen. No. 55-6141.

Structure New Mexico Statutes