New Mexico Statutes
Article 1 - General Provisions
Section 49-1-15 - Removal from land grant-merced; delinquency; forfeiture.

A. If a person holds in possession or claims in private ownership, within the exterior boundaries of a land grant-merced, any tract, piece or parcel of land to which, in the opinion of the board of trustees, the person has no right or title, the board may institute an action of ejectment in district court against the person. If upon the trial it is determined that such possession is without right, judgment shall be rendered in favor of the board for possession of the tract, piece or parcel of land and for such damages as it may have proved for the wrongful detention.
B. Any delinquent heir shall lose all right that the heir may have had to use the common lands of the land grant-merced unless the heir pays in full all legal assessments or dues due by the heir.
History: Laws 1907, ch. 42, § 15; Code 1915, § 813; C.S. 1929, § 29-115; Laws 1933, ch. 164, § 5[5a]; 1941 Comp., § 9-115; 1953 Comp., § 8-1-15; 2004, ch. 124, § 16; 2005, ch. 75, § 2.
Compiler's notes. — Laws 1933, ch. 164 contained two sections designated as "Sec. 5." This section was derived from the second, so the bracketed "5a" was inserted in the history by the 1941 compiler to distinguish the two sections.
The 2005 amendment, effective July 1, 2005, provided that actions of ejectment must be filed in district court and if the court determines that the possession is without right, the judgment shall be rendered for the board; and provided that a delinquent heir shall lose all right to use common land unless the heir pays all legal assessment or dues due by the heir.
The 2004 amendment, effective July 1, 2004, made minor revisions throughout this section, added "land grant-merced" for "grant", deleted after "Any delinquent" "person who moves outside the exterior boundaries of such grant and resides outside such exterior boundaries for a period of five years" and replaced it with "heir".

Structure New Mexico Statutes

New Mexico Statutes

Chapter 49 - Land Grants

Article 1 - General Provisions

Section 49-1-1 - Management of Spanish and Mexican grants.

Section 49-1-1.1 - Definitions.

Section 49-1-2 - Application.

Section 49-1-3 - Board of trustees; management of grant; powers.

Section 49-1-4 - Board of trustees; qualifications.

Section 49-1-5 - Election of members of board of trustees; voters' qualifications; registration; provisional ballots.

Section 49-1-5.1 - Provisional ballots; requirements for use; procedures.

Section 49-1-6 - Repealed.

Section 49-1-7 - Election; votes required; canvassing votes.

Section 49-1-8 - Organization of board; bonds; vacancies.

Section 49-1-9 - Meetings.

Section 49-1-10 - Quorum.

Section 49-1-11 - Sale or mortgage of common lands; restrictions.

Section 49-1-11.1 - Rights of lessees and purchasers; rights to use of common lands.

Section 49-1-11.2 - Adverse possession.

Section 49-1-12 - Meetings to be public; annual report.

Section 49-1-13 - Vacancies.

Section 49-1-14 - Salaries of trustees; records; expenditures.

Section 49-1-15 - Removal from land grant-merced; delinquency; forfeiture.

Section 49-1-16 - Trespass on common lands or waters; injunctions.

Section 49-1-17 - Process; how served on board.

Section 49-1-18 - Construction.

Section 49-1-19 - Failure of trustee to perform duties; penalty.

Section 49-1-20 - [Sevilleta de La Joya grant; provisions applicable.]

Section 49-1-21 - [Anton Chico grant; rights of lessees and purchasers.]

Section 49-1-22 - Recompiled.

Section 49-1-23 - Community land grant registry established; reporting requirements.