A. Sections 49-1-1 through 49-1-18 NMSA 1978 shall apply to all land grants-mercedes confirmed by the congress of the United States or by the court of private land claims or designated as land grants-mercedes in any report or list of land grants prepared by the surveyor general and confirmed by congress, but shall not apply to any land grant that is now managed or controlled in any manner, other than as provided in Sections 49-1-1 through 49-1-18 NMSA 1978, by virtue of any general or special act.
B. If a majority of the members of the board of trustees of a land grant-merced covered by specific legislation determines that the specific legislation is no longer beneficial to the land grant-merced, the board has the authority to petition the legislature to repeal the legislation and to be governed by its bylaws and as provided in Sections 49-1-1 through 49-1-18 NMSA 1978.
C. The town of Tome land grant-merced, situated in Valencia county, confirmed by congress in 1858 and patented by the United States to the town of Tome, shall be governed by the provisions of Sections 49-1-1 through 49-1-18 NMSA 1978.
D. The town of Atrisco land grant-merced, situated in Bernalillo county, confirmed by the court of private land claims in 1894 and patented by the United States to the town of Atrisco in 1905, shall be governed by the provisions of Sections 49-1-1 through 49-1-18 NMSA 1978; provided that the board of trustees shall not have regulatory jurisdiction over, and the provisions of Chapter 49, Article 1 NMSA 1978 shall not apply to or govern, any lands or interests in real property the title to which is held by any other person, including a public or private corporation, partnership or limited liability company.
E. The Tecolote land grant-merced, also known as the town of Tecolote, situated in San Miguel county, confirmed by congress in 1858 and patented by the United States to the town of Tecolote in 1902, shall be governed by the provisions of Sections 49-1-1 through 49-1-18 NMSA 1978.
F. Notwithstanding the provisions of Subsection A to the contrary, the San Antonio del Rio Colorado land grant-merced, situated in Taos county, which claim was recommended for confirmation by surveyor general James K. Proudfit in 1874 and again in 1886 by surveyor general George W. Julian, but not confirmed by congress, shall be governed by the provisions of Sections 49-1-1 through 49-1-18 NMSA 1978.
G. The Manzano land grant-merced, also known as la merced del Manzano land grant-merced, situated in Torrance county, confirmed by congress in 1860 and patented by the United States to the town of Manzano in 1907, shall be governed by the provisions of Chapter 49, Article 1 NMSA 1978.
History: Laws 1907, ch. 42, § 2; Code 1915, § 800; C.S. 1929, § 29-102; 1941 Comp., § 9-102; 1953 Comp., § 8-1-2.; 2004, ch. 124, § 4; 2007, ch. 36, § 1; 2011, ch. 68, § 1; 2013, ch. 8, § 1; 2013, ch. 83, § 1; 2019, ch. 241, § 1.
The 2019 amendment, effective June 14, 2019, provided that the Manzano land grant-merced shall be governed by the provisions of Chapter 49, Article 1 NMSA 1978; and added Subsection G.
2013 Multiple Amendments. — Laws 2013, ch. 83, § 1, effective June 14, 2013, applied the provisions of Chapter 49, Article 1 NMSA 1978 to the Tecolote Land Grant-Merced, and added Subsection E.
Laws 2013, ch. 8, § 1, effective June 14, 2013, granted political subdivision status to the San Antonio Del Rio Colorado Land Grant-Merced and added a new Subsection E, which was relettered in the reconciled amendment as Subsection F.
The 2011 amendment, effective June 17, 2011, applied Sections 49-1-1 through 49-1-18 NMSA 1978 to the Town of Atrisco land grant-merced, but excluded land or interests in real estate held by other persons from the application of those sections.
The 2007 amendment, effective June 15, 2007, added Subsection C to specifically include the town of Tome within the provisions of 49-1-1 to 49-1-18 NMSA 1978.
The 2004 amendment, effective July 1, 2004, redesignated the former section as Subsection A and added new Subsection B. Subsection A was amended to delete "replace the description of the land grants governed by Chapter 49, Article 1" with "land grants-mercedes".
Intent of section. — This general statute, enacted in 1907, for management of community land grants which provided for the sale of common property, was intended to apply to grants for which no legislative provision had been theretofore made for their management, and did not apply to the Chilili grant. Merrifield v. Buckner, 1937-NMSC-045, 41 N.M. 442, 70 P.2d 896.
Structure New Mexico Statutes
Article 1 - General Provisions
Section 49-1-1 - Management of Spanish and Mexican grants.
Section 49-1-1.1 - Definitions.
Section 49-1-3 - Board of trustees; management of grant; powers.
Section 49-1-4 - Board of trustees; qualifications.
Section 49-1-5.1 - Provisional ballots; requirements for use; procedures.
Section 49-1-7 - Election; votes required; canvassing votes.
Section 49-1-8 - Organization of board; bonds; vacancies.
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 49-1-14 - 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 49-1-23 - Community land grant registry established; reporting requirements.