A. If at any time the owner of any mining claim heretofore or hereafter located, or his assigns, shall apprehend that the original notice of location is defective, erroneous or the requirement of law has not been complied with before filing, or shall be desirous of changing his surface boundaries or to take in any part of an overlapping claim which has been abandoned, such owner may file in the office where notices of location are by law required to be filed, an amended or additional notice of location, subject to the provisions of this article. Provided, that such additional or amended notice of location does not interfere with the existing right of others at the time of filing such notice; and no such amended or additional location, or record thereof, shall, by itself, preclude the claimant or his assigns from proving any such title as they may have held under the previous location.
B. The owner of an unpatented lode or placer claim existing on June 20, 1981 may file with the county clerk's office in the county in which the mining claim is located, a written notice of location containing the information required by Subsection C of Section 69-3-1 NMSA 1978 or a map conforming to the requirements of Paragraph (6) of Subsection C of Section 69-3-1 NMSA 1978. Such notice shall also recite the book and page of the recording of the original location notice and any additional or amended location notices, and such map shall state the name of the owner of the claims and the claim names for the claims referenced on the map.
History: Laws 1889, ch. 25, § 4; C.L. 1897, § 2301; Code 1915, § 3450; C.S. 1929, § 88-106; 1941 Comp., § 67-206; 1953 Comp., § 63-2-6; Laws 1981, ch. 310, § 5.
Cross references. — For recording unacknowledged, amended or additional location notices, see 14-8-5 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 53A Am. Jur. 2d Mines and Minerals § 45.
58 C.J.S. Mines and Minerals § 45.
Structure New Mexico Statutes
Article 3 - Mining Locations and Operations
Section 69-3-1 - Mining claim location and posting notice.
Section 69-3-7 - Discovery of natural gas or hydrocarbons.
Section 69-3-8 - [Exceptions.]
Section 69-3-10 - [Boundary posts.]
Section 69-3-12 - Amended and additional location notices.
Section 69-3-12.1 - Annual labor and annual filings.
Section 69-3-13 - [Alteration, removal or destruction of location marks or notice; penalty.]
Section 69-3-14 - [Defacing or changing location notice; penalty; correction of errors.]
Section 69-3-15 to 69-3-17 - Repealed.
Section 69-3-18 - [Abandonment of mining claims; methods; encumbered claims.]
Section 69-3-19 to 69-3-21 - Repealed.
Section 69-3-22 - [Size of placer mining claims.]
Section 69-3-23 - [Regulations by private landowners as to mining locations; recording; amending.]
Section 69-3-24 - [No trespassing notices.]
Section 69-3-25 - [Penalty for trespass; exceptions.]
Section 69-3-26 - [Trespass against person rightfully in possession.]
Section 69-3-27 - [Trespass by livestock; liability of owner.]
Section 69-3-28 - [Termination of lease; thirty days' notice.]
Section 69-3-29 - [Terminating lease without notice; liability in damages; forfeiture of lease.]
Section 69-3-30 - [Stockholders; right of entry and examination of mines.]
Section 69-3-31 - [Denial to stockholders of right of entry; penalty.]