When any person, firm or corporation shall be lawfully and peaceably in possession of any mining claim in this state and shall have complied with all the requirements of law and regulations in force in the district in which said mining claim is situated, such persons, firm or corporation shall be deemed to be the rightful possessor of such mining claim and of the land included therein; and any person or the officer, agent or employe [employee] of any corporation who shall by force, intimidation, fraud or stealth, or in the temporary absence of the rightful possessor, enter upon such mining claim with intent to hold the same, or any part thereof, against the rightful possessor shall be considered a trespasser, and the judge of the district court for the district in which such claim is situated shall, upon the proper showing of such facts made by affidavit or by oral testimony upon a hearing ordered for that purpose, and upon the filing with the clerk of said district court of a good and sufficient bond, grant an order to show cause why a writ of injunction should not issue, enjoining and restraining such trespasser, his servants, agents and employes [employees] and any person associated with him, from in any manner interfering with the rightful possessor in the possession of such claim until the final disposition of such cause.
History: Laws 1897, ch. 58, § 5; C.L. 1897, § 2313; Code 1915, § 3475; C.S. 1929, § 88-213; 1941 Comp., § 67-220; 1953 Comp., § 63-2-20.
Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Cross references. — For ejectment, see 42-4-21 to 42-4-30 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 53A Am. Jur. 2d Mines and Minerals §§ 379, 380, 381.
Forcible entry and detainer or unlawful detainer as applicable in case of "lease" of minerals or oil or gas, 107 A.L.R. 661.
58 C.J.S. Mines and Minerals §§ 32, 33.
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.]