New Mexico Administrative Code

A. The commissioner may cancel any agricultural lease: (1) obtained by fraud; (2) executed through mistake or without authority of law; (3) that is in default for violation of any of the lease terms, covenants or conditions, which include these rules and applicable statutes, incl…

A. Land held under an agricultural lease may be reclassified from grazing land to cultivated land or from cultivated land to grazing land and the lease amended to permit such use after conversion upon application to the commissioner and receipt of the commissioner's written conse…

Current and future lessees of state trust lands.

A. Agricultural lessees who have leased state trust lands for grazing purposes for at least five years may apply for a twenty-five percent reduction in agricultural lease rentals by demonstrating through the range stewardship incentive program that they have been good stewards of…

A. If lessee is involved in litigation with any other persons or entities for damages connected with their leased trust land, lessee must notify the commissioner as soon as practicable. This notice requirement does not apply to any litigation involving only the lessee's personal …

Section 19-1-23 NMSA 1978.

Permanent.

June 29, 1996, unless a later date is cited at the end of a section.

To clarify the definition of an agricultural lease, add specific guidelines for conducting appraisals of improvements located on state trust lands, update and clarify the procedures for documenting a lessee's improvements, delete the provision allowing applications to lease a par…

The following terms as used in this rule shall have the meaning indicated unless otherwise clearly stated in the text: A. Agricultural lease - The commissioner's conveyance, in writing, of the right to use and possess the surface of specified state land for the production of crop…

A. The commissioner may lease state trust land for agricultural purposes in such manner and upon such terms as the commissioner determines to be in the best interests of the trust for which the lands are held by the state. B. Each agricultural lessee shall protect the leased stat…

A. Requirements for all applications. Applications for agricultural leases may be filed for state trust lands shown on the state land office departmental tract books as either open acreage or land under lease at the time an application is submitted. The commissioner shall reject …

Commissioner of Public Lands - New Mexico State Land Office - 310 Old Santa Fe Trail - P. O. Box 1148 - Santa Fe, New Mexico 87501.

After review of an application and before entering into a business lease, the commissioner may require additional information and documentation from an applicant, including, but not limited to, an appraisal of the trust land proposed for lease, a survey of the land, a detailed de…

The commissioner may, under the following procedures, offer a bid lease to the highest and best bidder at a public auction held at the county seat of the county where the offered trust land, or the major portion of the offered land, is located. A. Appraisal. After a preliminary d…

A. Prerequisites. Before taking possession of the leased trust land, the lessee must provide the commissioner with a legal description and a survey plat showing the exact location of the land. (1) A legal description must be given in aliquot parts of at least forty (40) acres, or…

A. Bid lease. The term of a bid lease may not be extended except as provided in the notice of lease sale and the original bid lease. B. Non-bid lease. The term of a non-bid lease may not be extended. If, prior to the expiration of a non-bid lease, the lessee wants a new non-bid l…

A. Any assignment or sublease for use of trust lands is void without the approval of the commissioner. The commissioner's approval may be conditioned upon such terms or requirements as are deemed to be in the best interests of the trust. The commissioner may, in a lease, pre-appr…

A. Unless otherwise provided in a business lease, and subject to the prior approval of the commissioner, a lessee's interest in a business lease or improvements may be collaterally assigned or mortgaged by the lessee. An approved collateral assignee or mortgagee shall have a lien…

No improvements shall be placed, developed, created or constructed on trust land, or obtained or developed for the benefit of trust land, or made appurtenant to trust land without the prior approval of the commissioner. Such approval may be conditioned upon certain requirements i…

A. Upon the termination of a business lease, all removable or unauthorized improvements shall be removed from the trust land unless otherwise provided in the lease or in writing by the commissioner. (1) No improvement may be removed without the commissioner's approval if a lessee…

A. Personal property. Unless otherwise provided in a business lease or in this rule, improvements shall be the property of the lessee. The interest of a lessee in a business lease and in the improvements is a personal property interest. Unless otherwise provided in a business lea…

A. A lessee may, with the approval of the commissioner, relinquish to the commissioner the lessee's interest in a business lease. The commissioner may, in a business lease, establish conditions pursuant to which the lessee may, at prescribed times, relinquish all or portions of t…

Pursuant to Article XIII, Section 2, of the New Mexico State Constitution, the commissioner has jurisdiction over all lands and related resources that the United States granted and confirmed to New Mexico under the New Mexico Enabling Act. This rule, 19.2.9 NMAC, governs the gran…

Unless otherwise provided in a business lease, a lessee shall be in default under a business lease if a breach of the lease is not cured within thirty days after the commissioner gives written notice of the breach to the lessee. A breach of the lease may include, without limitati…

Except as provided in this section, the commissioner may not lease under a business lease any trust land currently leased under an existing surface lease unless the existing lessee relinquishes the existing lessee's interest in the trust land or the commissioner exercises any rig…

N. M. Const. Art. XIII; Section 19-1-1 et seq. NMSA 1978; Section 19-7-1 et seq. NMSA 1978.

Permanent.

May 15, 2001, unless a later date is cited at the end of a section.

The objectives of 19.2.9 NMAC are to obtain revenues from business leasing; to assure protection and maintenance of trust lands; to provide standard lease terms and conditions; and to provide an efficient process for business leasing.

As used in 19.2.9 NMAC, the following terms have the meaning set forth in this section. A business lease may add detail to a definition to accommodate lease specific issues. A. "Approval" means written approval and includes only that which has been expressly approved and nothing …

A. The surface estate of any trust land may be leased under a business lease at the discretion of the commissioner. A business lease may include more than one use, and may encompass more than one parcel of trust land. For lands already under any surface lease, the applicant shall…

Any person may propose that the commissioner enter into a business lease by submitting an application on forms prescribed by the commissioner. A. The application shall, at minimum, be made under oath and shall identify the applicant, the trust land proposed for leasing and the pr…

(Reserved.)

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(Reserved.)