2018 New Mexico Statutes
Chapter 17 - Game and Fish and Outdoor Recreation
Article 4 - Propagation of Fish and Game
Section 17-4-1 - Power of state game commission to acquire land.]

The state game commission of the state of New Mexico is hereby authorized and empowered to acquire by purchase, gift, bequest or lease; and to hold, develop and improve lands for fish hatcheries, game farms, game refuges, bird refuges, resting and nesting grounds, field stations, dams, lakes, ditches, flumes, waterways, pipelines, canals, rights-of-way, trails, roads and for all purposes incidental to the propagation, preservation, protection and management of the game, birds, fish and wildlife of the state of New Mexico.

History: Laws 1939, ch. 223, § 1; 1941 Comp., § 43-401; Laws 1947, ch. 48, § 1; 1953 Comp., § 53-4-1.

Commission may pay rentals and charge fees to defray them. — This section is a broad grant of power to the state game commission. First, it includes the express power to acquire lands (including lakes) by lease for fish and game purposes. Such necessarily includes the power to pay rentals (within fiscal limits) to continue the lease, and keeping in mind the nature of the statute, it may be fairly implied that the state game commission would have authority to impose fees or other charges to help defray the expenses necessitated by the lease and operations thereunder, particularly where the fees charged and collected are directly related to the rentals paid the lessor. 1957-58 Op. Att'y Gen. No. 58-80.

County ordinance cannot limit authority of state game commission. — County land use ordinances attempting to restrict traditional federal and state regulatory authority are preempted by this section which allows the state game commission to acquire land for fish hatcheries, game farms, game refuges, and other relevant purposes and, thus, such county ordinances are of no consequence. 1994 Op. Att'y Gen. No. 94-01.