2018 New Mexico Statutes
Chapter 17 - Game and Fish and Outdoor Recreation
Article 4 - Propagation of Fish and Game
Section 17-4-3 - Exchange, sale, lease, sublease and assignment of lands by commission; proceeds.]
The state game commission, except as herein limited, is authorized to exchange, sell, lease, sublease or assign any interest in any lands and leases heretofore or hereafter acquired including but not limited to the sale or lease of timber, oil, gas, minerals or any other severable product of or interest in real estate, when, in the judgment of said commission, such transaction will be in the interest of the state game commission and said lands, leases, products or severable parts thereof, are, in the opinion of such commission, no longer necessary for the purposes for which such lands were acquired or where such lease or sublease will not materially interfere with or conflict with the use of such lands for the purpose for which they were acquired. The proceeds of any such sale, exchange, lease or assignment shall be converted into the game protection fund and disbursed as the other moneys in said fund are disbursed.
History: Laws 1939, ch. 223, § 3; 1941 Comp., § 43-403; 1953 Comp., § 53-4-3; Laws 1955, ch. 86, § 1.
Whether to lease is left to commission's sole discretion. — Whether or not a lease should be executed is a question to be determined by the judgment and discretion of the game commission. 1957-58 Op. Att'y Gen. No. 57-149.
Commission may itself conduct sale of lands. — Under this section the state game commission is itself authorized to sell its lands, or interests therein, unfettered by the provisions of the general statute governing the sale of property by state agencies or local public bodies. 1957-58 Op. Att'y Gen. No. 58-76.
If the commission chooses to itself sell the lands, it could, if it wanted, advertise the proposed sale, or otherwise notify prospective purchasers. But such is a matter to be determined by the commission in its sound discretion. 1957-58 Op. Att'y Gen. No. 58-76.
