2018 New Mexico Statutes
Chapter 49 - Land Grants
Article 1 - General Provisions
Section 49-1-3 - Board of trustees; management of grant; powers.

The management and control of all land grants-mercedes and tracts of land to which Sections 49-1-1 through 49-1-18 NMSA 1978 are applicable is vested in a board of trustees, to be known as the "board of trustees of the land grant-merced del pueblo de _____" (designating the name of the town, colony, pueblo or community), and the board shall have the power to:

A. control, care for and manage the land grant-merced and real estate, prescribe the terms and conditions under which the common lands may be used and enjoyed and make all necessary and proper bylaws, rules and regulations that shall be in substantial compliance with applicable statutes for the government thereof;

B. sue and be sued under the title as set forth in this section;

C. convey, lease or mortgage the common lands of the land grant-merced in accordance with the land grant-merced bylaws;

D. determine the number of animals that may be permitted to graze upon the common lands and determine other uses of the common lands that may be authorized;

E. prescribe the price to be paid for the use of the common lands and resources of the land grant-merced and prohibit a person failing or refusing to pay that amount from using a portion of the common lands while the person continues in default in those payments; provided that the amount fixed shall be in proportion to the number and kinds of livestock pasturing upon the common lands or to other authorized use of the common lands;

F. adopt and use an official seal;

G. appoint judges and clerks of election at all elections provided for in Sections 49-1-1 through 49-1-18 NMSA 1978, subsequent to the first, and canvass the votes cast in those elections;

H. make bylaws, rules and regulations, not in conflict with the constitution and laws of the United States or the state of New Mexico as may be necessary for the protection, improvement and management of the common lands and real estate and for the use and enjoyment of the common lands and of the common waters of the land grant-merced;

I. determine land use, local infrastructure and economic development of the common lands of the land grant-merced;

J. determine zoning of the common lands of the land grant-merced pursuant to a comprehensive plan approved by the local government division of the department of finance and administration that considers the health, safety and general welfare of the residents of the land grant-merced. The department of finance and administration shall act as arbitrator for zoning conflicts between land grants-mercedes and neighboring municipalities and counties; and

K. enter into memoranda of understanding, contracts and other agreements with a local, state or federal government or a government of a federally recognized Indian nation, tribe or pueblo, including but not limited to agreements concerning the protection and maintenance of cultural resources.

History: Laws 1907, ch. 42, § 3; Code 1915, § 801; C.S. 1929, § 29-103; 1941 Comp., § 9-103; 1953 Comp., § 8-1-3; Laws 1979, ch. 184, § 1; 2004, ch. 124, § 5; 2011, ch. 96, § 1.

The 2011 amendment, effective April 6, 2011, added Subsection K to authorize boards of trustees to enter into agreements with governmental entities and Indian tribes, including agreements concerning cultural resources.

The 2004 amendment, effective July 1, 2004, replaced "the grants" in Subsection A with "land grants-mercedes", added new Subsection D, redesignated former Subsections D to G as Subsections E to H and added new Subsections I and J.

The 1979 amendment added the catchline, substituted "Sections 49-1-1 through 49-1-18 NMSA 1978" for "this chapter" and "Section 49-1-2 NMSA 1978" for "Section 800" near the beginning of the introductory paragraph, added Subsection G and made other minor changes.

Section limited to land management. — This section, providing for the management of the lands of the grant is limited in scope to such management of the lands and nothing more. It is an authorization and direction for the creation of the machinery to perform such a function. The elective process therein involved does not change its character. There is no continuing supervision or control by the state over the trustees or what they do, nor is there a continuing relationship. Mondragon v. Tenorio, 554 F.2d 423 (10th Cir.), cert. denied, 434 U.S. 905, 98 S. Ct. 305, 54 L. Ed. 2d 193 (1977).

Power of board of trustees comes from the statutes providing for its creation. Where the mode of exercising this power is prescribed by the statutes, there must be substantial compliance therewith. Bibo v. Town of Cubero Land Grant, 1958-NMSC-137, 65 N.M. 103, 332 P.2d 1020.

Lack of standing in quiet title suit. — Where a land grant association's board of trustees had not called an election by its members or the trustees as required by law and had not identified the persons having an interest in the lands claimed by the association who had a right to vote at an election and the treasurer had not furnished a surety bond, the association lacked standing as a land grant community or board to assert a claim of title to lands at issue in a suit to quiet title. Cordova v. Broadbent, 1988-NMSC-042, 107 N.M. 215, 755 P.2d 59.

Heirs of land grant may hold as tenants in common with board. — If property is common land of a land grant, the parties who are valid heirs of the land grant may hold the property as tenants in common with the board of trustees. Cebolleta Land Grant ex rel. Bd. of Trustees v. Romero, 1982-NMSC-043, 98 N.M. 1, 644 P.2d 515.

Tax deed may give paramount title to property not common land. — If property is not common land of a land grant, then private parties, by virtue of a tax deed, would have paramount title to that of the land grant. Cebolleta Land Grant ex rel. Bd. of Trustees v. Romero, 1982-NMSC-043, 98 N.M. 1, 644 P.2d 515.

Noncomplying lease void. — A written lease of a portion of the common lands of the grant for a period of five years with an option to renew for five more years was void in the absence of compliance with the provisions of 49-1-11 NMSA 1978. Bibo v. Town of Cubero Land Grant, 1958-NMSC-137, 65 N.M. 103, 332 P.2d 1020.