SENATE BILL 439
53rd legislature - STATE OF NEW MEXICO - first session, 2017
INTRODUCED BY
Howie C. Morales
AN ACT
RELATING TO STATE-OWNED PROPERTY; REQUIRING THE TRANSFER OF CERTAIN REAL AND TANGIBLE PERSONAL PROPERTY ON THE FORT BAYARD HOSPITAL CAMPUS TO THE VILLAGE OF SANTA CLARA; PROVIDING FOR THE LEASE OF WATER RIGHTS BY THE VILLAGE OF SANTA CLARA.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. [NEW MATERIAL] LEGISLATIVE FINDINGS--FORT BAYARD HOSPITAL CAMPUS--REAL AND TANGIBLE PERSONAL PROPERTY TRANSFERRED TO THE VILLAGE OF SANTA CLARA--WATER RIGHTS LEASE.--
A. The legislature finds that:
(1) the Fort Bayard hospital property, known by the federal government as the veterans administration hospital property, with water rights, was declared surplus property and subsequently conveyed to the state of New Mexico in 1966 for and in consideration of the premises, the sum of one million forty-two thousand four hundred sixty-five dollars ($1,042,465) paid by the state by earning a public benefit allowance of one hundred percent of that sum, subject to covenants, conditions, reservations and restrictions, namely that for the period of twenty years from September 2, 1965, the state would use the property continuously for public health purposes, which the state did;
(2) certain property of the Fort Bayard military reservation was excluded from the conveyance, namely all of that part known as the Fort Bayard veterans administration cemetery and building no. 263 and the land underlying that building; and
(3) all minerals and mineral rights were reserved to the United States.
B. The legislature finds further that:
(1) the state has not operated a hospital on the Fort Bayard hospital property for many years, and a new Fort Bayard medical center was built across the highway from the Fort Bayard property and opened in 2010;
(2) the property has been designated as a national historic landmark;
(3) currently, the property is unproductive, and the historic buildings are deteriorating;
(4) the general services department has neither short- nor long-term plans to develop the property and has been unable to sell it; and
(5) the village of Santa Clara, a local public body, proposes to preserve certain historic buildings on the property and establish a living heritage recreational complex, thus providing economic development and tourism for an area of the state that needs to diversify its economy.
C. The legislature finds further that:
(1) Sections 13-6-2 and 13-6-3 NMSA 1978 are limitations on the sale, trade or lease of state property by state agencies, and the sections do not apply to the legislature;
(2) the legislature has plenary legislative authority limited only by the state and federal constitutions;
(3) the only constitutional limitation on the legislature's authority over real property owned by the state is that those lands given to the state by the United States congress as land grants are under the control of the commissioner of public lands; and
(4) it is in the public interest to transfer three hundred fifteen acres, more or less, of the Fort Bayard hospital property to the village of Santa Clara to establish a living heritage recreational complex and preserving Fort Bayard as a national historic landmark.
D. The real property to be conveyed, part of the property known as the Fort Bayard hospital, Grant county, New Mexico, is described in an unofficial survey as:
"Beginning at corner No. 1 of the division (center) line that is a point on the north boundary of the original deed survey between corner No. 1 and corner No. 2 of the original deed survey, thence S. 29° W., 480 feet to corner No. 2; thence N. 65° W., 250 feet to corner No. 3; thence N. 25° E., 70 feet to corner No. 4; thence N. 63° W., 150 feet to corner No. 5; thence S. 29° W., 565 feet to corner No. 6 on the south side of Fifth street; thence S. 66° E., 370 feet to corner No. 7; thence S. 28° W., 1,195 feet to corner No. 8; thence S. 68° E., 250 feet to corner No. 9; thence S. 34° W., 170 feet to corner No. 10; thence S. 64° E., 160 feet to corner No. 11; thence S. 29° W., 2,020 feet to corner No. 12; thence S. 60° W., 420 feet to corner No. 13; thence S. 85° W., 45 feet to corner No. 14; thence along the northwest line between corners Nos. 8 and 9 on the original deed survey; thence S. 28° 13' 00" E., 1,133.80 feet to corner No. 8 of the original deed survey; thence N. 89° 03' 00" E., 2,504.57 feet to corner No. 7 of the original deed survey; thence N. 00° 00' 00" W., 615 feet to corner No. 6 of the original deed survey; thence S. 90° 00' 00" W., 400 feet to corner No. 5 of the original deed survey; thence N. 23° 00' 00" E., 1,450 feet to corner No. 4 of the original deed survey; thence N. 47° 59' 00" E., 1,573.40 feet to corner No. 3 of the original deed survey; thence N. 18° 30' 00" W., 2,380 feet to corner No. 2 of the original deed survey; thence East along the north boundary of the original deed survey 1,520 feet to corner No. 1 of the divisional survey and the point of beginning.
Containing 314.804 acres more or less.
Including all buildings, improvements and materials within the boundary.
This description was produced from scaling bearing and distance from a map from the village of Santa Clara, and bearings and distance from the original deed boundary survey.".
E. The transfer of the described property to the village of Santa Clara does not include the donation or transfer of water rights; provided, however, the general services department, with the approval of the state engineer, shall enter into a long-term lease with the village of Santa Clara for at least thirty-five acre-feet of water per year for fire suppression and other uses on that portion of the Fort Bayard property transferred to the village.
F. The village of Santa Clara shall pay for an official survey as part of the transfer of the property from the control of the general services department to the village of Santa Clara.
G. The village of Santa Clara shall not sell, trade or otherwise permanently dispose of the property transferred without the approval of the legislature; provided that "permanent disposal" means for longer than twenty-five years; and provided further that the village may lease buildings or other property to the federal, state or other local governments and may lease portions of the recreational complex to recreational providers. If the village of Santa Clara proposes to use the property for any purposes other than as a living heritage recreational complex, it must obtain the approval of the legislature.
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