HOUSE JOINT MEMORIAL 18

53rd legislature - STATE OF NEW MEXICO - first session, 2017

INTRODUCED BY

Matthew McQueen and Tomás E. Salazar

A JOINT MEMORIAL

REQUESTING THAT THE TREATY OF GUADALUPE HIDALGO DIVISION OF THE OFFICE OF THE ATTORNEY GENERAL COLLABORATE WITH THE TAXATION AND REVENUE DEPARTMENT, THE BOARD OF COUNTY COMMISSIONERS OF TAOS COUNTY, THE TAOS COUNTY ASSESSOR'S OFFICE AND THE CRISTOBAL DE LA SERNA LAND GRANT-MERCED IN AN ANALYSIS OF THE CREATION OF THE PLAT MAP FOR CRISTOBAL DE LA SERNA LAND GRANT-MERCED AND REPORT ON POSSIBLE METHODS TO RECTIFY THE CURRENT LAND TITLE SITUATION.

     WHEREAS, in 1941, under direction from the predecessor agency to the taxation and revenue department, the Taos county assessor drew up a plat map for the Cristobal de la Serna land grant-merced that awarded separate parcels of land to each of the land grant heirs; and

     WHEREAS, the parcels were drawn as three-foot-wide strips, called lineas, some of which extended up to five miles; and

     WHEREAS, "bizarre" might be a good word to describe the resulting plat map, which has been described variously as looking like spaghetti, flat tree rings or a ball of string after a cat has played with it; and

     WHEREAS, the plat map was evidently created without any consultation with the residents of the Cristobal de la Serna community and was contrary to the community's understanding of the ownership of its lands; and

     WHEREAS, traditionally, the Cristobal de la Serna community managed and used its lands as common lands; and

     WHEREAS, dividing parcels of land into miles-long, three- foot strips would create land management nightmares for most land uses, and this is particularly true for the Cristobal de la Serna common lands because they are used for grazing livestock and because cows and sheep like to wander; and

     WHEREAS, the individual strips of land created by the 1941 plat map appear to have been randomly assigned to the heirs of the Cristobal de la Serna land grant-merced; and

     WHEREAS, the Taos county assessor has testified that proper valuation of property divided into lineas is infeasible; and

     WHEREAS, in a case involving dividing the common lands of a land grant-merced into individual parcels, the New Mexico supreme court held in Armijo v. Town of Atrisco, 62 N.M. 440; 312 P.2nd 2191 (S.Ct. 1941) that separate awards of title were invalid as a matter of equity because some parcels would inevitably be worth more than others; and

     WHEREAS, aside from concerns about equity, dividing the communal lands at Cristobal de la Serna may not have been a proper recognition of the property title protected by the Treaty of Guadalupe Hidalgo and Article 2, Section 5 of the constitution of New Mexico; and

     WHEREAS, resolving the Cristobal de la Serna title and property tax issues will benefit the members of the Cristobal de la Serna community and allow for better management of its land;

     NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO that the Treaty of Guadalupe Hidalgo division of the office of the attorney general be requested to collaborate with the taxation and revenue department, the board of county commissioners of Taos county, the Taos county assessor's office and the Cristobal de la Serna land grant-merced to:

          A. research the history and legal basis for the creation of the 1941 plat map for the Cristobal de la Serna land grant-merced; and

          B. develop a proposal for how the property titles and boundaries for the land may be rationalized; and

     BE IT FURTHER RESOLVED that the Treaty of Guadalupe Hidalgo division of the office of the attorney general be requested to present a report with its findings and proposals to the appropriate legislative interim committee by November 1, 2017; and

     BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the attorney general, the secretary of taxation and revenue, the board of county commissioners of Taos county, the Taos county assessor and the president of the board of trustees for the Cristobal de la Serna land grant-merced.

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