45th legislature - STATE OF NEW MEXICO - second session, 2002

REQUESTING THE ENERGY, MINERALS AND NATURAL RESOURCES DEPARTMENT AND THE ATTORNEY GENERAL TO COOPERATE IN A STUDY OF ENFORCEMENT OF TRESPASS LAWS AND LAWS GOVERNING REMOVAL OF NATURAL RESOURCES FROM PUBLIC AND PRIVATE PROPERTY.

WHEREAS, trespass on public and private property for the purpose of removing natural resources for pecuniary gain is a common violation of law, yet difficult to prosecute; and

WHEREAS, law enforcement officers routinely stop drivers for speeding and to check for compliance with the seat belt law or even to search for drugs, but rarely check for proof of ownership of natural resources being transported for sale; and

WHEREAS, private property owners must rely on public law enforcement agencies to protect property and personal security; and

WHEREAS, trespass and theft are frequent violations that can lead to more serious crime;

NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO that the energy, minerals and natural resources department and the attorney general be requested to cooperate in the study of existing laws and their enforcement for control of trespass and theft of natural resources from both public and private property; and

BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the secretary of energy, minerals and natural resources and to the attorney general.