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F I S C A L I M P A C T R E P O R T

SPONSOR Vigil

DATE TYPED 2/23/2005 HM 28

SHORT TITLE Support For El Camino Real

SB

ANALYST Moser

APPROPRIATION

Appropriation Contained Estimated Additional Impact Recurring

or Non-Rec

Fund

Affected

FY05

FY06

FY05

FY06

NFI

NFI

Duplicates: HM 28

SOURCES OF INFORMATION

LFC Files

Responses Received From

Department of Transportation (DOT)

Game and Fish

SUMMARY

Synopsis of Bill

The memorial supports maintaining a historic road, once known as NM 21/199 and a section of

El Camino Real, in southern Colfax County as a public highway to provide general access to

public lands around Whites Peak. The memorial requests that the Executive Branch and all its

agencies support this effort.

Significant Issues

1.

The NMDOT maintains that the description of the road in the memorial is incorrect. The

memorial describes the road in question as part of El Camino Real in Colfax and Mora Coun-

ties, also known as State Road 21 and State Road 199. In 1987, the State Highway Commis-

sion removed State Road 199 from the system. State Road 21 was re-defined as running from

the junction with US 64 in Cimarron through Rayado and Miami and ending at the inter-

change with I-25 in Springer.

House Memorial 28 -- Page 2

Map of State Road 21 between Cimarron and Springer, Whites Peak Area, Road under litigation in Colfax

County.

2.

The State Highway Commission quiet claimed the deed to the State Game Commission in

1985. The purpose was to continue public access to Whites Peak recreational area (State

land).

3.

Ownership of the road described in the memorial is the subject of a law suit pending in the

Court of Appeals for the State of New Mexico. In the case State of New Mexico, ex rel Patri-

cia A. Madrid, Attorney General, and New Mexico State Game Commission of the State of

New Mexico, Plaintiffs/Appellants,v.UU Bar Ranch Limited Partnership, A Nevada Limited

Partnership, WesternStates Management Services, LTD., and others, Defendants/Appellees

the State appeals the ruling of the Eight Judicial District Court, County of Colfax, State of

New Mexico, on July 10, 2002 by the Honorable Peggy J. Nelson, in favor of UU Bar Ranch.

The Notice of Appeal from the Judgment and Decree were filed on August 7, 2002.

OTHER SUBSTANTIVE ISSUES

In September 1997 the UU Bar installed a locked gate on the road at its intersection with State

Road 21. This action has prevented public access to White Peak from the north and east.

In 1998 Former New Mexico Attorney General Tom Udall filed suit on behalf of the State alleg-

ing that the road has always existed as a public road from the State’s Territorial Period to the pre-

sent. In October 1999, the District Court dismissed the State’s complaint against the UU Bar

ranch and found that the Attorney General’s Office had no standing to bring the case. The State

Game Commission joined the suit as a Plaintiff in January 2000 and filed an Amended Com-

plaint to Quiet Title.

House Memorial 28 -- Page 3

The State argued that in October 1985, the New Mexico State Highway Commission authorized

a transfer of the disputed property (the 21.8-mile road) by quitclaim deed to the State Game

Commission (New Mexico Game and Fish Department) for public use. This land transfer was

approved in 1985 by the New Mexico State Board of Finance. The State’s attorney argued that

the State never abandoned (in the legal sense) the road and that the State Highway Department’s

use of the term abandoned is different. The transfer to the State Game and Fish Division was to

provide access to state trust land at Whites Peak area. The original deed was lost.

GM/yr