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AN ACT

RELATING TO LAND GRANTS; CONFORMING THE GOVERNING STATUTES OF

THE CHILILI LAND GRANT WITH THE PROVISIONS OF CHAPTER 49,

ARTICLE 1 NMSA 1978; PROVIDING PENALTIES; AMENDING, REPEALING

AND ENACTING CERTAIN SECTIONS OF THE NMSA 1978.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. Section 49-4-1 NMSA 1978 (being Laws 1876,

Chapter 51, Section 1) is amended to read:

"49-4-1. CHILILI LAND GRANT-MERCED--RATIFICATION OF

PARTITIONS--GOVERNANCE.--

A. All apportionments or partitions of land on the

grant of Chilili made by Inez Armenta as trustee or by his

successors as trustees of the grant to the bona fide residents

on the grant are hereby confirmed.

B. The government and control of the common lands

of the Chilili land grant-merced, also known as la merced del

pueblo de Chilili, is vested in five trustees, to be known

officially as "the board of trustees of the Chilili land

grant-merced", who shall manage and control the land

grant-merced in accordance with the provisions of Chapter 49,

Article 4 NMSA 1978."

Section 2. A new section of Chapter 49, Article 4 NMSA

1978 is enacted to read:

"DEFINITIONS.--As used in Chapter 49, Article 4 NMSA

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1978:

A. "board of trustees" means the board of trustees

of the Chilili land grant-merced;

B. "common lands" means lands owned by the Chilili

land grant for the benefit of the heirs of the land grant-

merced;

C. "heir" means a person who is a descendant of

the original grantees and has an interest in the common land

of the land grant-merced through inheritance, gift or

purchase;

D. "land grant-merced" means the grant of land

made by the government of Mexico to the town of Chilili in

1841, which was confirmed by congress in 1858 and issued a

patent by the United States in 1909; and

E. "qualified voting member" means an heir who is

registered to vote in the land grant-merced as prescribed in

the land grant-merced bylaws."

Section 3. A new section of Chapter 49, Article 4 NMSA

1978 is enacted to read:

"MANAGEMENT OF GRANT.--The Chilili land grant-merced

shall be controlled and governed by the Treaty of Guadalupe

Hidalgo, by the provisions of Chapter 49, Article 4 NMSA 1978

as a political subdivision of the state and by all provisions

of its bylaws not in conflict with the Treaty of Guadalupe

Hidalgo or state law."

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Section 4. A new section of Chapter 49, Article 4 NMSA

1978 is enacted to read:

"BOARD OF TRUSTEES--MANAGEMENT OF GRANT--POWERS.--The

board of trustees shall have the power to:

A. control, care for and manage the land

grant-merced and real estate owned by the land grant-merced;

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 and have the standing to sue in

law or equity to protect and expand the common lands of the

land grant-merced;

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

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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 Chapter 49, Article 4 NMSA 1978 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; and

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 select a

qualified arbitrator to arbitrate for zoning conflicts between

the land grant-merced and neighboring municipalities and

counties."

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Section 5. A new section of Chapter 49, Article 4 NMSA

1978 is enacted to read:

"BOARD OF TRUSTEES--QUALIFICATIONS.--The board of

trustees shall consist of five members. If there is more than

one precinct in the land grant-merced, no more than three

members shall be residents of the same precinct; provided,

however, that if the precinct boundaries do not coincide with

the boundaries of the land grant-merced, the board of trustees

may create districts that better reflect the distribution of

population within the land grant-merced and that any one of

which has no more than three members of the board of trustees

as residents. A person shall be qualified to be a member of

the board if the person is a qualified voting member and is

not in default of any dues, rent or other payment for the use

of any of the common lands of the land grant-merced."

Section 6. A new section of Chapter 49, Article 4 NMSA

1978 is enacted to read:

"ELECTION OF MEMBERS OF BOARD OF TRUSTEES--VOTERS'

QUALIFICATIONS--REGISTRATION.--

A. Elections for the board of trustees shall be

held on the first Monday in April or on a day designated in

the bylaws, either every two or every four years as specified

in the bylaws of the land grant-merced.

B. All qualified voting members of the land grant-

merced are qualified to vote and may vote for trustees as

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specified in the land grant-merced bylaws.

C. The registration of qualified voting members

shall be conducted in the manner prescribed in the Election

Code, substituting the words "board of trustees" and

"secretary" wherever the words "county commission" and "county

clerk" are used in that code.

D. The registration books compiled before each

election shall be used at that election. A person shall not

vote at the election unless duly registered in the books, and

a ballot of any unregistered person shall not be counted or

canvassed.

E. The board of trustees shall give public notice

in Spanish and English of the time of the election and fix and

give notice of the polling places in each precinct by

handbills posted in at least five public places in each

precinct at least fifteen days prior to the election. Notice

shall also be given by publication fifteen days prior to the

election in a newspaper in general circulation within the land

grant-merced if there is one.

F. Elections shall be conducted, as nearly as is

practicable, in the same manner as provided by law for the

holding of general elections in this state. The judges and

clerks of elections shall be appointed and the votes canvassed

by the board of trustees."

Section 7. A new section of Chapter 49, Article 4 NMSA

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1978 is enacted to read:

"ELECTION--CANVASSING VOTES.--The election judges and

board of trustees shall meet not later than seven days

following the election and canvass the votes cast and issue to

each of the five persons having a majority of votes a

certificate showing that each one has been duly elected."

Section 8. A new section of Chapter 49, Article 4 NMSA

1978 is enacted to read:

"ORGANIZATION OF BOARD--BONDS--VACANCIES.--

A. All members of the newly elected board of

trustees shall meet no later than seven days after the votes

are canvassed and organize themselves by the election of a

president, secretary and treasurer. The treasurer shall

perform such duties as may be required by the board and shall

furnish to the board a good and sufficient surety bond in a

sum as set forth in this section, to be conditioned as are the

bonds of other public officials handling public money. It is

the duty of the treasurer to deposit all the money of the land

grant-merced in a bank organized and doing business in New

Mexico.

B. In the event of the death or resignation of the

treasurer, the board shall fill the vacancy by appointing one

of the members of the board as treasurer, who shall, before

entering into the performance of the duties as treasurer,

execute and furnish to the board a good and sufficient surety

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bond, similar to the bond entered into by the predecessor.

C. The amount of the bond required of the

treasurer and the treasurer's successor shall at all times be

for a sum of at least double the amount received by and

deposited in the bank by the treasurer.

D. In the event the board of trustees delegates

any other of its members to collect money due the land grant-

merced, that person shall be bonded in the same manner as is

provided in this section for the bonding of the treasurer.

E. Those authorized to collect money shall give

receipts for the money collected, which receipts shall be in

the form prescribed by the board of trustees in the bylaws as

an official receipt."

Section 9. A new section of Chapter 49, Article 4 NMSA

1978 is enacted to read:

"MEETINGS.--Regular meetings of the board of trustees

shall be held no less than quarterly and in a public place as

the board may determine in accordance with the bylaws. The

time and place of regular meetings shall be posted in Spanish

and English in a public place within the land grant-merced at

least ten days prior to the meeting. Special meetings may be

held at any time on call of the president, with five days'

notice being given to each member."

Section 10. A new section of Chapter 49, Article 4 NMSA

1978 is enacted to read:

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"QUORUM.--A majority of the members of the board of

trustees shall constitute a quorum for the transaction of

business, and the land grant-merced and its inhabitants shall

be bound by the acts of the board pursuant to the provisions

of Chapter 49, Article 4 NMSA 1978 and the land grant-merced

bylaws."

Section 11. A new section of Chapter 49, Article 4 NMSA

1978 is enacted to read:

"SALE OR MORTGAGE OF COMMON LANDS--RESTRICTIONS.--

A. A conveyance of a portion of or all of the

common lands of the land grant-merced shall be effective only

if:

(1) the conveyance is made in accordance

with the land grant-merced bylaws and this section;

(2) the conveyance is made for the benefit

of the land grant-merced;

(3) the board of trustees has approved a

resolution to make the conveyance at a regular meeting held in

accordance with Sections 9 and 12 of this 2007 act;

(4) the board of trustees has petitioned for

an order affirming the board's resolution from the district

court of the district in which the property is located; and

(5) the district court has issued an order

affirming the board of trustees' resolution pursuant to

Subsection D of this section.

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B. An heir may file a written protest of a

conveyance with the board of trustees and the district court

within thirty days of the date that the resolution approving

the conveyance is passed by the board. The board of trustees

shall address and make a decision on the protest at a special

meeting held in accordance with Sections 9 and 12 of this 2007

act within thirty days of receiving the protest.

C. An heir dissatisfied with a decision of the

board of trustees may appeal to the district court of the

county in which the property is located in the following

manner:

(1) appeals to the district court shall be

taken by serving a notice of appeal upon the board within

thirty days of the decision. If an appeal is not timely

taken, the action of the board of trustees is conclusive;

(2) the notice of appeal may be served in

the same manner as a summons in civil actions brought before

the district court or by publication in a newspaper printed in

the county in which the property is located, once per week for

four consecutive weeks. The last publication shall be at

least twenty days prior to the date the appeal may be heard.

Proof of service of the notice of appeal shall be made in the

same manner as in actions brought in the district court and

shall be filed in the district court within thirty days after

service is complete. At the time of filing the proof of

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service and upon payment by the appellant of the civil docket

fee, the clerk of the district court shall docket the appeal;

(3) costs shall be taxed in the same manner

as in cases brought in the district court, and bond for costs

may be required upon proper application; and

(4) the proceeding upon appeal shall be

de novo as cases originally docketed in the district court.

Evidence taken in a hearing before the board of trustees may

be considered as original evidence subject to legal objection,

the same as if the evidence was originally offered in the

district court. The court shall allow all amendments that may

be necessary in furtherance of justice and may submit any

question of fact to a jury or to one or more referees at its

discretion.

D. If the district court finds that all

requirements of this section have been satisfied and that all

protests and appeals are concluded, the court shall issue its

order affirming the board of trustees' resolution conveying

the property.

E. After the district court issues its order, the

board of trustees shall execute the necessary documents in the

name and under the seal of the land grant-merced, and all

heirs shall be bound by the board's conveyance."

Section 12. A new section of Chapter 49, Article 4 NMSA

1978 is enacted to read:

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"MEETINGS TO BE PUBLIC--ANNUAL REPORT.--

A. All meetings of the board of trustees shall be

held in accordance with the Open Meetings Act. Executive

sessions shall not be held except in accordance with the Open

Meetings Act. All heirs of the land grant-merced shall have

the right to be present at all times when the board of

trustees is in session and to be heard on all matters in which

they may be interested.

B. The board of trustees shall annually make

public a report of all its transactions for that year. The

report shall include agendas, minutes, any actions taken and

all financial transactions. The report shall be maintained in

a public place and available for public review.

C. The secretary of the board of trustees shall

reduce to writing, in a book kept for that purpose, minutes of

the business transacted at each meeting of the board of

trustees."

Section 13. A new section of Chapter 49, Article 4 NMSA

1978 is enacted to read:

"VACANCIES.--If a vacancy occurs on the board of

trustees, the remaining members shall fill the vacancy by

appointment made at a regular meeting. The person appointed

shall hold office until the next regular election."

Section 14. A new section of Chapter 49, Article 4 NMSA

1978 is enacted to read:

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"SALARIES OF TRUSTEES--RECORDS--EXPENDITURES.--

A. The board of trustees may fix in the land

grant-merced bylaws and pay to its members a salary not to

exceed two hundred dollars ($200) to any member in one month.

The salary as fixed shall be in full as compensation for the

duties performed by the board of trustees or the individual

members within the exterior boundaries of the land grant-

merced and for attendance at regularly scheduled meetings.

The secretary of the board of trustees may be allowed a salary

not to exceed two hundred twenty-five dollars ($225) in one

month.

B. Board of trustees members may be authorized per

diem and mileage pursuant to the Per Diem and Mileage Act.

C. The board of trustees and the treasurer shall

keep permanent and legible records capable of audit, and no

money or funds shall be paid by the board of trustees or by

any person authorized to expend money except by written check

drawn upon vouchers."

Section 15. A new section of Chapter 49, Article 4 NMSA

1978 is enacted to read:

"PROTECTION OF COMMON LANDS-- DELINQUENCY--FORFEITURE.--

A. If the board of trustees brings an action in

accordance with Subsection B of Section 4 of this 2007 act and

judgment is rendered in favor of the board of trustees, the

court may award to the board of trustees possession of the

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tract, piece or parcel of the land and such damages as it may

have proved for the wrongful detention and any other remedy

provided for by law.

B. A delinquent heir shall lose all right that the

heir may have had to use the common lands of the land grant-

merced unless the heir pays in full all legal assessments or

dues due by the heir."

Section 16. A new section of Chapter 49, Article 4 NMSA

1978 is enacted to read:

"TRESPASS ON COMMON LANDS OR WATERS--INJUNCTIONS.--The

courts of this state shall entertain bills of complaint filed

by the board of trustees of the land grant-merced to enjoin

persons from trespassing upon the common lands or using the

common waters within the land grant-merced if it appears that

the complainant is without a plain, speedy and adequate remedy

at law or that the persons committing trespass are insolvent

or unable to respond in damages."

Section 17. A new section of Chapter 49, Article 4 NMSA

1978 is enacted to read:

"PROCESS--HOW SERVED ON BOARD.--Process in all actions

or suits against the board of trustees of the land grant-

merced shall be served upon the president or, in the

president's absence, upon the secretary."

Section 18. A new section of Chapter 49, Article 4 NMSA

1978 is enacted to read:

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"REGISTRATION.--The board of trustees shall register its

bylaws and a list of current officers with the secretary of

state in accordance with the provisions of Section 49-1-23

NMSA 1978. The board of trustees shall notify the secretary

of state of the names and positions of the land grant-merced's

elected or appointed officers upon their election or

appointment."

Section 19. A new section of Chapter 49, Article 4 NMSA

1978 is enacted to read:

"FAILURE OF TRUSTEE TO PERFORM DUTIES--PENALTY.--Any

member of the board of trustees who fails or refuses to

perform any of the duties required to be performed by the

board of trustees of the land grant-merced by Chapter 49,

Article 4 NMSA 1978 or by any other law of New Mexico is

guilty of a misdemeanor and upon conviction shall be punished

by a fine of not less than twenty-five dollars ($25.00) nor

more than one hundred dollars ($100) or by imprisonment in the

county jail for a period of not less than thirty days nor more

than ninety days, or both."

Section 20. A new section of Chapter 49, Article 4 NMSA

1978 is enacted to read:

"RIGHTS OF LESSEES AND PURCHASERS.--

A. A person who is not an heir and who purchases

or leases property within the limits of the land grant-merced

shall only have a right to the lands acquired through the

purchase or lease but not to any common lands within the land

grant-merced.

B. The provisions of Chapter 49, Article 4 NMSA

1978 shall not diminish, extinguish or otherwise impair any

private property interest located within the boundaries of the

land grant-merced or be construed to grant the board of

trustees regulatory authority over such property interests or

lands other than the common lands held by the land grant-

merced. As used in this subsection, "property interest"

includes valid easements and rights of access, but does not

include use rights to the common lands of the land grant-

merced."

Section 21. REPEAL.--Sections 49-4-2 and 49-4-3 NMSA

1978 (being Laws 1876, Chapter 51, Sections 2 and 3, as

amended) are repealed.

Section 22. EFFECTIVE DATE.--The effective date of the

provisions of this act is July 1, 2007.

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