HOUSE BILL 28

49th legislature - STATE OF NEW MEXICO - second session, 2010

INTRODUCED BY

Miguel P. Garcia

FOR THE LAND GRANT COMMITTEE

AN ACT

RELATING TO LAND GRANTS; EXCLUDING THE COMMON LANDS OF CERTAIN LAND GRANTS-MERCEDES FROM BEING CONSIDERED TO BE OR DESIGNATED AS STATE LAND FOR CERTAIN PURPOSES; REQUIRING BOARD OF TRUSTEE APPROVAL BEFORE LISTING THE COMMON LANDS OF A LAND GRANT-MERCED IN THE STATE REGISTER OF CULTURAL PROPERTIES OR NATIONAL REGISTER OF HISTORIC PLACES; PRESERVING BOARD OF TRUSTEE CONTROL OF COMMON LANDS.

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

     Section 1. A new section of the Cultural Properties Act is enacted to read:

     "[NEW MATERIAL] CULTURAL PROPERTY--EXCLUSION OF COMMON LANDS OWNED OR CONTROLLED BY A COMMUNITY LAND GRANT-MERCED FROM THE DEFINITION OF STATE LANDS--LISTING OF COMMON LANDS.--

          A. For the purposes of the Cultural Properties Act, the common lands of a community land grant-merced governed as a political subdivision of the state shall not be considered to be or designated as state lands.

          B. A listing of, or recommendation to list, the common lands of a community land grant-merced that is governed as a political subdivision of the state in the state register of cultural properties or national register of historic places is void if the recommendation or listing was done after July 1, 2004 without the permission of the board of trustees of the land grant-merced."

     Section 2. A new section of the Cultural Properties Protection Act is enacted to read:

     "[NEW MATERIAL] CULTURAL PROPERTY--EXCLUSION OF COMMON LANDS OWNED OR CONTROLLED BY A COMMUNITY LAND GRANT-MERCED FROM THE DEFINITION OF STATE LANDS--LISTING OF COMMON LANDS.--

          A. For the purposes of the Cultural Properties Protection Act, the common lands of a community land grant-merced governed as a political subdivision of the state shall not be considered to be or designated as state lands.

          B. A listing of, or recommendation to list, the common lands of a community land grant-merced that is governed as a political subdivision of the state in the state register of cultural properties or national register of historic places is void if the recommendation or listing was done after July 1, 2004 without the permission of the board of trustees of the land grant-merced."

     Section 3. Section 18-8-1 NMSA 1978 (being Laws 1989, Chapter 13, Section 1) is amended to read:

     "18-8-1. SHORT TITLE.--[This act] Chapter 18, Article 8 NMSA 1978 may be cited as the "New Mexico Prehistoric and Historic Sites Preservation Act"."

     Section 4. A new section of the New Mexico Prehistoric and Historic Sites Preservation Act is enacted to read:

     "[NEW MATERIAL] CULTURAL PROPERTY--PERMISSION OF BOARD OF TRUSTEES FOR INCLUSION OF COMMON LANDS OWNED OR CONTROLLED BY A COMMUNITY LAND GRANT-MERCED.--

          A. The provisions of the New Mexico Prehistoric and Historic Sites Preservation Act shall not apply to the common lands of a community land grant-merced governed as a political subdivision of the state unless the board of trustees of that land grant-merced first approves the designation and listing of those lands in the state register of cultural properties or national register of historic places.

          B. A listing of, or recommendation to list, the common lands of a community land grant-merced that is governed as a political subdivision of the state in the state register of cultural properties or national register of historic places is void if the recommendation or listing was done after July 1, 2004 without the permission of the board of trustees of the land grant-merced."

     Section 5. Section 49-1-11.1 NMSA 1978 (being Laws 2004, Chapter 124, Section 2, as amended) is amended to read:

     "49-1-11.1. RIGHTS OF LESSEES AND PURCHASERS--RIGHTS TO USE OF COMMON LANDS.--

          A. A person who is not an heir and who has purchased or leased property within the limits of a 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 1 NMSA 1978 shall not diminish, extinguish or otherwise impair any private property interest located within the boundaries of a land grant-merced or be construed to grant the board of trustees of a land grant-merced regulatory authority over such property interests or lands other than the common lands. 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.

          C. The designation of land grants-mercedes as political subdivisions of the state shall not alter the property rights of the heirs in the common lands. After July 1, 2004, the common lands owned or controlled by a land grant-merced are not subject to the provisions of the Cultural Properties Act, Cultural Properties Protection Act or New Mexico Prehistoric and Historic Sites Preservation Act unless application of those acts to the common lands is first approved by the board of trustees of the affected land grant-merced."

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