SENATE BILL 41

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

INTRODUCED BY

Sander Rue

FOR THE LAND GRAND COMMITTEE

AN ACT

RELATING TO LAND GRANTS; REQUIRING NOTICE TO THE BOARDS OF TRUSTEES OF CERTAIN COMMUNITY LAND GRANTS BEFORE CONDUCTING SURVEYS OF LANDS WITHIN OR BORDERING THE LAND GRANT; REQUIRING THE FILING OF PROOF OF NOTICE.

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

     Section 1. A new section of the Engineering and Surveying Practice Act is enacted to read:

     "[NEW MATERIAL] NOTICE OF SURVEYING--LAND GRANTS.--

          A. At least two weeks before a survey of property within or bordering a land grant governed and operating pursuant to Chapter 49, Article 6, 7, 8 or 10 NMSA 1978 is conducted, the surveyor shall give written notice by certified mail to the board of trustees of the affected land grant of when and where the survey will take place.

          B. Proof of the notice required by Subsection A of this section shall be filed with the county clerk when the county clerk accepts for filing a survey or boundary survey plat in accordance with Section 61-23-28.2 NMSA 1978. A survey or boundary survey plat that is filed without the proof of notice required by Subsection A of this section shall not be considered to be a valid filing or recording of the survey or plat."

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