HOUSE BILL 35
53rd legislature - STATE OF NEW MEXICO - first session, 2017
INTRODUCED BY
Tomás E. Salazar and Miguel P. Garcia
FOR THE LAND GRANT COMMITTEE
AN ACT
RELATING TO PARTITIONS OF LAND GRANTS-MERCEDES; ESTABLISHING QUALIFIED PARTITIONS OF LAND GRANTS-MERCEDES AS AUTONOMOUS LAND GRANTS-MERCEDES; AMENDING SECTIONS OF THE NMSA 1978.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 49-1-1.1 NMSA 1978 (being Laws 2004, Chapter 124, Section 1) is amended to read:
"49-1-1.1. DEFINITIONS.--As used in Chapter 49 NMSA 1978:
A. "heir" means a person who is a [descendent] descendant of the original grantees and has an interest in the common land of a land grant-merced through inheritance, gift or purchase;
B. "land grant-merced" means:
(1) a grant of land made by the government of Spain or by the government of Mexico to a community, town, colony or pueblo or to a person for the purpose of founding or establishing a community, town, colony or pueblo; or
(2) a grant of land made by the community, town, colony or pueblo that received a grant of land as provided in Paragraph (1) of this subsection that, prior to 2004, was partitioned from the lands of that land grant-merced for the purpose of establishing common lands for a separate community, town or pueblo and where the boundaries of those common lands have been confirmed by deed of title or indenture executed by the board of trustees of that land grant-merced or by a state or federal court; and
C. "qualified voting member" means an heir who is registered to vote in a land grant-merced as prescribed in the land grant-merced bylaws."
SECTION 2. Section 49-1-2 NMSA 1978 (being Laws 1907, Chapter 42, Section 2, as amended by Laws 2013, Chapter 8, Section 1 and by Laws 2013, Chapter 83, Section 1) is amended to read:
"49-1-2. APPLICATION.--
A. Sections 49-1-1 through 49-1-18 NMSA 1978:
(1) shall apply to:
(a) all land grants-mercedes confirmed by the congress of the United States or by the court of private land claims or designated as land grants-mercedes in any report or list of land grants prepared by the surveyor general and confirmed by congress; and
(b) any partition of a land grant-merced conveyed by deed of title or indenture executed by the board of trustees of a land grant-merced or by a state or federal court to an heir or heirs of that land grant-merced for the purpose of establishing common lands for a separate land grant-merced; provided that the conveyance of that partition is affirmed by a court of competent jurisdiction and that the partition is certified by the Guadalupe Hidalgo treaty division of the office of the attorney general to have been managed as common lands for the heirs of that partition for at least twenty years prior to the enactment of this 2017 act. The Guadalupe Hidalgo treaty division may establish methods and procedures for certification; but
(2) shall not apply to any land grant that is now managed or controlled in any manner, other than as provided in Sections 49-1-1 through 49-1-18 NMSA 1978, by virtue of any general or special act.
B. If a majority of the members of the board of trustees of a land grant-merced covered by specific legislation determines that the specific legislation is no longer beneficial to the land grant-merced, the board has the authority to petition the legislature to repeal the legislation and to be governed by its bylaws and as provided in Sections 49-1-1 through 49-1-18 NMSA 1978.
C. The town of Tome land grant-merced, situated in Valencia county, confirmed by congress in 1858 and patented by the United States to the town of Tome, shall be governed by the provisions of Sections 49-1-1 through 49-1-18 NMSA 1978.
D. The town of Atrisco land grant-merced, situated in Bernalillo county, confirmed by the court of private land claims in 1894 and patented by the United States to the town of Atrisco in 1905, shall be governed by the provisions of Sections 49-1-1 through 49-1-18 NMSA 1978; provided that the board of trustees shall not have regulatory jurisdiction over, and the provisions of Chapter 49, Article 1 NMSA 1978 shall not apply to or govern, any lands or interests in real property the title to which is held by any other person, including a public or private corporation, partnership or limited liability company.
E. The Tecolote land grant-merced, also known as the town of Tecolote, situated in San Miguel county, confirmed by congress in 1858 and patented by the United States to the town of Tecolote in 1902, shall be governed by the provisions of Sections 49-1-1 through 49-1-18 NMSA 1978.
F. Notwithstanding the provisions of Subsection A of this section to the contrary, the San Antonio del Rio Colorado land grant-merced, situated in Taos county, which claim was recommended for confirmation by surveyor general James K. Proudfit in 1874 and again in 1886 by surveyor general George W. Julian, but not confirmed by congress, shall be governed by the provisions of Sections 49-1-1 through 49-1-18 NMSA 1978."
SECTION 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2017.
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