0001| HOUSE BILL 569 | 0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997 | 0003| INTRODUCED BY | 0004| GARY K. KING | 0005| | 0006| | 0007| | 0008| | 0009| | 0010| AN ACT | 0011| RELATING TO LAND GRANTS; AMENDING THE POWERS OF BOARDS OF | 0012| TRUSTEES; PROVIDING FOR THE BOARD OF TRUSTEES OF THE CHILILI | 0013| LAND GRANT; AMENDING, REPEALING AND ENACTING SECTIONS OF THE | 0014| NMSA 1978. | 0015| | 0016| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0017| Section 1. Section 49-1-3 NMSA 1978 (being Laws 1907, | 0018| Chapter 42, Section 3, as amended) is amended to read: | 0019| "49-1-3. BOARD OF TRUSTEES--MANAGEMENT OF GRANT--POWERS.- | 0020| -The management and control of all the grants and tracts of | 0021| land to which Sections 49-1-1 through 49-1-18 NMSA 1978 are | 0022| applicable by virtue of Section 49-1-2 NMSA 1978 is hereby | 0023| vested in a board of trustees, to be known as the "board of | 0024| trustees of the _____________ land grant" (designating the same | 0025| by the name of [such] the town, colony, pueblo or | 0001| community), and the board shall have the following general | 0002| powers: | 0003| A. to control, care for and manage the grant and | 0004| real estate, [and] to prescribe the terms and conditions | 0005| under which the common lands [thereof] may be used and | 0006| enjoyed and to make all necessary and proper rules and | 0007| regulations for the government thereof; | 0008| B. to sue and be sued under the title [aforesaid] | 0009| as set forth in this section; | 0010| C. to [sell, convey] lease [or mortgage] so | 0011| much of the land grant or real estate under its control [as | 0012| aforesaid] as is held in common; | 0013| D. to prescribe the price to be paid for the use of | 0014| the common lands and to prohibit any person failing or refusing | 0015| to pay [such] that amount from using any portion of the | 0016| [same] common lands while he continues in default in | 0017| [such] those payments; provided that the amount so fixed | 0018| shall be in proportion to the number and kinds of livestock | 0019| pasturing upon [such] the common lands; | 0020| E. to adopt and use an official seal; | 0021| F. to appoint judges and clerks of election at all | 0022| elections [herein] provided for in Sections 49-1-1 through | 0023| 49-1-18 NMSA 1978, subsequent to the first, and to canvass the | 0024| votes cast [thereat] in those elections; and | 0025| G. to make such rules and regulations, not in | 0001| conflict with the constitution and laws of the United States or | 0002| the state of New Mexico, as may be necessary for the | 0003| protection, improvement and management of [such] the common | 0004| lands and real estate and the use and enjoyment thereof and of | 0005| the common waters thereon." | 0006| Section 2. Section 49-4-1 NMSA 1978 (being Laws 1876, | 0007| Chapter 51, Section 1) is amended to read: | 0008| "49-4-1. CHILILI GRANT--RATIFICATION OF | 0009| PARTITIONS. [Sec. 41. That] All apportionments or partitions | 0010| of land on the grant of Chilili, in precinct number ten of the | 0011| county of Bernalillo and state of New Mexico, made by Inez | 0012| Armenta as trustee or by his [successor or] successors as | 0013| trustees of [said] the grant to the bona fide residents | 0014| [thereon, be and the same] on the grant are hereby | 0015| confirmed." | 0016| Section 3. Section 49-4-2 NMSA 1978 (being Laws 1876, | 0017| Chapter 51, Section 2) is amended to read: | 0018| "49-4-2. DEEDS TO SETTLERS. [Sec. 42.] It shall be the | 0019| duty of [said] Inez Armenta or his successors in office to | 0020| extend title deeds to [such] the persons [as] who have | 0021| held bona fide possession of the land to them apportioned for | 0022| the term of ten years and still hold the [same] land under | 0023| the authority of the [said] trustees [said]. The deeds | 0024| [to] shall be signed by the president of the board of | 0025| trustees, and the person interested [paying] shall pay | 0001| the costs of [said] the deed, not exceeding two dollars | 0002| ($2.00)." | 0003| Section 4. Section 49-4-3 NMSA 1978 (being Laws 1876, | 0004| Chapter 51, Section 3, as amended) is repealed and a new | 0005| Section 49-4-3 NMSA 1978 is enacted to read: | 0006| "49-4-3. [NEW MATERIAL] BOARD OF TRUSTEES--MANAGEMENT | 0007| OF THE GRANT--ELECTION--POWERS.-- | 0008| A. For the purpose of managing the grant, there | 0009| shall be elected five active heirs to be members of the board | 0010| of trustees of the grant. Members of the board shall be legal | 0011| voters according to the qualifications for voters in New | 0012| Mexico, shall be active heirs of and interested in the grant | 0013| and shall not have committed any felony offense against the | 0014| laws of New Mexico. | 0015| B. The trustees shall be voted upon by persons who | 0016| have the same qualifications as members of the board of | 0017| trustees as provided in this section. The election for members | 0018| of the board of trustees shall be held within the grant at a | 0019| place designated by and under rules established by the board of | 0020| trustees on the first Sunday in January 1995 and every two | 0021| years thereafter. | 0022| C. The board of trustees is authorized to pass | 0023| ordinances as it deems necessary for the administration and | 0024| protection of the property of the grant." | 0025| Section 5. A new Section 49-4-4 NMSA 1978 is enacted to | 0001| read: | 0002| "49-4-4. [NEW MATERIAL] BODY CORPORATE--TITLE--POWER | 0003| TO SUE AND BE SUED.--The certain land grant situated in | 0004| Bernalillo and Torrance counties in New Mexico is hereby | 0005| incorporated and formed into a body corporate and politic under | 0006| the name and title of the "Chilili land grant" and as such | 0007| corporate body and in its name shall have the right and power | 0008| to sue and be sued." | 0009| Section 6. A new Section 49-4-5 NMSA 1978 is enacted to | 0010| read: | 0011| "49-4-5. [NEW MATERIAL] APPOINTMENT OF OFFICERS-- | 0012| DUTIES--BOND OF TREASURER.--The board of trustees shall appoint | 0013| a president, a secretary and a treasurer from among the | 0014| members. The secretary shall keep a correct record of the | 0015| proceedings of the board of trustees and shall receive and keep | 0016| the funds and personal property belonging to the grant. The | 0017| treasurer shall give a bond in favor of the grant in a sum | 0018| fixed by the board not to exceed two times the amount that may | 0019| come into the hands of the treasurer during his term." | 0020| Section 7. A new Section 49-4-6 NMSA 1978 is enacted to | 0021| read: | 0022| "49-4-6. [NEW MATERIAL] CONTRACTS FOR LEASE-- | 0023| LIMITATION.--The board of trustees is authorized to make, give | 0024| and execute contracts for the lease of lands within the grant | 0025| in favor of active heirs interested in the grant, for | 0001| residential purposes; provided that no contract for lease may | 0002| be given to any person for more than two acres of land or for a | 0003| term of less than five years or to any person not residing on | 0004| the leased land. The board has no other authority to convey | 0005| interests in real property." | 0006| Section 8. A new Section 49-4-7 NMSA 1978 is enacted to | 0007| read: | 0008| "49-4-7. [NEW MATERIAL] TAX AUTHORIZATION.--The board | 0009| of trustees is authorized to tax all parties interested in the | 0010| grant, in proportion to the interest that each person may have | 0011| in the grant, to provide the necessary sums of money for the | 0012| defense, protection or other interests of the grant." | 0013| Section 9. A new Section 49-4-8 NMSA 1978 is enacted to | 0014| read: | 0015| "49-4-8. [NEW MATERIAL] COMPENSATION OF BOARD-- | 0016| EXPENSES.--Members of the board of trustees shall not receive | 0017| any compensation for their services; provided that they shall | 0018| be paid for other necessary expenses that they may incur in | 0019| connection with the grant." | 0020| - - | 0021| | 0022| | 0023| | 0024| State of New Mexico | 0025| House of Representatives | 0001| | 0002| FORTY-THIRD LEGISLATURE | 0003| FIRST SESSION, 1997 | 0004| | 0005| | 0006| February 19, 1997 | 0007| | 0008| | 0009| Mr. Speaker: | 0010| | 0011| Your JUDICIARY COMMITTEE, to whom has been referred | 0012| | 0013| HOUSE BILL 569 | 0014| | 0015| has had it under consideration and reports same with | 0016| recommendation that it DO PASS, and thence referred to the | 0017| TAXATION AND REVENUE COMMITTEE. | 0018| | 0019| Respectfully submitted, | 0020| | 0021| | 0022| | 0023| | 0024| | 0025| Thomas P. Foy, Chairman | 0001| | 0002| | 0003| Adopted Not Adopted | 0004| | 0005| (Chief Clerk) (Chief Clerk) | 0006| | 0007| Date | 0008| | 0009| The roll call vote was 7 For 1 Against | 0010| Yes: 7 | 0011| No: Larranaga | 0012| Excused: Alwin, Luna, Mallory, Rios, Pederson | 0013| Absent: None | 0014| | 0015| | 0016| G:\BILLTEXT\BILLW_97\H0569 |