Occupation of Public Lands

NMSA 1978 ch. 19, art. 3

in effect

NMSA 1978, § 19-3-1 [Possessory rights of occupant; notice and record; abandonment.]

19-3-1. [Possessory rights of occupant; notice and record; abandonment.] Any person who has taken or may hereafter take possession of any lands being a part of the public domain of the United States, either for agriculture or stock-raising, may make out a notice setting forth that he has taken possession of such land, giving a description of the same according to legal subdivisions, if known, if not, then the best description possible, which said land shall not exceed three hundred and twenty acres, which said notice shall be dated and acknowledged as conveyances of real estate, and may then be recorded in the record of conveyances in the county where the property is situate, after which it shall be a notice to all persons of the contents thereof. And the person so making and recording the same shall have the right to the possession of said lands described therein, as against every other person except the United States, and those holding or deriving title from the United States, and may maintain an action of ejectment or forcible entry and detainer for the same: provided, that if such person shall not occupy said lands for the period of six months at any one time, he shall be deemed in law to have abandoned the same: and provided, further, that if such person shall fail to occupy said lands for one-half of the time in each year, counting from the date of recording said notice, he shall be deemed in law to have abandoned the same, but if he shall reenter upon the same before anyone else may take possession thereof, then he shall not be held to have abandoned the same. Laws 1878, ch. 6, § 1; C.L. 1884, § 2579; C.L. 1897, § 3753; Code 1915, § 4642; C.S. 1929, § 111-115; 1941 Comp., § 8-301; 1953 Comp., § 7-3-1.

NMSA 1978, § 19-3-2 [Copy of record as evidence.]

19-3-2. [Copy of record as evidence.] The original notice when recorded, the record thereof provided for in the previous section [19-3-1 NMSA 1978], and a duly certified copy of said record shall be received in evidence with the same effect as deeds of conveyances, their records and copies thereof are now received under the laws of this state, in the trial of any action with reference to said lands contained in said notice or any part thereof. Laws 1878, ch. 6, § 2; C.L. 1884, § 2580; C.L. 1897, § 3754; Code 1915, § 4643; C.S. 1929, § 111-116; 1941 Comp., § 8-302; 1953 Comp., § 7-3-2.

NMSA 1978, § 19-3-3 [Transfer of rights; consent of wife; exemption from sale under execution.]

19-3-3. [Transfer of rights; consent of wife; exemption from sale under execution.] The owner of what is known as a valid claim or improvement under the laws of this state, on public lands of the United States, shall be deemed in possession of a transferable interest therein, and any sale of such improvement shall be considered a sufficient consideration to support a promise: provided, that no such sale shall be valid to convey such improvement when made by the head of a family, unless the wife of the vendor, if any there be, shall give her consent thereto: and provided, also, that such land and the claim thereto shall be exempt from forced sale under execution. Laws 1851-1852, p. 274; C.L. 1865, ch. 86 (2d), § 1; C.L. 1884, § 2571; C.L. 1897, § 3745; Code 1915, § 4634; C.S. 1929, § 111-107; 1941 Comp., § 8-303; 1953 Comp., § 7-3-3.

NMSA 1978, § 19-3-4 [Timber and articles reduced to possession; property right.]

19-3-4. [Timber and articles reduced to possession; property right.] Timber or other articles of value on the lands of the United States, reduced to possession by any person, shall be deemed the property of such person against all persons except the United States, or some person claiming under them. Laws 1851-1852, p. 274; C.L. 1865, ch. 86 (2d), § 2; C.L. 1884, § 2572; C.L. 1897, § 3746; Code 1915, § 4635; C.S. 1929, § 111-108; 1941 Comp., § 8-304; 1953 Comp., § 7-3-4.

NMSA 1978, § 19-3-5 [Common pastures.]

19-3-5. [Common pastures.] All public lands, proper for pasturing horned cattle, sheep and horses, of any class whatever, are reserved for such purpose, and declared common pastures. Laws 1861-1862, p. 274; C.L. 1865, ch. 86 (2d), § 4; C.L. 1884, § 2573; C.L. 1897, § 3747; Code 1915, § 4636; C.S. 1929, § 111-109; 1941 Comp., § 8-305; 1953 Comp., § 7-3-5.

NMSA 1978, § 19-3-6 [Use of common pasturage.]

19-3-6. [Use of common pasturage.] Said lands shall not be used by any person as private property, but shall be held as public property for the use of any person, and common to all. Laws 1861-1862, p. 274; C.L. 1865, ch. 86 (2d), § 5; C.L. 1884, § 2574; C.L. 1897, § 3748; Code 1915, § 4637; C.S. 1929, § 111-110; 1941 Comp., § 8-306; 1953 Comp., § 7-3-6.

NMSA 1978, § 19-3-7 [Meadows in common pastures; enclosure for hay.]

19-3-7. [Meadows in common pastures; enclosure for hay.] All persons are prohibited from occupying any meadow situated upon the public lands, and known as public pasture ground, for the purpose of speculating with the hay thereon, to the great detriment of the entire community: provided, however, one hundred and sixty acres may be so occupied by enclosing the same with a secure fence, and not otherwise. Laws 1865, ch. 16, § 1; C.L. 1884, § 2575; C.L. 1897, § 3749; Code 1915, § 4638; C.S. 1929, § 111-111; 1941 Comp., § 8-307; 1953 Comp., § 7-3-7.

NMSA 1978, § 19-3-8 [Exclusive occupation of meadow; penalty; civil damages.]

19-3-8. [Exclusive occupation of meadow; penalty; civil damages.] Should any person, contrary to the provisions of the preceding section [19-3-7 NMSA 1978], take possession of and appropriate to himself any such meadow with the object of selling the hay thereof, or to impede or prevent animals from grazing thereupon, or kill or otherwise injure such animals, the same shall be liable to punishment upon conviction in the district court, by fine of not more than one hundred and fifty [($150)] or not less than fifty dollars [($50.00)], provided, the party so offending shall be responsible in civil action to the party interested for all damages the latter may have suffered. Laws 1865, ch. 16, § 2; C.L. 1884, § 2576; C.L. 1897, § 3750; Code 1915, § 4639; C.S. 1929, § 111-112; 1941 Comp., § 8-308; 1953 Comp., § 7-3-8.

NMSA 1978, § 19-3-9 [Proceedings before magistrate.]

19-3-9. [Proceedings before magistrate.] The justice of the peace [magistrate] before whom complaint shall have been made for a violation of the two foregoing sections [19-3-7, 19-3-8 NMSA 1978], shall immediately enter upon the due investigation of the same, as by law required in the case of other offenses, and shall transmit his proceedings to the proper court. Laws 1865, ch. 16, § 3; C.L. 1884, § 2577; C.L. 1897, § 3751; Code 1915, § 4640; C.S. 1929, § 111-113; 1941 Comp., § 8-309; 1953 Comp., § 7-3-9.

NMSA 1978, § 19-3-10 [Jurisdiction of magistrate and of district court.]

19-3-10. [Jurisdiction of magistrate and of district court.] When the damages claimed shall not exceed one hundred dollars [($100)], judgment shall be rendered against the party as in a civil action the same as in other civil actions, but should they exceed one hundred dollars [($100)], then and in this case the party aggrieved shall apply in the district court for his justification and his rights. Laws 1865, ch. 16, § 4; C.L. 1884, § 870; C.L. 1897, § 1295; Code 1915, § 4641; C.S. 1929, § 111-114; 1941 Comp., § 8-310; 1953 Comp., § 7-3-10.

NMSA 1978, § 19-3-11 [Unlawful enclosure of public lands.]

19-3-11. [Unlawful enclosure of public lands.] It shall not be legal for any person or persons, company or corporation, to construct and maintain inclosures [enclosures] upon land considered and held as public land in this state, nor to apply the same to private use, which may result in prejudice to the citizens thereto, unless the same be made and sustained in conformity with the provisions of the United States laws relative to government lands or the laws of this state. Laws 1882, ch. 42, § 1; C.L. 1884, § 870; C.L. 1897, § 1295; Code 1915, § 4632; C.S. 1929, § 111-105; 1941 Comp., § 8-311; 1953 Comp., § 7-3-11.

NMSA 1978, § 19-3-12 [Occupying or denying others use of public land; penalty.]

19-3-12. [Occupying or denying others use of public land; penalty.] Any person who shall, contrary to the provisions of the preceding section [19-3-11 NMSA 1978], be found occupying, or trying to deprive others of the free use and pasturing upon the public land, under the pretext of a deed, upon conviction thereof before any court having jurisdiction in the matter, shall be fined in a sum of not less than ten dollars [($10.00)], and shall besides, be liable for the damages caused thereto. Laws 1882, ch. 42, § 4; C.L. 1884, § 873; C.L. 1897, § 1298; Code 1915, § 4633; C.S. 1929, § 111-106; 1941 Comp., § 8-312; 1953 Comp., § 7-3-12.

NMSA 1978, § 19-3-13 [Right to appropriate and stock range on public domain; conditions.]

19-3-13. [Right to appropriate and stock range on public domain; conditions.] Any person, company or corporation that may appropriate and stock a range upon the public domain of the United States, or otherwise, with cattle shall be deemed to be in possession thereof: provided, that such person, company or corporation shall lawfully possess or occupy, or be the lawful owner or possessor of sufficient living, permanent water upon such range for the proper maintenance of such cattle. Laws 1889, ch. 61, § 1; C.L. 1897, § 127; Code 1915, § 4628; C.S. 1929, § 111-101; 1941 Comp., § 8-313; 1953 Comp., § 7-3-13.

NMSA 1978, § 19-3-14 [Second or subsequent use of range; conditions.]

19-3-14. [Second or subsequent use of range; conditions.] Whenever any person, company or corporation turns loose on any range in this state, already occupied or in the possession of another or others by virtue of their having complied with the provisions of the preceding section [19-3-13 NMSA 1978], he or they must be the owner or owners of, or must be lawfully entitled to the possession of some other living, permanent water upon such range, sufficient for the proper maintenance of all such additional cattle so turned loose, other than that owned by or lawfully possessed, or lawfully in the possession of any other person, company or corporation that may have previously appropriated, stocked or taken possession of such range in accordance with the provisions of this and the preceding section; and such person, company or corporation so turning loose cattle upon such range must at all times, furnish, supply and maintain upon such range such other permanent living water free and unfenced and upon the surface of the ground. Laws 1889, ch. 61, § 2; C.L. 1897, § 128; Code 1915, § 4629; C.S. 1929, § 111-102; 1941 Comp., § 8-314; 1953 Comp., § 7-3-14.

NMSA 1978, § 19-3-15 [Use of public land for range without owning water right; penalty.]

19-3-15. [Use of public land for range without owning water right; penalty.] Any person, company or corporation violating the provisions of the preceding section [19-3-14 NMSA 1978] shall be guilty of a misdemeanor and punishable by imprisonment in the county jail of the county wherein the offense was committed, for a period not to exceed six months, or by a fine of not less than one hundred dollars [($100)] nor more than one thousand dollars [($1,000)], and such person, company or corporation violating such provisions as aforesaid shall further be liable to any party or parties injured for all damages which such party or parties may sustain; the same to be recoverable by a civil suit. All fines and costs so assessed and all damages which may at any time be awarded shall be and constitute a lien upon such herd of cattle. Laws 1889, ch. 61, § 3; C.L. 1897, § 129; Code 1915, § 4630; C.S. 1929, § 111-103; 1941 Comp., § 8-315; 1953 Comp., § 7-3-15.

NMSA 1978, § 19-3-16 [Each day's violation a separate offense.]

19-3-16. [Each day's violation a separate offense.] Each day's violation of the provisions of the first two sections [19-3-13, 19-3-14 NMSA 1978] of this chapter shall be and constitute a separate cause of action against any person, company or corporation violating the same. Laws 1889, ch. 61, § 4; C.L. 1897, § 130; Code 1915, § 4631; C.S. 1929, § 111-104; 1941 Comp., § 8-316; 1953 Comp., § 7-3-16.

Source: New Mexico Compilation Commission (nmonesource.com)URL: https://nmonesource.com/nmos/nmsa-unanno/en/item/18519/index.doFetched: 10/20/2026