Townsites

NMSA 1978 ch. 19, art. 4

in effect

NMSA 1978, § 19-4-1 [Patents of townsites to be recorded.]

19-4-1. [Patents of townsites to be recorded.] It shall be the duty of any person who receives a patent from the government of the United States for a townsite in the state of New Mexico, to at once file such patent for record with the county clerk of the county wherein such townsite is situated. Laws 1909, ch. 50, § 1; Code 1915, § 5513; C.S. 1929, § 144-101; 1941 Comp., § 8-501; 1953 Comp., § 7-5-1.

NMSA 1978, § 19-4-2 [Failure to record townsite patent; penalty.]

19-4-2. [Failure to record townsite patent; penalty.] Any person or persons failing to file for record the patent they have received for a townsite in the state of New Mexico, shall, upon conviction, before any court of competent jurisdiction, be imprisoned in the county jail for a period of not less than one year, and be fined in a sum of not less than five hundred dollars [($500)], together with the costs of the prosecution. Laws 1909, ch. 50, § 2; Code 1915, § 5514; C.S. 1929, § 144-102; 1941 Comp., § 8-502; 1953 Comp., § 7-5-2.

NMSA 1978, § 19-4-3 [Prosecutions for failure to record; duty of district attorneys.]

19-4-3. [Prosecutions for failure to record; duty of district attorneys.] It is hereby made the duty of the several district attorneys in the state of New Mexico to prosecute all violators of the preceding section [19-4-2 NMSA 1978]. Laws 1909, ch. 50, § 3; Code 1915, § 5515; C.S. 1929, § 144-103; 1941 Comp., § 8-503; 1953 Comp., § 7-5-3.

NMSA 1978, § 19-4-4 [Title to townsite vested in probate judge in trust; suit to determine rights; execution of deeds.]

19-4-4. [Title to townsite vested in probate judge in trust; suit to determine rights; execution of deeds.] Any land embraced in any townsite which has been entered as provided by the laws of the United States and the title of which is vested in the probate judge, in trust for the use and benefit of the several occupants of the land embraced within the said townsite, which has not been conveyed to the occupants, their heirs, executors, successors or assigns, who were entitled to the same at the time the entry of such land was made, or at the time patent was received from the United States, by reason of the failure of said probate judge to give notice of such entry, or the receiving of said patent, or by reason of such occupants, their heirs, executors, successors and assigns failing to make the statement and filing the same as required by law, then in such case any such occupant, or the heirs, executors, successors or assigns of any such occupant, may file a suit in the district court in the county wherein such land is situated, to have his or its interest in the said land, at the time of such entry, or the receiving of such patent, or the successor in title to the right of such occupant, declared and ascertained. The probate judge shall be made a party defendant and the said district court, upon a hearing, shall adjudicate and determine the interest of such occupant at the time of such entry, or the receiving of such patent, or the interest of the heirs, executors, successors and assigns of such occupant, and entering a decree declaring the interest of such occupant. Upon the entering by the said district court of the decree declaring the interest of such occupant, or his or its successors in title, the probate judge of the county shall immediately thereafter make, execute and deliver to the parties so declared to be entitled to any part of the land embraced within the said townsite, a deed for his or its respective interest. Laws 1912, ch. 12, § 1; Code 1915, § 5516; C.S. 1929, § 144-104; 1941 Comp., § 8-504; 1953 Comp., § 7-5-4.

NMSA 1978, § 19-4-5 [Notice of suit; intervention.]

19-4-5. [Notice of suit; intervention.] Such suit may be brought by any one or more of such occupants, or their heirs, executors, successors or assigns. Notice of such suit shall be by publication in the same manner that notice of the pendency of other civil suits by publication is made. Any party interested in the land embraced within the said townsite shall have the right to enter his appearance in said suit and to have his interest in the said land embraced in the said townsite adjudicated and determined. Laws 1912, ch. 12, § 2; Code 1915, § 5517; C.S. 1929, § 144-105; 1941 Comp., § 8-505; 1953 Comp., § 7-5-5.

NMSA 1978, § 19-4-6 [Vacating all or part of townsite.]

19-4-6. [Vacating all or part of townsite.] When any tract of land may be filed upon, platted and recorded as a townsite in accordance with the provisions of an act of congress or law of New Mexico, and no town or organization under the laws of New Mexico shall have been perfected by the inhabitants residing thereon, or the owners thereof, the same may be vacated by consent of all such inhabitants or owners and disposed of as the said inhabitants or owners shall agree: provided, that a statement, signed and certified to by a majority of said inhabitants or owners, setting forth the fact of the vacation of such townsite, be filed with the clerk of the county in which the same shall be situated. When any tract of land has been recorded as a townsite, or has been annexed as an addition to a townsite, any part or portion thereof may be vacated upon the written consent of all the owners of that part or portion which it is proposed to vacate: provided, that no expenditures of money have been theretofore made or incurred by said town for the improvement or benefit of said part or portion, and that the same is bounded in same [whole] or in part by exterior town lines, and that when so vacated a statement, subscribed by such owners, setting forth the facts of such vacation, together with an accurate description, map and plat of such part vacated shall be filed in the office of the county clerk of the county in which such town is situated. Laws 1884, ch. 39, § 98; C.L. 1884, § 1706; C.L. 1897, § 3977; Code 1915, § 5518; C.S. 1929, § 144-106; 1941 Comp., § 8-506; 1953 Comp., § 7-5-6.

NMSA 1978, § 19-4-7 [Disposal of lots after entry.]

19-4-7. [Disposal of lots after entry.] When the corporate authorities of any town, or the probate judge of the county for any county in this state, in which any town may be situated, shall have entered, at the proper land office, the land, or any part of the land, settled and occupied as the site of such town, pursuant to and by virtue of the provisions of the act of congress entitled, "An act for the relief of citizens of towns upon lands of the United States under certain circumstances," passed May 23, 1844, and any amendments that may be made thereto, it shall be the duty of the corporate authorities or probate judge, as the case may be, and they are hereby directed and required to dispose of and convey the title to such land, or to the several blocks, lots, parcels or shares thereof, to the persons hereinafter in this chapter described, and in the manner hereinafter specified, and apply the proceeds of the sale thereof under the following regulations. Laws 1882, ch. 70, § 1; C.L. 1884, § 2775; C.L. 1897, § 3978; Code 1915, § 5519; C.S. 1929, § 144-107; 1941 Comp., § 8-507; 1953 Comp., § 7-5-7.

NMSA 1978, § 19-4-8 [Conveyances to persons entitled to possession or occupancy.]

19-4-8. [Conveyances to persons entitled to possession or occupancy.] Such corporate authorities or probate judge, holding the title of such lands in trust, as declared in the said act of congress, his or their successors shall, by a good and sufficient deed of conveyance, grant and convey the title to each and every block, lot, share or parcel of the same to the person or persons who shall have possession, or be entitled to the possession or occupancy thereof, according to his, her or their several and respective rights or interest in the same, as they existed in law or equity at the time of the entry of such lands, or to his, her or their heirs and assigns. Every such deed to be made by such corporate authorities, or by such probate judge, shall be so executed and acknowledged as to admit the same to be recorded. Laws 1882, ch. 70, § 2; C.L. 1884, § 2776; C.L. 1897, § 3979; Code 1915, § 5520; C.S. 1929, § 144-108; 1941 Comp., § 8-508; 1953 Comp., § 7-5-8.

NMSA 1978, § 19-4-9 [Notice of entry; posting and publication.]

19-4-9. [Notice of entry; posting and publication.] Within thirty days after the entry of such lands, the corporate authorities or probate judge entering the same, shall give public notice of such entry, by posting notice thereof in at least three public places within such town and by publishing such notice in a newspaper published in the county in which such town shall be situated. In case there shall not be any newspaper published in such county, then in some newspaper published nearest to such town in this state. Such notice shall be published once in each week for at least three successive weeks, and shall contain an accurate description of the lands so entered, as the same is stated in the certificate of entry, or duplicate receipt for the purchase money thereof, given by the land officers at the time of such entry. In case of entry of such lands by corporate authorities, the mayor or president shall give such notice in behalf of the town, in his official capacity. Laws 1882, ch. 70, § 3; C.L. 1884, § 2777; C.L. 1897, § 3980; Code 1915, § 5521; C.S. 1929, § 144-109; 1941 Comp., § 8-509; 1953 Comp., § 7-5-9.

NMSA 1978, § 19-4-10 [Claim for lots; time limit; unclaimed lots revert to town.]

19-4-10. [Claim for lots; time limit; unclaimed lots revert to town.] Each and every person or association or company of persons claiming to be an occupant or occupants, or to have possession, or to be entitled to the occupancy or possession of such lands, or to any lot, block, share or parcel thereof, shall, within sixty days after the first publication of such notice, in person, or by his, her or their, duly authorized agent or attorney, sign a statement in writing, containing an accurate description of the particular parcel or parts of lands, in which he, she or they, claim to have an interest, and the specific right, interest or estate therein which he, she or they, claim to be entitled to, [and shall] receive and deliver the same to, or into, the office of such corporate authorities, or probate judge, and all persons failing to sign and deliver such statement within the time specified in this section shall be forever barred the right of claiming or recovering such lands, or any interest or estate therein, or any part, parcel or share thereof, in any court of law or equity. In case any lots in such town remain unclaimed and unconveyed at the end of said sixty days, all such lots shall revert to and become the property of such town. Laws 1882, ch. 70, § 4; C.L. 1884, § 2778; C.L. 1897, § 3981; Code 1915, § 5522; C.S. 1929, § 144-110; 1941 Comp., § 8-510; 1953 Comp., § 7-5-10.

NMSA 1978, § 19-4-11 [Notice of meeting to elect trustees; qualifications; duties.]

19-4-11. [Notice of meeting to elect trustees; qualifications; duties.] Within ten days after the time, as prescribed in the preceding section [19-4-10 NMSA 1978], the corporate authorities, or, if there be no corporate authorities, the probate judge holding the land in trust, shall give ten days' notice of the time and place wherein a public meeting of the inhabitants of such town will be held, at which public meeting a board of five trustees shall be elected by a majority of the votes of the legally qualified voters residing within said town, present at said meeting. Said board of five trustees shall consist of legally qualified voters, being owners of real estate in said town: provided, further, that after said election has been duly certified to by the chairman and secretary of the public meeting so held, they are, and are hereby authorized to dispose of all said lots, blocks or parcels, of said land, as described in the preceding section, as may seem best for the use of the school funds of said inhabitants of such town, as hereinafter provided in this chapter. Laws 1882, ch. 70, § 5; C.L. 1884, § 2779; C.L. 1897, § 3982; Code 1915, § 5523; C.S. 1929, § 144-111; 1941 Comp., § 8-511; 1953 Comp., § 7-5-11.

NMSA 1978, § 19-4-12 [Term of office of trustees.]

19-4-12. [Term of office of trustees.] The board of trustees, when elected, shall hold the office for the period of one year, and until their successors shall be duly elected and qualified under the laws of this state. Laws 1882, ch. 70, § 6; C.L. 1884, § 2780; C.L. 1897, § 3983; Code 1915, § 5524; C.S. 1929, § 144-112; 1941 Comp., § 8-512; 1953 Comp., § 7-5-12.

NMSA 1978, § 19-4-13 [Board of appraisers; appointment; oath; refusal to act; new board.]

19-4-13. [Board of appraisers; appointment; oath; refusal to act; new board.] The board of trustees of any such town shall appoint, by order, resolution or ordinance, a board of appraisers, to consist of three freeholders of any such town, who shall have no interest in such unclaimed or unconveyed lots, or parcels of land, or the improvements thereon. Each of said appraisers shall take an oath to faithfully discharge his duties as such appraiser, and shall file such oath in the office of the clerk of said board before commencing his duties as such appraiser. In case such appraisers should fail or neglect to make the appraisement hereinafter specified in this chapter [19-4-14 NMSA 1978], and file the same with the clerk of said board, for a period of more than ten days after their appointment, then said board may appoint a new board of appraisers for the purposes herein provided. It shall be the duty of such board to appoint such appraisers within thirty days after the time has expired for persons to present claims for lots in such towns. Laws 1882, ch. 70, § 7; C.L. 1884, § 2781; C.L. 1897, § 3984; Code 1915, § 5525; C.S. 1929, § 144-113; 1941 Comp., § 8-513; 1953 Comp., § 7-5-13.

NMSA 1978, § 19-4-14 [Appraisement; contents; valuations.]

19-4-14. [Appraisement; contents; valuations.] Said appraisers shall appraise all lots or parcels of land, unclaimed or not, conveyed by virtue of any law, in such town, at their just and full cash value, and file their written appraisement, as aforesaid. Said appraisement shall contain a description of each lot or parcel of land so appraised, and a statement of the cash value of each lot and parcel of land so appraised. Said appraisers shall make a separate statement of the value of such lots and parcels of land without improvements, and the aggregate value of both; there shall be attached to such appraisement a written affidavit of said appraisers, verifying each statement of such appraisement, and alleging that each of said lots and parcels of land is appraised at its just and full value. The appraisement shall be required only in cases where the time has expired by prior laws for claimants to file their statements. Laws 1882, ch. 70, § 8; C.L. 1884, § 2782; C.L. 1897, § 3985; Code 1915, § 5526; C.S. 1929, § 144-114; 1941 Comp., § 8-514; 1953 Comp., § 7-5-14.

NMSA 1978, § 19-4-15 [Notice of sale; publication; contents.]

19-4-15. [Notice of sale; publication; contents.] The mayor, or president, or probate judge, as the case may be, shall, upon the filing of such appraisement, give notice, signed in his official capacity, of the time and place of sale of said lots and parcels of land, by advertisement, published once a week for three successive weeks in some newspaper published in the county where such town is situated, or if no newspaper is published in said county, then in the paper published nearest such town. Such sale shall be advertised to be made at some public place in said town, and to be sold at some specified time between the hours of sunrise and sunset. Laws 1882, ch. 70, § 9; C.L. 1884, § 2783; C.L. 1897, § 3986; Code 1915, § 5527; C.S. 1929, § 144-115; 1941 Comp., § 8-515; 1953 Comp., § 7-5-15.

NMSA 1978, § 19-4-16 [Conduct of sales.]

19-4-16. [Conduct of sales.] Such lots or parcels of land shall be sold at public vendue to the highest bidder for cash and shall be offered for sale singly unless a greater price can be obtained by selling several lots or parcels of land together, in which case several lots or parcels of land can be sold together, after an attempt has been first made to sell them singly. Such sale may be continued if necessary, from day to day for a period not to exceed three days at any one sale. In case all said lands are not sold at first sale, the remaining lands shall be advertised as many times as may be necessary to sell said lands, and all sales subsequent to the first sale shall be advertised and conducted the same as the first sale. No lot or parcel of land shall be sold at less than its appraised value. A new appraisement may be had of all lands remaining unsold: provided, that such new appraisement shall not be made oftener than three months. Such new appraisement shall be made by a new board of appraisers, or the old board of appraisers, to be appointed in the manner of the first board of appraisers. Laws 1882, ch. 70, § 10; C.L. 1884, § 2784; C.L. 1897, § 3987; Code 1915, § 5528; C.S. 1929, § 144-116; 1941 Comp., § 8-516; 1953 Comp., § 7-5-16.

NMSA 1978, § 19-4-17 [Conveyance of streets, parks and commons by probate judge.]

19-4-17. [Conveyance of streets, parks and commons by probate judge.] If the title to any such land shall be vested in any probate judge, such probate judge shall convey to any such town, the land used or laid out by the town authorities, or otherwise, as streets, lanes, avenues, parks, commons and public grounds, within such time as provided in this chapter, for making conveyances to individuals, and in the same manner, and the mayor, president or probate judge, may make such statements in behalf of the town, showing the right of such town to such lands. Laws 1882, ch. 70, § 11; C.L. 1884, § 2785; C.L. 1897, § 3988; Code 1915, § 5529; C.S. 1929, § 144-117; 1941 Comp., § 8-517; 1953 Comp., § 7-5-17.

NMSA 1978, § 19-4-18 [Purchase at private sale by person in possession.]

19-4-18. [Purchase at private sale by person in possession.] In all cases, when subsequent to the time provided by law for persons to claim lots on such townsites, and prior to the taking effect of this law, any person may have entered thereon and improved any lots belonging to such town, such person, after the report of such board of appraisers, and prior to the public sale, may purchase any such lots from the said trustees or commissioners at private sale, for cash, at the appraised value of such lots, exclusive of improvements, unless there shall be adverse claimants to any such lots, in which case the respective rights of such claimants shall be determined, as hereinafter provided in this chapter. Laws 1882, ch. 70, § 12; C.L. 1884, § 2786; C.L. 1897, § 3989; Code 1915, § 5530; C.S. 1929, § 144-118; 1941 Comp., § 8-518; 1953 Comp., § 7-5-18.

NMSA 1978, § 19-4-19 [Reservation for park or public purpose.]

19-4-19. [Reservation for park or public purpose.] The corporate authorities of any town or board of trustees, may set apart and reserve any of said lots or blocks, not to exceed four blocks in all, nor situated in more than eight different blocks in any one town, for the public use of said town, for a town park, or other purposes, for the benefit of the public, in lieu of offering them for sale, and shall execute to such town a deed for said lots so reserved. Laws 1882, ch. 70, § 13; C.L. 1884, § 2787; C.L. 1897, § 3990; Code 1915, § 5531; C.S. 1929, § 144-119; 1941 Comp., § 8-519; 1953 Comp., § 7-5-19.

NMSA 1978, § 19-4-20 Disposition of proceeds

19-4-20. Disposition of proceeds The proceeds received from the sale shall be disposed of as follows: A. first, to pay the expenses of the sale; B. second, to discharge any outstanding claims incurred in entering the townsite of the town; and C. third, the surplus, if any, shall be retained by the town trustees to be used for making improvements within the townsite for public purposes. Laws 1882, ch. 70, § 14; C.L. 1884, § 2788; Laws 1891, ch. 29, § 1; C.L. 1897, § 3991; Code 1915, § 5532; C.S. 1929, § 144-120; 1941 Comp., § 8-520; 1953 Comp., § 7-5-20; Laws 1967, ch. 279, § 1.

NMSA 1978, § 19-4-21 [Adverse claims; litigation.]

19-4-21. [Adverse claims; litigation.] In case there shall be adverse claimants to such lands, or to any part, parcel or share thereof, either party may bring a suit against the adverse claimant or claimants, in the district court of the judicial district, or in any court of competent jurisdiction in the county in which the lands shall be situated, or in any county to which the county in which such lands shall be situated is attached for judicial purposes: provided, always, that no judge of the district court, or county judge, who has been an adverse claimant, directly or indirectly, of any portion of the lands embraced within such towns, or who is a party to any action brought to determine a right to a conveyance of any portion of the lands within such town, shall entertain, hear or determine any such claims, by or between any parties whomsoever; but in all such cases, if the cause shall be pending in a district court, the judge thereof shall order all papers, with a transcript of the record in the cause, to be transmitted to another judicial district, as in cases of changes of venue, and if the cause shall be pending in a county court, the judge thereof shall order all papers, with a transcript of the record, to be transmitted to the district court of said county, and the cause shall proceed in the courts to which the same is removed as if originally instituted in that court: provided, also, that the laws applicable to a change of venue, shall apply to such actions: and provided, also, that nothing in this chapter shall prevent the district or probate judge of the district or county in which such lands are situated from executing any and all conveyances of such lands, pursuant to the determination of such action. Suits shall be brought against adverse claimants or defendants, and it shall not be necessary to make the judge, or corporate authorities, parties thereto. The complaint must show what interest or estate in the lands in controversy the plaintiff claims. The answer, pleadings and other proceedings shall be as in cases in chancery, except that oral testimony may be introduced upon the trial, and the evidence, if not in the form of depositions, shall be reduced to writing, certified by the judge and filed with the papers in the cause. Laws 1882, ch. 70, § 15; C.L. 1884, § 2789; C.L. 1897, § 3993; Code 1915, § 5534; C.S. 1929, § 144-122; 1941 Comp., § 8-522; 1953 Comp., § 7-5-22.

NMSA 1978, § 19-4-22 [Paramount right to lands.]

19-4-22. [Paramount right to lands.] Upon the trial of any such action, either party may give in evidence the statement mentioned in Section 19-4-10 NMSA 1978, deposited by the other, or by the person under whom he, or she, claims, with the corporate authorities or probate judge. And the person, or persons, who shall have first acquired the right to the possession, or occupancy, of such lands, either in person, or by agent, servant or tenant, or those claiming under him, her or them, shall be deemed to have the prior and paramount right to such lands: provided, that nothing in this section shall be so construed to recognize the right of any person or persons who have virtually abandoned any land held as a townsite, to any title therein. Laws 1882, ch. 70, § 16; C.L. 1884, § 2790; C.L. 1897, § 3994; Code 1915, § 5535; C.S. 1929, § 144-123; 1941 Comp., § 8-523; 1953 Comp., § 7-5-23.

NMSA 1978, § 19-4-23 [Notice to file suit; service; publication; relinquishment on failure to obey.]

19-4-23. [Notice to file suit; service; publication; relinquishment on failure to obey.] In case suits shall not be brought for the purpose of settling or determining any controversy to any such lands by either of the adverse claimants, within sixty days after the expiration of the time for filing the statement, as provided in Section 19-4-10 NMSA 1978, it shall be the duty of the probate judge or corporate authorities to give notice to the adverse claimant filing his claim, or, if there be more than one adverse claim filed, then to the last adverse claimant, directing him to commence his action against the other claimants, as defendants, to determine their respective rights to said lands, within twenty days from service of notice on him, and in case such adverse claimant neglect or refuse to commence the action within the time specified, he shall be deemed to have relinquished all right, title, interest and estate in the lands so in controversy, and be forever barred from asserting or claiming any right, title, interest or estate, therein. Such notice shall be served by the proper officer of said courts, in the same manner as now provided for service of summons in any county in this state. If the officer return such notice, not found, notice shall be made by publication for three weeks in some newspaper published in the county where the lands are situated, and if no paper be published in said county, then by posting such notice in three public places in the town where such lands are situated. And in addition thereto a copy of said notice shall be mailed to such adverse claimant at his residence or usual place of abode. And in case there be more than one adverse claimant, and the last neglect or refuse to commence his action after service of notice, as aforesaid, said probate judge or corporate authorities shall serve like notice on the next last adverse claimants, until all have been notified, as aforesaid. Laws 1882, ch. 70, § 17; C.L. 1884, § 2791; C.L. 1897, § 3995; Code 1915, § 5536; C.S. 1929, § 144-124; 1941 Comp., § 8-524; 1953 Comp., § 7-5-24.

NMSA 1978, § 19-4-24 [Service of process; publication.]

19-4-24. [Service of process; publication.] Whenever complaint shall be filed in any such action, summons shall be issued against the proper parties, and served upon the person or persons named therein, as in other cases provided by law, or upon the agent or attorney of such person or persons who shall have filed their statements as required by Section 19-4-10 NMSA 1978. And in case service cannot be had upon the defendants, their agents or attorney, the complainant shall file an affidavit in the office of the clerk of the court in which the action in [is] pending, to the effect and as now provided by law. It shall be lawful for the clerk of said court to cause publication to be made as provided by law, and when such publication shall have been made, the cause shall proceed, as if the parties had been personally served with summons. Laws 1882, ch. 70, § 18; C.L. 1884, § 2792; C.L. 1897, § 3996; Code 1915, § 5537; C.S. 1929, § 144-125; 1941 Comp., § 8-525; 1953 Comp., § 7-5-25.

NMSA 1978, § 19-4-25 [Appeals.]

19-4-25. [Appeals.] Appeals and writs of error shall be allowed and may be taken and prosecuted from the judgments or decrees, or any order of the courts in proceedings under this chapter, to the supreme court, as in other cases. Laws 1882, ch. 70, § 19; C.L. 1884, § 2793; C.L. 1897, § 3997; Code 1915, § 5538; C.S. 1929, § 144-126; 1941 Comp., § 8-526; 1953 Comp., § 7-5-26.

NMSA 1978, § 19-4-26 [Reports of expenses.]

19-4-26. [Reports of expenses.] Within ninety days from the first publication of the notice mentioned in Section 19-4-9 NMSA 1978, the corporate authorities or probate judge holding the title to the lands described in such notice, shall make a true, full and complete statement in writing, containing a true account of all moneys paid by him or them, expended in the acquisition of the title and execution of the trust to that time, including all moneys paid by him or them for the purchase of said lands, necessary traveling expenses, moneys paid for all other necessary and proper expenses incident to such trust and a true account of his or their reasonable charges for time and services employed in the business of such trust to that time, and all moneys by him or them expended, and reasonable charges for compensation, as aforesaid, which shall be and remain a first charge upon said lands in favor of the trustee, and paid by the several claimants entitled to such lands, in proportion to the several quantities thereof to which they may be respectively entitled. Laws 1882, ch. 70, § 20; C.L. 1884, § 2794; C.L. 1897, § 3998; Code 1915, § 5539; C.S. 1929, § 144-127; 1941 Comp., § 8-527; 1953 Comp., § 7-5-27.

NMSA 1978, § 19-4-27 [Conveyances; payment of costs.]

19-4-27. [Conveyances; payment of costs.] Before said corporate authorities, through commissioners hereinafter provided in this chapter, or probate judge, shall be required to execute and deliver any deed of conveyance to any person or persons claiming to be entitled to said lands and deed, such person or persons shall pay to him or them, through said commissioners, the sum of money chargeable on the portion to be conveyed according to the statement or account mentioned in Section 19-4-26 NMSA 1978; and in case when the trust is held by corporate authorities, such additional sum as said corporate authorities may charge for the same, not exceeding five dollars [($5.00)] for each five thousand square feet of such lands, and the further sum of one dollar [($1.00)] for the execution and acknowledging of the deed, together with the sum of twenty-five cents [($.25)] for attestation, with the seal of the town, by the town clerk. When the land is entered by a probate judge of the county court, deeds shall be signed by such probate judge, or his successor in office, under his private seal or scroll, and such probate judge of the county court shall receive the sum of one dollar [($1.00)] for each and every lot, piece or parcel thereof so conveyed in addition to the several sums as prescribed in Section 19-4-26 NMSA 1978, to be paid by the person or persons claiming to be entitled to such deed or conveyance. Laws 1882, ch. 70, § 21; 1884, ch. 42, § 1; C.L. 1884, § 2795; C.L. 1897, § 3999; Code 1915, § 5540; C.S. 1929, § 144-128; 1941 Comp., § 8-528; 1953 Comp., § 7-5-28.

NMSA 1978, § 19-4-28 [Commissioner; appointment; qualifications; powers; office hours; bond.]

19-4-28. [Commissioner; appointment; qualifications; powers; office hours; bond.] Said board may, by order, resolution or ordinance, appoint a commission [commissioner] to sell and convey any such real estate, and to affix to any conveyance thereof the seal of such town, and have control of such seal for such purpose, and such conveyance, executed in accordance with such order, shall have the effect to transfer, to the grantee named a title in fee simple to any such real estate so conveyed. Said commissioner may be removed at the will of the board, as often as it may seem fit, by an order entered to that effect, and a new commissioner appointed with like powers. Said commissioner shall be a freeholder in such town, and not a member of the board, and have no personal interest in the land so to be sold. Said commissioner shall, during his term of office, keep open an office in some public and well-known place in such town, from ten o'clock a.m. until noon of each day, Sundays and holidays excepted, for the purpose of receiving payments from and executing deeds to persons who are entitled to deeds by reason of purchase, and who have made improvements upon such land, as hereinafter stated in this chapter. No claimant shall be allowed to suffer on account of the misconduct of such commissioner in the discharge of his duties. Such commissioner shall receive such reasonable fees for his services as said board may prescribe. Before entering upon his duties, such commissioner shall enter into a bond, with good and sufficient securities, to be approved by the board, executed in behalf of the town, with obligations to faithfully account to the board for all money received, and to pay the same over to the town treasury. Laws 1882, ch. 70, § 22; C.L. 1884, § 2796; C.L. 1897, § 4000; Code 1915, § 5541; C.S. 1929, § 144-129; 1941 Comp., § 8-529; 1953 Comp., § 7-5-29.

NMSA 1978, § 19-4-29 [Recording of order appointing commissioner.]

19-4-29. [Recording of order appointing commissioner.] The clerk or recorder of any such town shall at once make a copy of any such order, resolution or ordinance appointing any such commissioner, certified by such clerk or recorder, under the seal of the town, and deliver the same without delay to the county clerk of any county in which such town shall be situated. Such county clerk shall file and record such copy and the certificate thereof of such order, resolution or ordinance, and shall receive fees therefor at the same rate as for deeds. The record of such copy and certificate shall have the same effect in evidence as is provided for the record of powers of attorneys. Laws 1882, ch. 70, § 24; C.L. 1884, § 2798; C.L. 1897, § 4002; Code 1915, § 5542; C.S. 1929, § 144-130; 1941 Comp., § 8-530; 1953 Comp., § 7-5-30.

NMSA 1978, § 19-4-30 [Conveyance by probate judge; land for town benefit.]

19-4-30. [Conveyance by probate judge; land for town benefit.] When the land is entered by the probate judge of the county, deeds shall be signed by such judge or his successor in office, under his private seal or scroll. Such judge shall make such conveyance by deed to such town, at private sale, upon the payment by said town of the cost of the proceedings and sale to such land as is used for the benefit of such town only. Laws 1882, ch. 70, § 23; C.L. 1884, § 2797; C.L. 1897, § 4001; Code 1915, § 5543; C.S. 1929, § 144-131; 1941 Comp., § 8-531; 1953 Comp., § 7-5-31.

NMSA 1978, § 19-4-31 [Conveyances; time for execution.]

19-4-31. [Conveyances; time for execution.] At any time after the expiration of ninety days from the time of first publication of the notice mentioned in Section 19-4-9 NMSA 1978, the corporate authorities or probate judge shall, upon demand or request and payment as required by Section 19-4-26 NMSA 1978, execute and deliver to each and every claimant, or association, or company of claimants to such lands or any parcel thereof, a deed of conveyance therefor, according to the statement made and deposited by him or them, pursuant to Section 19-4-10 NMSA 1978: provided, however, that no such deed of conveyance shall be executed or delivered for any part, portion or share of such lands, to which there shall be adverse contesting claimants, until the controversy thereon has been settled and determined in the manner described in this chapter. Laws 1882, ch. 70, § 25; C.L. 1884, § 2799; C.L. 1897, § 4003; Code 1915, § 5544; C.S. 1929, § 144-132; 1941 Comp., § 8-532; 1953 Comp., § 7-5-32.

NMSA 1978, § 19-4-32 [Probate judge; claim for lands in individual right.]

19-4-32. [Probate judge; claim for lands in individual right.] In case any judge who shall have entered such land and thus have become the sole trustee thereof, shall be possessed or entitled to any part or portion of such lands in his individual right, and his claim or right shall not be claimed adversely to him, he shall be deemed to be seized and possessed of the title thereto and the estate therein to his own use, in fee simple absolute, free and discharged of such trust; and no conveyance, other than the receipt of the officers of the United States land office or patent to the lands including the same, shall be necessary to perfect his title thereto. But in case individual right shall be claimed by any person adversely to him, the conflicting claims between them shall be settled and determined by an action, as provided in this chapter and tried before some judge who shall be disinterested and possessed of complete jurisdiction for the trial therefor. Laws 1882, ch. 70, § 26; C.L. 1884, § 2800; C.L. 1897, § 4004; Code 1915, § 5545; C.S. 1929, § 144-133; 1941 Comp., § 8-533; 1953 Comp., § 7-5-33.

NMSA 1978, § 19-4-33 [Streets, alleys, parks and public grounds.]

19-4-33. [Streets, alleys, parks and public grounds.] Whenever the title to any such lands shall be vested in any probate judge, he shall convey to the proper or legal authorities so much of the land as is or shall be laid out by the town authorities into streets, lanes, avenues, parks, public grounds and commons, within the time prescribed in this chapter for making conveyance to individuals. But when the title to such lands shall be held by the corporate authorities of any town, all land used, laid out or designated for public use by such corporate authorities, as streets, lanes, avenues, alleys, parks, commons and public grounds, shall vest in and be held by the corporation absolutely, and shall not be claimed adversely by any person or persons whosoever [whomsoever], and it shall not be necessary to execute any conveyance for the same to the corporation or people of such town. Laws 1882, ch. 70, § 27; C.L. 1884, § 2801; C.L. 1897, § 4005; Code 1915, § 5546; C.S. 1929, § 144-134; 1941 Comp., § 8-534; 1953 Comp., § 7-5-34.

NMSA 1978, § 19-4-34 [Claimant failing to pay costs and fees.]

19-4-34. [Claimant failing to pay costs and fees.] Each and every person, association and company of persons, who shall be entitled to any lots, pieces or parcels of land so held in trust by the authorities of any incorporated town, and respecting which there shall be no controversy, shall, within three months after the expiration of the time for filing statements, as provided in Section 19-4-10 NMSA 1978, pay to such corporate authorities the sum of money chargeable upon such piece or parcel of land, and the fees for executing a deed therefor. And in case of failure so to do, such person or persons shall be deemed to have relinquished all right, title, interest or estate thereto, and such corporate authorities shall thereafter be, and deemed to be, seized of the title thereto in fee simple, absolute, free and discharged of such trust, and no conveyance, other than the receipt of the United States land office or patent of the lands including the same shall be necessary to perfect their title thereto, and also all persons, company or association of persons, who, by the determination and judgment of the court, shall be adjudged to have the rightful title to such lands, shall within three months of such adjudication and judgment, pay to such corporate authorities the sum of money chargeable to such lands, together with the fees for executing a deed to the same; and in case of failure so to do, such person, company or association, shall be deemed to have relinquished all right, title, interest or estate, in said lands, and such corporate authorities shall be, and deemed to be, seized and possessed of the title thereto to their own use in fee simple, absolute and no further conveyance shall be necessary to perfect their absolute title thereto. Laws 1882, ch. 70, § 28; C.L. 1884, § 2803; C.L. 1897, § 4006; Code 1915, § 5547; C.S. 1929, § 144-135; 1941 Comp., § 8-535; 1953 Comp., § 7-5-35.

NMSA 1978, § 19-4-35 [Trustees; organization; officers; quorum.]

19-4-35. [Trustees; organization; officers; quorum.] It shall be the duty of the board of trustees, who are elected as provided for in Section 19-4-11 NMSA 1978, on receipt of notice of their election, duly signed and certified to by the chairman and secretary of the meeting of the legal voters of such town, to at once organize, by the election of a president and secretary who shall be members of said board of trustees, and who shall attest by their signatures all acts and orders of said board: provided, that before organizing, such members shall qualify in the same manner as justices of the peace [magistrates] under the laws of this state, and a majority of said board shall constitute a quorum for the transaction of business. Laws 1882, ch. 70, § 29; C.L. 1884, § 2803; C.L. 1897, § 4007; Code 1915, § 5548; C.S. 1929, § 144-136; 1941 Comp., § 8-536; 1953 Comp., § 7-5-36.

NMSA 1978, § 19-4-36 [Probate judges declared county judges for purpose of trust.]

19-4-36. [Probate judges declared county judges for purpose of trust.] The probate judges of the several counties in this state and their successors in office, are hereby declared to be county judges, for the purpose of executing the trust mentioned in the aforesaid act of congress. Laws 1882, ch. 70, § 30; C.L. 1884, § 2804; C.L. 1897, § 4008; Code 1915, § 5549; C.S. 1929, § 144-137; 1941 Comp., § 8-537; 1953 Comp., § 7-5-37.

NMSA 1978, § 19-4-37 [Taxation of costs.]

19-4-37. [Taxation of costs.] All costs of proceedings in actions under this chapter, including fees for services of all writs and notices and clerk's fees, shall be as provided by law for service of writs in other actions, and shall be taxed and collected as now provided by law in other cases. Laws 1882, ch. 70, § 31; C.L. 1884, § 2805; C.L. 1897, § 4009; Code 1915, § 5550; C.S. 1929, § 144-138; 1941 Comp., § 8-538; 1953 Comp., § 7-5-38.

NMSA 1978, § 19-4-38 [Unsold lots; petition; appraisers.]

19-4-38. [Unsold lots; petition; appraisers.] Whenever it shall be made to appear to the judge of the district court of the county wherein the lands embraced within the limits of any townsite are situate, the title to which was and is vested in the probate judge of such county, by a verified petition that any lots, blocks, parts or parcels thereof have not been sold, disposed of and conveyed in the manner prescribed by law, that such lots, blocks, parts or parcels or any of them can be sold, that no board of trustees of such townsite was ever elected in the manner prescribed by law, or, if at any time a board was elected, that such board of trustees was not elected or actually acted as such board for more than two years next preceding the date of the verification of the petition, and that the petitioner or petitioners will deposit in court such sum of money as the court may order to cover all costs of procedure hereinafter mentioned in this chapter in case the lands are not sold, then the judge of such district court shall appoint, by order and decree, a board of appraisers to consist of three residents of the county wherein such townsite is situated, who shall have no interest in such unsold, undisposed of and unconveyed lots, blocks, parts and parcels of land. Each of said appraisers shall take an oath to faithfully discharge his duties as such appraiser and shall file such oath in the office of the clerk of said district court before commencing his duties as such appraiser within ten days after his appointment. In case such appraisers or any of them should fail or neglect to file his or their oath or oaths with the said clerk within the time above limited, then the judge of such district court shall appoint another or other appraisers in place of the appraiser or appraisers so failing to file his or their oath or oaths. Laws 1907, ch. 43, § 1; Code 1915, § 5551; C.S. 1929, § 144-139; 1941 Comp., § 8-539; 1953 Comp., § 7-5-39.

NMSA 1978, § 19-4-39 [Appraisement; report; compensation.]

19-4-39. [Appraisement; report; compensation.] Such appraisers shall within twenty days from the time of filing their oaths appraise all lots, blocks, parts or parcels of land mentioned and described in the petition, order and decree of said court at their just and full cash value and when their appraisement has been completed, forthwith file in the office of the clerk of such district court a report of their actions and doings and appraisements verified by their respective oaths. In case of the members of said board not agreeing in their appraisement, the valuation and appraisement of the majority of said members of the board shall control and fix the valuation and appraisement of the respective lots, blocks, parts and parcels of land appraised. Each of such appraisers shall receive three dollars [($3.00)] a day for his services, but in no case shall more than five days be charged for making such valuation and appraisement. Laws 1907, ch. 43, § 2; Code 1915, § 5552; C.S. 1929, § 144-140; 1941 Comp., § 8-540; 1953 Comp., § 7-5-40.

NMSA 1978, § 19-4-40 [Preference right of possessor to purchase.]

19-4-40. [Preference right of possessor to purchase.] In all cases where such unsold, undisposed of and unconveyed lots, blocks, parts or parcels of land are in the possession of any person, persons, company, companies, corporation or corporations, such person, persons, company, companies, corporation or corporations shall have the right to purchase the lands at private sale for the appraised value thereof and the probate judge must make and execute to such person, persons, company, companies, corporation or corporations, a proper deed therefor upon the payment to him of the purchase price. Laws 1907, ch. 43, § 3; Code 1915, § 5553; C.S. 1929, § 144-141; 1941 Comp., § 8-541; 1953 Comp., § 7-5-41.

NMSA 1978, § 19-4-41 [Commissioner; sale; notice by publication; deeds; fees.]

19-4-41. [Commissioner; sale; notice by publication; deeds; fees.] The judge of said district court in all cases other than those mentioned in the preceding section [19-4-40 NMSA 1978] shall appoint a commissioner who shall be a resident of the county in which such townsite is situate to make sale of the lots, blocks, parts or parcels of such townsite not covered by the provisions of the preceding section, either at public or private sale. In case of public sale such commissioner shall give notice thereof by publication for four consecutive weeks in a newspaper published at the county seat of the county where such townsite is situate, and by posting three notices at public places within the limits of such townsite. In no case shall any of the lots, blocks, parts or parcels of land be sold for less than their appraised value. Whenever the lands for sale in the hands of the commissioner can be disposed of for more than or at their appraised value the same shall be sold by him within ninety days from the day of his appointment. Upon the payment to such commissioner of the purchase price of any lot or lots, block or blocks, parts or parcels of land such commissioner shall give a receipt to the purchaser or purchasers for the purchase price, containing a description of the lands sold to such purchaser or purchasers; and upon the presentation of such receipt to the probate judge of the county where the land so sold is situate and in whom the title thereto is vested, such probate judge shall forthwith make, deliver and execute a sufficient deed to the purchaser or purchasers for the lands described in such receipt. Such commissioner shall receive for his fees and in full payment for his services five per centum of the purchase price on all lands sold by him. The probate judge shall receive for executing a deed under the provisions of this chapter the sum of two and fifty one-hundredths dollars ($2.50). The receipt of the commissioner shall be filed in the office of the county clerk and recorded, for which filing and record the county clerk shall charge the sum of one dollar ($1.00). The judge of the probate court shall receive five per centum on all moneys received by him under the provisions of Section 19-4-40 NMSA 1978. Such commissioner shall give a bond for the faithful performance of his duties in such sum as the district court may designate. Laws 1907, ch. 43, § 4; Code 1915, § 5554; C.S. 1929, § 144-142; 1941 Comp., § 8-542; 1953 Comp., § 7-5-42.

NMSA 1978, § 19-4-42 [Disposition of proceeds.]

19-4-42. [Disposition of proceeds.] All expenses of sale shall first be deducted from the proceeds and the surplus, if any, shall be paid over by the said probate judge and the commissioner to the county treasurer for the benefit and to the use of the school district where such townsite is situated. Laws 1907, ch. 43, § 5; Code 1915, § 5555; C.S. 1929, § 144-143; 1941 Comp., § 8-543; 1953 Comp., § 7-5-43.

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