Herd Law Districts

NMSA 1978 ch. 77, art. 12

in effect

NMSA 1978, § 77-12-1 ["Person" defined.]

77-12-1. ["Person" defined.] Whenever the word "person" is used in this act [77-12-1 to 77-12-12 NMSA 1978], it shall include persons, firms and corporations. Laws 1923, ch. 68, § 1; C.S. 1929, § 4-401; 1941 Comp., § 49-1301; 1953 Comp., § 47-13-1.

NMSA 1978, § 77-12-2 [Petition for herd law district, contents and filing; hearing; publication of notice; conduct; order; publication; exception.]

77-12-2. [Petition for herd law district, contents and filing; hearing; publication of notice; conduct; order; publication; exception.] Whenever persons who own or hold under lease or contract of purchase a majority of the acres of contiguous tracts of land, aggregating not less than three thousand eight hundred and forty acres, shall file with the board of county commissioners of the county in which such lands or a major portion thereof, are situated, a petition in writing signed and acknowledged in the same manner as conveyances of deeds to real estate, and accurately defining such tracts of land and setting forth the correct acreage of each tract, requesting such board to declare such tracts of land a herd law district, said board of county commissioners shall, at the next regular or special meeting of said board, enter an order fixing the time and place, not less than twenty nor more than thirty days from the date of such regular or special meeting, for a hearing on said petition. The clerk of such board shall give notice of the time and place of such hearing by publishing a notice thereof in two successive issues of a legal newspaper of general circulation published nearest to the said proposed district. The last publication shall be not less than ten days prior to the date of said hearing. At the time and place fixed for said hearing said board of county commissioners shall hear said petition, and if it finds the same is duly signed and acknowledged as herein provided, by persons who are owners, lessees or contract purchase holders, of a majority of the acres of lands within said proposed districts and otherwise complies with the provisions of this act, it shall enter an order declaring that all of said tracts of land embraced in said proposed district, from and after thirty days from the date of said order, shall be a herd law district within the meaning of this act [77-12-1 to 77-12-12 NMSA 1978], and shall cause a notice thereof, accurately defining the boundaries of said district, and stating that said district from and after the expiration of thirty days from the date of said order shall be a herd law district within the meaning of this act, to be published in two consecutive issues of the same newspaper as the notice of said hearing. The last of such publications shall be not less than ten days prior to the date said order shall take effect. Provided, however, that no such herd law district shall be created unless at least one-fourth of the land embraced therein is being used for agricultural purposes. Laws 1923, ch. 68, § 2; C.S. 1929, § 4-402; Laws 1933, ch. 92, § 1; 1941 Comp., § 49-1302; 1953 Comp., § 47-13-2.

NMSA 1978, § 77-12-3 [Parts of lands not to be included without consent.]

77-12-3. [Parts of lands not to be included without consent.] Such district shall not include any part of the contiguous land held by any person as owner, lessee or contract purchaser, unless it shall include the whole of all such lands of such person, except where such person shall expressly consent thereto by signing and acknowledging said petition. Laws 1923, ch. 68, § 3; C.S. 1929, § 4-403; 1941 Comp., § 49-1303; 1953 Comp., § 47-13-3.

NMSA 1978, § 77-12-4 [Publications; language.]

77-12-4. [Publications; language.] The publications required by this act [77-12-1 to 77-12-12 NMSA 1978] shall be made in English or Spanish or both in the discretion of the board of county commissioners. The board of county commissioners at the time of entering the orders herein provided for shall enter an order directing the language or languages in which such publication shall be made. Laws 1923, ch. 68, § 4; C.S. 1929, § 4-404; 1941 Comp., § 49-1304; 1953 Comp., § 47-13-4.

NMSA 1978, § 77-12-5 [Trespassing in district; damages; lien on brand.]

77-12-5. [Trespassing in district; damages; lien on brand.] From and after the date said order takes effect, when any trespassing shall have been done by any cattle, horses, sheep, goats, hogs or other livestock, upon the land or property within said district, whether such land or property is enclosed with a legal fence or not, the person who is the owner, lessee or contract purchase holder of such land or property, may recover any damages he may sustain by reason thereof in any court of competent jurisdiction, and the person so damaged is hereby given a lien on all livestock of the same kind or brand belonging to the owner of such trespassing animals or livestock for the recovery of all damages and costs. Laws 1923, ch. 68, § 5; C.S. 1929, § 4-405; 1941 Comp., § 49-1305; 1953 Comp., § 47-13-5.

NMSA 1978, § 77-12-6 Distraint of livestock for damages

77-12-6. Distraint of livestock for damages A person damaged by trespassing livestock may hold and distrain the trespassing livestock until the damages that he has suffered and the costs, including a reasonable amount set by the board per head per day for feeding and caring for the livestock during the time the livestock is so distrained, are paid or legally tendered. The person distraining the livestock shall give notice to the owner, if known or ascertainable, within forty-eight hours after distraint. Laws 1923, ch. 68, § 6; C.S. 1929, § 4-406; 1941 Comp., § 49-1306; 1953 Comp., § 47-13-6; Laws 1999, ch. 282, § 78.

NMSA 1978, § 77-12-7 [Petition for dissolution of district; procedure.]

77-12-7. [Petition for dissolution of district; procedure.] Upon like petition requesting the dissolution of such district, and after the same notice and hearing as herein provided for the formation of such district, the board of county commissioners of the county in which such tracts of land or a major portion thereof are situated, shall enter an order dissolving such district. Laws 1923, ch. 68, § 7; C.S. 1929, § 4-407; 1941 Comp., § 49-1307; 1953 Comp., § 47-13-7.

NMSA 1978, § 77-12-8 [Judicial notice of district proceedings.]

77-12-8. [Judicial notice of district proceedings.] The court shall take judicial notice of the filing of such petition, the granting of such order, the publication thereof and of the location, extent and description of the district set forth in such order and publication. Laws 1923, ch. 68, § 8; C.S. 1929, § 4-408; 1941 Comp., § 49-1308; 1953 Comp., § 47-13-8.

NMSA 1978, § 77-12-9 [Fencing of exterior boundaries.]

77-12-9. [Fencing of exterior boundaries.] The owners, contract purchasers or lessees of lands, lying next to the exterior boundaries of any such herd law district, may construct a legal fence along the whole or any part of such exterior boundaries including the intersection with the roads which enter such districts, provided they construct automobile runways and cattle guards and gates in such fences where same cross such roads, according to plans and specifications approved by the state highway engineer and such runways, cattle guards and gates when so constructed, provided said gates are closed, shall not be construed to render such fence not a legal fence. Laws 1923, ch. 68, § 9; C.S. 1929, § 4-409; 1941 Comp., § 49-1309; 1953 Comp., § 47-13-9.

NMSA 1978, § 77-12-10 Failure to close gate; penalty

77-12-10. Failure to close gate; penalty A person who opens and fails to close a gate provided for in Section 77-12-9 NMSA 1978 is guilty of a misdemeanor and on conviction shall be sentenced in accordance with the provisions of Section 31-19-1 NMSA 1978. Laws 1923, ch. 68, § 10; C.S. 1929, § 4-410; 1941 Comp., § 49-1310; 1953 Comp., § 47-13-10; Laws 1999, ch. 282, § 79.

NMSA 1978, § 77-12-11 Livestock at large on herd law district road; penalty

77-12-11. Livestock at large on herd law district road; penalty An owner or holder of livestock described in Section 77-12-6 NMSA 1978 who permits livestock to run at large on a public road within a herd law district is guilty of a misdemeanor and on conviction shall be sentenced in accordance with the provisions of Section 31-19-1 NMSA 1978. Laws 1923, ch. 68, § 11; C.S. 1929, § 4-411; 1941 Comp., § 49-1311; 1953 Comp., § 47-13-11; Laws 1999, ch. 282, § 80.

NMSA 1978, § 77-12-12 [Application of act.]

77-12-12. [Application of act.] This act [77-12-1 to 77-12-12 NMSA 1978] shall not apply to territory within an incorporated city, town or village, nor shall it be construed to repeal, amend or in anywise affect the provisions of Chapter 88 of the Session Laws of 1919 [repealed], as amended by Chapter 70 of the Session Laws of 1921, but such owners, lessees and contract purchase holders within any organized irrigation district may take advantage of the provisions of this act. Laws 1923, ch. 68, § 12; C.S. 1929, § 4-412; 1941 Comp., § 49-1312; 1953 Comp., § 47-13-12.

Source: New Mexico Compilation Commission (nmonesource.com)URL: https://nmonesource.com/nmos/nmsa-unanno/en/item/18580/index.doFetched: 10/20/2026