NMSA 1978, § 47-12A-1 Short title
47-12A-1. Short title
This act [47-12A-1 to 47-12A-6 NMSA 1978] may be cited as the "Cultural Properties Preservation Easement Act".
Laws 1995, ch. 137, § 1.
Cultural Properties Preservation Easements
NMSA 1978 ch. 47, art. 12A
in effectNMSA 1978, § 47-12A-2 Definitions
47-12A-2. Definitions
As used in the Cultural Properties Preservation Easement Act:
A. "cultural property" means a structure, place, site or object having historical, archaeological, scientific, architectural or other cultural significance deemed potentially eligible for inclusion in the national register of historic places;
B. "holder" means any nonprofit corporation, nonprofit association or nonprofit trust, the purposes or powers of which include retaining or protecting structures or sites significant for their history, architecture, archaeology, paleontology or other prehistorical or other values;
C. "cultural properties preservation easement" means a holder's nonpossessory interest in real property imposing any limitation or affirmative obligation, the purpose of which includes preserving the historical, architectural, archaeological or cultural significance of real property; and
D. "third-party enforcement right" means a right empowering a nonprofit corporation, nonprofit association or nonprofit trust to enforce any term of the easement.
Laws 1995, ch. 137, § 2.
NMSA 1978, § 47-12A-3 Cultural properties preservation easement created; dispositions
47-12A-3. Cultural properties preservation easement created; dispositions
A. Except as otherwise provided in the Cultural Properties Preservation Easement Act, a cultural properties preservation easement may be created, conveyed, recorded, assigned, released, modified, terminated or otherwise altered or affected in the same manner as any other easement.
B. A cultural properties preservation easement is not effective and creates no rights or obligations until it is recorded in the office of the county clerk of the county or counties in which any part of the real property subject to the cultural properties preservation easement is located.
C. No right or duty in favor of or against a holder and no right in favor of a person having a third-party enforcement right arises under a cultural properties preservation easement prior to its acceptance by that holder and recordation of that acceptance in the office of the county clerk of the county where the real property subject to a cultural properties preservation easement is located, in whole or in part.
D. Except as provided in Subsection B of Section 4 [47-12A-4 NMSA 1978] of the Cultural Properties Preservation Easement Act, the term of a cultural properties preservation easement shall be the term stated in the easement.
Laws 1995, ch. 137, § 3.
NMSA 1978, § 47-12A-4 Actions
47-12A-4. Actions
An action affecting a cultural properties preservation easement may be brought by any of the following:
A. an owner of an interest in the real property subject to the cultural properties preservation easement;
B. a holder of a cultural properties preservation easement; or
C. a person having a third-party enforcement right.
Laws 1995, ch. 137, § 4.
NMSA 1978, § 47-12A-5 Validity of easement
47-12A-5. Validity of easement
A cultural properties preservation easement is valid even though the cultural properties preservation easement:
A. is not appurtenant to an interest in real properties;
B. imposes a negative covenant that is a restriction on the use of the land that is subject to the terms of the easement;
C. imposes affirmative obligations upon the owner of any interest in the property subject to the easement or upon the holder;
D. does not touch or concern real property; or
E. does not establish any privity of estate or of contract.
Laws 1995, ch. 137, § 5.
NMSA 1978, § 47-12A-6 Enforceable interests
47-12A-6. Enforceable interests
A. Nothing in the Cultural Properties Preservation Easement Act invalidates any interest, whether designated as a cultural properties preservation easement, covenant, equitable servitude, restriction or easement that is enforceable under the laws of this state.
B. No interest benefiting or encumbering real property cognizable under the statutes or common law in effect in this state prior to the enactment of the Cultural Properties Preservation Easement Act, nor any application or permit for a change of a point of diversion place or purpose of use of a water right at any time shall be impaired, invalidated or in any way adversely affected by reason of any provision of that act.
C. Nothing in the Cultural Properties Preservation Easement Act shall be construed to diminish or impair the rights of any person authorized by the laws of this state to acquire rights of way, easements of other property rights through the exercise of eminent domain. Nothing in that act shall be construed to authorize any charitable corporation, association or trust to acquire a preservation restriction through the exercise of eminent domain.
Laws 1995, ch. 137, § 6.
Source: New Mexico Compilation Commission (nmonesource.com)URL: https://nmonesource.com/nmos/nmsa-unanno/en/item/18550/index.doFetched: 10/20/2026