Timberlands

NMSA 1978 ch. 19, art. 11

in effect

NMSA 1978, § 19-11-1 [Care and protection; rules and regulations; forestry standards.]

19-11-1. [Care and protection; rules and regulations; forestry standards.] That the commissioner of public lands shall have authority, and it shall be his duty, to care for the timber and the timber products upon the state lands, under such rules and regulations as he may prescribe, [and] said rules and regulations shall provide for the practice of forestry according to standards that will protect the timber and timber products and also protect the watersheds of the state. Laws 1921, ch. 84, § 2; 1923, ch. 101, § 2; C.S. 1929, § 132-165; 1941 Comp., § 8-1201; 1953 Comp., § 7-12-1.

NMSA 1978, § 19-11-2 [Fire prevention and watershed protection; agreement with federal or private agencies.]

19-11-2. [Fire prevention and watershed protection; agreement with federal or private agencies.] In order to carry out the provisions of this act [19-11-1, 19-11-2 NMSA 1978], as well as for cooperative forest fire prevention and watershed protection, the commissioner of public lands is hereby authorized to enter into agreements with federal or private agencies. Laws 1921, ch. 84, § 3; C.S. 1929, § 132-173; 1941 Comp., § 8-1202; 1953 Comp., § 7-12-2.

NMSA 1978, § 19-11-3 Sale of timber lands

19-11-3. Sale of timber lands That on application therefor, the commissioner of public lands shall sell timber lands and the timber thereon, upon such terms and conditions as other state lands are now sold, except as hereinafter expressly provided. The minimum price for such lands exclusive of the timber products east of the range line between ranges 18 and 19 east, shall be five ($5.00) dollars per acre, and west of the range line between range 18 and 19 east, shall be three ($3.00) dollars per acre. Not more than five sections thereof shall be sold in any one block. Before executing any contract of sale, the commissioner shall, in the event of sale on deferred payment plan or deed in the event of sale for cash, require the purchaser to subscribe and swear to an affidavit in writing that the purchase is made in good faith solely for the benefit of such purchaser and not for any other person, and false swearing to any such affidavit shall be perjury and punishable as such under the laws of the state and shall render such contract or deed void. The timber on such lands before any such sale shall be cruised and classified as to its kind and character and appraised according to its stumpage market value, and the minimum price for such timber shall be two dollars ($2.00) dollars per thousand feet for saw timber, provided that the minimum price for white fir (balsam) shall not be less than one ($1.00) [dollar] per thousand feet, board measure. Laws 1923, ch. 101, § 3; C.S. 1929, § 132-166; Laws 1935, ch. 105, § 1; 1941 Comp., § 8-1203; 1953 Comp., § 7-12-3.

NMSA 1978, § 19-11-4 [Deferment of payment because of fire prevention assistance; failure to observe protective regulations; forfeiture; payment required before timber cut.]

19-11-4. [Deferment of payment because of fire prevention assistance; failure to observe protective regulations; forfeiture; payment required before timber cut.] The commissioner of public lands shall be authorized to defer the payment, without interest, for a period not to exceed three years for the timber upon any tracts so sold upon condition that the said purchaser shall lend his best effort, aid and assistance in the suppression of forest fires in the community of said land purchased and that he also complies with whatsoever rules and regulations the commissioner of public land [lands] may adopt with reference to the general protection of the timbered lands of the state; and that upon his failure to comply with the same the commissioner shall have power to declare his contract to purchase forfeited, and in which event all money paid thereon shall be forfeited to the state; that the title to such timber sold on said tracts shall be vested and remain in the state until the same is paid for and no timber shall be cut by such purchaser or his assigns until the money therefor has been paid to the commissioner of public lands. Laws 1923, ch. 101, § 4; C.S. 1929, § 132-167; 1941 Comp., § 8-1204; 1953 Comp., § 7-12-4.

NMSA 1978, § 19-11-5 [Sales prohibited; exceptions.]

19-11-5. [Sales prohibited; exceptions.] No timber or timbered lands of the state shall be sold except as provided in Sections 3 and 4 [19-11-3, 19-11-4 NMSA 1978] of this act or Section 19-11-10 NMSA 1978. Laws 1923, ch. 101, § 5; C.S. 1929, § 132-168; 1941 Comp., § 8-1205; 1953 Comp., § 7-12-5.

NMSA 1978, § 19-11-6 [Cutting certain timber for purchaser's own consumption.]

19-11-6. [Cutting certain timber for purchaser's own consumption.] Any purchaser of timbered lands, under the provisions of this act [19-11-1 to 19-11-9 NMSA 1978], shall be permitted to cut sufficient pinon and juniper for his own consumption only. Laws 1923, ch. 101, § 6; C.S. 1929, § 132-169; 1941 Comp., § 8-1206; 1953 Comp., § 7-12-6.

NMSA 1978, § 19-11-7 [Covenant to conserve and protect young timber and timber products; use of land for agricultural purposes.]

19-11-7. [Covenant to conserve and protect young timber and timber products; use of land for agricultural purposes.] All land sold under the provisions of this act [19-11-1, 19-11-3 to 19-11-9 NMSA 1978] shall be so sold with the proviso and a covenant running therewith, that the purchaser or purchasers thereof shall encourage, protect and conserve the growing of young timber and timber products thereon, such as are particularly adapted to the said lands; provided, however, that any part of such lands sold that are suited for agricultural purposes may be used for that purpose. Laws 1923, ch. 101, § 7; C.S. 1929, § 132-170; 1941 Comp., § 8-1207; 1953 Comp., § 7-12-7.

NMSA 1978, § 19-11-8 [Roadway reserved.]

19-11-8. [Roadway reserved.] There shall be reserved over all said timbered and other mountain lands hereinafter sold by the state, or its assigns, an adequate roadway, for all purposes, to serve as an outlet to all other lands owned by the state, or its assigns. Laws 1923, ch. 101, § 8; C.S. 1929, § 132-171; 1941 Comp., § 8-1208; 1953 Comp., § 7-12-8.

NMSA 1978, § 19-11-9 [Purchaser of timber leasing additional grazing lands; conditions.]

19-11-9. [Purchaser of timber leasing additional grazing lands; conditions.] Any purchaser of timbered lands under the provisions of this act [19-11-1 to 19-11-9 NMSA 1978] shall be privileged to lease additional state timbered lands for grazing purposes, but in which event the granting of said lease, by the state, shall be conditioned upon the lessee's compliance with the rules and regulations adopted by the commissioner of public lands, for the general protection of timber and timber products on said leased land, or other state timbered lands adjacent thereto. Laws 1923, ch. 101, § 9; C.S. 1929, § 132-172; 1941 Comp., § 8-1209; 1953 Comp., § 7-12-9.

NMSA 1978, § 19-11-10 Timber; sale of [down, large growth and matured timber]

19-11-10. Timber; sale of [down, large growth and matured timber] The commissioner of public lands may sell the down, large growth and matured timber on any state lands in the manner and after the notice provided by law governing sales of state lands. The sale of any such timber shall not be construed as a sale of the land on which the same is situated. No growing of matured timber less than twelve inches in diameter inside of bark, three feet from the butt, shall be sold. Provided, that timber not less than nine inches in diameter, inside of bark, three feet from the butt, may be sold for railroad ties, mine props or fence posts. All sales of timber shall be on the stumpage basis. No down, large growth and matured timber, except such as is fit only for firewood, shall be sold at less than two dollars ($2.00) per thousand feet, board measure, provided that the minimum price for white fir (balsam) shall be not less than one dollar ($1.00) per thousand feet, board measure. Laws 1912, ch. 82, § 65; Code 1915, § 5243; C.S. 1929, § 132-177; Laws 1935, ch. 106, § 1; 1941 Comp., § 8-1210; 1953 Comp., § 7-12-10.

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