All lands granted under the provisions of the act of congress, entitled, "An act to enable the people of New Mexico to form a constitution and state government and be admitted into the union on an equal footing with the original states; and to enable the people of Arizona to form a constitution and state government and be admitted into the union on an equal footing with the original states," for the purposes of said several institutions are hereby accepted and confirmed to said institutions, and shall be exclusively used for the purposes for which they were granted; provided, that one hundred and seventy thousand acres of the land granted by said act for normal school purposes are hereby equally apportioned between said three normal institutions, and the remaining thirty thousand acres thereof is reserved for a normal school which shall be established by the legislature and located in one of the counties of Union, Quay, Curry, Roosevelt, Chaves or Eddy.

ANNOTATIONS

"Act of congress" is Enabling Act. — The statutory reference in this section is to the Enabling Act (June 20, 1910, 36 Stat. 557, ch. 310), which is set out in Pamphlet 3.

Cross references. — For establishment of normal school in Roosevelt county, see 21-3-29 NMSA 1978.

Comparable provisions. — Arizona Const., art. X, § 1.

Montana Const., art. X, § 11.

Utah Const., art. XX, § 1.

Bonds to anticipate income from institutional lands not state's obligations. — Building and improvement bonds issued under 21-7-13 to 21-7-25 NMSA 1978 to anticipate income from institutional lands, granted to the university of New Mexico by Enabling Act, and accepted and confirmed by this section for university purposes were not obligations of state, notwithstanding that constitution makes state owner of state educational institutions. State v. Regents of Univ. of N.M., 1927-NMSC-047, 32 N.M. 428, 258 P. 571.

Northern New Mexico college is not prohibited from moving coursework from El Rito. — The state of New Mexico, in N.M. Const., Art. XII, § 11, enumerated the state educational institutions to benefit from the 1910 Enabling Act, in which the United States congress granted over thirteen million acres of federal land to be held in trust for the benefit of various public schools and other institutions, and the state, in N.M. Const., Art. XII, § 12, reaffirmed the Enabling Act's restrictions on land, applying them specifically to state educational institutions. These constitutional provisions, however, do not prohibit the enumerated state institutions from moving from their constitutionally-specified locations so long as the schools' trust lands and their proceeds are used for the purpose of maintaining the schools as state educational institutions, and therefore the northern New Mexico state school, at El Rito (NNMC) is not prohibited from moving the majority of its coursework from the El Rito campus to Española so long as NNMC continues to exist as a state educational institution and trust lands granted under the Enabling Act are used for the benefit of NNMC. Northern New Mexico College (10/20/15), Att'y Gen. Adv. Ltr. 2015-07.

University money properly used for land purchase. — Any money received by state university can be used for purchase of lands. 1913 Op. Att'y Gen. No. 13-1082.

School ineligible to participate in grant made before its establishment. — Although normal schools at Las Vegas, Silver City and El Rito are confirmed as state institutions entitled to share in congressional grants of land, the school at El Rito may not participate in grant of 1898 (June 21, 1898, 30 Stat. 484, ch. 489) since the school was not established until 1909. 1917 Op. Att'y Gen. No. 17-1983.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 63A Am. Jur. 2d Public Lands §§ 108, 112, 113, 115, 117, 121.

73A C.J.S. Public Lands §§ 66, 67, 76 to 101; 73B C.J.S. Public Lands, § 178 et seq.