All lands belonging to the territory of New Mexico, and all lands granted, transferred or confirmed to the state by congress, and all lands hereafter acquired, are declared to be public lands of the state to be held or disposed of as may be provided by law for the purposes for which they have been or may be granted, donated or otherwise acquired; provided, that such of school Sections Two, Thirty-Two, Sixteen and Thirty-Six as are not contiguous to other state lands shall not be sold within the period of ten years next after the admission of New Mexico as a state for less than ten dollars [($10.00)] per acre.

ANNOTATIONS

Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.

Cross references. — For consent to provisions of Enabling Act, see N.M. Const., art. XXI, § 9.

For provision regarding leases reserving royalty to state, see N.M. Const., art. XXIV, § 1.

Comparable provisions. — Idaho Const., art. IX, § 8.

Montana Const., art. X, § 11.

Utah Const., art. XX, § 1.

Wyoming Const., art. XVIII, § 1.

Land vesting in state through tax proceedings is not public land. — If lands, title to which vests temporarily in name of New Mexico through tax proceedings, are "public lands," they become such by that portion of this section which reads, "and all lands hereafter acquired". However, the framers of the constitution and the people that adopted it intended that the term "public lands" be limited to lands acquired in a proprietary capacity. In the tax situation, title is taken in the name of the state so that lands may be sold and the money they represent be promptly remitted to agencies for which the taxes were assessed and the lands be restored to tax rolls as speedily as possible. Greene v. Esquibel, 1954-NMSC-039, 58 N.M. 429, 272 P.2d 330.

United States as grantor of public lands can impose conditions on their use and has right to exact performance of such conditions. Ervien v. United States, 251 U.S. 41, 40 S. Ct. 75, 64 L. Ed. 128 (1919).

Doctrine of acquiescence. — Title to state land cannot be obtained pursuant to the doctrine of acquiescence. This rule also applies to municipalities. Stone v. Rhodes, 1988-NMCA-024, 107 N.M. 96, 752 P.2d 1112.

Phrase appearing in this section, "all lands . . . hereafter acquired" is not all-inclusive. 1980 Op. Att'y Gen. No. 80-10.

Land granted to state for use of miners' hospital is public land under this section. 1964 Op. Att'y Gen. No. 64-130.

Allowable investments of funds from public lands. — Investment authority of state investment officer is limited to funds derived from lands granted state and its institutions, including any increase in permanent fund by virtue of investment of these funds by the officer. But there is no restriction as to period of time for which funds may be invested, therefore they are all subject to being invested for periods in excess of one year. Hence, these funds are all "moneys available for investment for a period in excess of one (1) year" within meaning of 6-8-9 NMSA 1978 (repealed), relating to allowable investments. 1962 Op. Att'y Gen. No. 62-76.

Legislation required to expend funds of congressional grant institutions. — In majority of cases, funds credited to institutions established under congressional land grants could be expended only by legislative enactment. 1913 Op. Att'y Gen. No. 13-1121, 1913 Op. Att'y Gen. No. 13-1122 and 1913 Op. Att'y Gen. No. 13-1126.

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

Improvements placed on land by adverse claimant, right of grantee to, 6 A.L.R. 95.

Escheat of land granted to alien, necessity of judicial proceeding, 23 A.L.R. 1247, 79 A.L.R. 1364.

Crops grown by trespasser, right to, as against purchaser of the land, 39 A.L.R. 961, 57 A.L.R. 584.

Estoppel of one not party to sale or mortgage of public land by failure to disclose his interest in the property, 50 A.L.R. 790.

Prohibition to control action of land officers, 115 A.L.R. 31, 159 A.L.R. 627.

Constitutionality of reforestation or forest conservation legislation, 13 A.L.R.2d 1095.

Implied acceptance, by public use, of dedication of beach or shoreline adjoining public waters, 24 A.L.R.4th 294.

73B C.J.S. Public Lands §§ 178 to 197.