N.M. Const. art. XIII, § 2
The commissioner of public lands shall select, locate, classify and have the direction, control, care and disposition of all public lands, under the provisions of the acts of congress relating thereto and such regulations as may be provided by law.
Enabling Act. — Many notes refer to the Enabling Act, whereby congress established terms for the future admission of New Mexico into the Union. The Enabling Act (June 20, 1910, 36 Stat. 557, ch. 310) is set out in Pamphlet 3.
Cross references. — For provision regarding leases reserving royalty to state, see N.M. Const., art. XXIV, § 1.
For statutes providing for office of commissioner of public lands, see 19-1-1 to 19-1-24 NMSA 1978.
Comparable provisions. — Idaho Const., art. IX, § 7.
Montana Const., art. X, § 4.
Wyoming Const., art. XVIII, § 3.
No specific time within which land should be classified. — Although it is constitutional duty of commissioner to classify the public land, no specific limitation of time is stated as to when classification should be made. State ex rel. Otto v. Field, 1925-NMSC-019, 31 N.M. 120, 241 P. 1027.
State necessary party in suit concerning its reservation of mineral rights. — Quiet title suit brought by one holding contract of purchase of state lands against lessees of land from state for oil and gas exploration, seeking to set aside reservation of minerals included in such contract, was action against state as lessor, and state was a necessary party defendant. American Trust & Sav. Bank v. Scobee, 1924-NMSC-022, 29 N.M. 436, 224 P. 788.
No mandamus against commissioner where action really against state. — Mandamus will not lie against commissioner of public lands to compel him to issue deed conveying public lands free from reservation of minerals therein, which reservation was contained in contract of sale, because it is, in effect, an action against the state. State ex rel. Evans v. Field, 1921-NMSC-082, 27 N.M. 384, 201 P. 1059.
Trespassing railroad could not urge cancellation of contract to purchase. — Railroad, which was not party to case before commissioner initiated by order to show cause why contract to purchase realty on which such railroad as trespasser had made improvements should not be canceled, was not in position to urge that supreme court direct cancellation of contract. In re Dasburg, 1941-NMSC-024, 45 N.M. 184, 113 P.2d 569.
Commissioner has power to alienate school trust lands. — Under this section and Laws 1929, §§ 132 to 162 (repealed), state land commissioner had power to alienate public lands held in trust for public schools, within limits and under terms of Enabling Act. In re Dasburg, 1941-NMSC-024, 45 N.M. 184, 113 P.2d 569.
Commissioner has power to reserve mineral rights. — State, through commissioner of public lands, properly reserved minerals and mineral rights in selling and issuing its patent to school and asylum lands granted to state, and patentee was not entitled to ejectment against state's lessee of oil and gas rights. Terry v. Midwest Ref. Co., 64 F.2d 428 (10th Cir.), cert. denied, 290 U.S. 660, 54 S. Ct. 74, 78 L. Ed. 571 (1933).
Commissioner has power to cancel contract of sale. — Cancellation of contract of sale of state lands is within sound discretion of commissioner and does not violate this section. Vesely v. Ranch Realty Co., 1934-NMSC-067, 38 N.M. 480, 35 P.2d 297.
Rulemaking authority of commissioner limited. — The commissioner of public lands has no authority to promulgate rules or regulations inconsistent with legislative enactments governing mineral leases on public lands. Harvey E. Yates Co. v. Powell, 98 F.3d 1222 (10th Cir. 1996).
The commissioner exceeded his authority and usurped a legislative function in promulgating the definition of "proceeds" in a rule so that it would require state lessees to pay royalties even when gas was not extracted from the leased premises. Harvey E. Yates Co. v. Powell, 98 F.3d 1222 (10th Cir. 1996).
Commissioner is limited to powers conferred by law. — Commissioner of public lands as agent of state has only such powers as are conferred upon him by constitution and statutes and as limited by Enabling Act. State ex rel. Del Curto v. District Court, 1947-NMSC-032, 51 N.M. 297, 183 P.2d 607.
In selling lands belonging to state and issuing patents therefor commissioner is merely an agent of state and has those powers, and only those powers, given by law, and there is no specific authority given him to issue patent to portion of tract of land sold under contract when only that part covered by patent has been paid for and balance due under said contract has not been paid at time patent is issued. Zinn v. Hampson, 1956-NMSC-088, 61 N.M. 407, 301 P.2d 518. See N.M. Const., art. XIII, § 3, relating to restrictions on patents under Enabling Act.
Special requirements for leases with terms longer than five years. — Leases of state lands for longer term than five years are required to be sold to highest bidder at public sale after published advertisement of sale. State ex rel. McElroy v. Vesely, 1935-NMSC-096, 40 N.M. 19, 52 P.2d 1090; Hart v. Walker, 1935-NMSC-089, 40 N.M. 1, 52 P.2d 123.
Circumvention invalid. — No rights can be acquired by circumvention; commissioner had no power to cancel a contract to purchase when purchaser failed to show in his application improvements made by a railroad which was in the position of a trespasser. In re Dasburg, 1941-NMSC-024, 45 N.M. 184, 113 P.2d 569.
Commissioner may not circumvent requirements of law. — Allowing the relinquishment of an existing lease on grazing or agricultural lands subject to Enabling Act, and application for new consolidated lease, having net result of a lease of more than five years' duration without opportunity for competitive bidding or adverse applications, is beyond discretion of commissioner. 1969 Op. Att'y Gen. No. 69-67.
Circumvention generally invalid. — No rights in public lands may be given or acquired contrary to law by circumvention, indirection or otherwise, no matter how valid or well-intentioned the underlying reason may be. 1969 Op. Att'y Gen. No. 69-67.
Invalid to postpone obligation to pay. — Effect of 19-7-12 NMSA 1978, relating to cancellation and granting of contracts, is to postpone obligation to pay for public lands; the statute offends constitution and is void. 1931 Op. Att'y Gen. No. 31-291.
Limited appropriation not invalid under Enabling Act. — Phrase "and such regulations as may be provided by law" does not render invalid an appropriation of not to exceed $10,000 on theory that if commissioner is limited to this expenditure, he would be prevented from properly classifying and intelligently administering public lands trust imposed by Enabling Act, especially since it does not appear that legislature intended to limit commissioner, in all things, to above sum. 1939 Op. Att'y Gen. No. 39-3202.
Personnel Act of 1959 (5-4-19 to 5-4-27, 1953 Comp., now repealed) applies to all state executive agencies. State land office (created by 19-1-1 NMSA 1978) is an executive agency and comes under the act. 1959 Op. Att'y Gen. No. 59-195.
State may exchange lands with federal government. — Under federal Taylor Grazing Act (43 U.S.C. § 315 et seq.) state may exchange its lands where title is vested in it for other lands of federal government through secretary of the interior who has power to exchange such lands in same manner as that provided for exchange of privately-owned lands. 1935 Op. Att'y Gen. No. 35-1204.
"Under provisions of the acts of congress" construed. — This section limiting control of commissioner to disposition of public lands "under provisions of the acts of congress" relates only to those lands New Mexico has received in trust from federal government for institutional purposes. 1953 Op. Att'y Gen. No. 53-5831.
Constitutional commission not limited to express powers. — Administrative commission created by constitution is not limited to powers expressly granted by constitution but may exercise all powers which may be necessary or essential in connection with performance of its duties. 1953 Op. Att'y Gen. No. 53-5831.
Commissioner has power to deed railroad right-of-way. — Commissioner may grant right-of-way of railroad company and execute deed without advertising and offering same at public auction. 1931 Op. Att'y Gen. No. 31-244.
Commissioner has power to remove land from restricted districts. — By necessary implication land commissioner has authority to rescind orders promulgated by him adding lands to restricted districts for oil and gas leasing, and procedure to be followed in withdrawing any lands from a restricted district is substantially the same as set out in 19-10-15 NMSA 1978, relating to rental districting. 1952 Op. Att'y Gen. No. 52-5604.
Institution to which land allocated cannot prevent sale by commissioner. — Except for certain transactions with United States, nothing in Enabling Act, constitution or statutes gives institution to which public land has been allocated either right or power to prevent commissioner from selling the land where he is acting procedurally according to the law. 1964 Op. Att'y Gen. No. 64-130.
Legislature without power to restrict expenditure of funds. — Commissioner of public lands is sole person entrusted with administration of funds of which he is trustee, subject to expenditure being reasonable, and legislature is not empowered, nor is governor under grant of legislative power, to restrict commissioner in expenditure of these funds. 1953 Op. Att'y Gen. No. 53-5781.
Commissioner lacks power to sell lands of highway commission. — Neither by constitution nor by statute has commissioner been given power to sell lands held by highway commission and acquired for its purposes. 1953 Op. Att'y Gen. No. 53-5831.
Exchange of state trust lands. — The commissioner of public lands may exchange state trust lands for other public or private lands of equal or greater value provided that the exchange transaction is in substantial conformity with the requirements of the federal Enabling Act, ch. 310, 36 stat. 557. As a consequence of this conclusion, 1988 Op. Att'y Gen. No. 88-35 is hereby overruled. 1991 Op. Att'y Gen. No. 91-15.
Commissioner's discretion limited by express provisions. — While commissioner has a great deal of discretionary authority in managing the public lands of state, his discretion is limited by express provisions in the law. 1969 Op. Att'y Gen. No. 69-67.
Commissioner not authorized to issue all oil and gas leases. — Section 19-10-1 NMSA 1978 does not grant the commissioner of public lands the exclusive authority to issue all oil and gas leases on any lands owned by the state. 1980 Op. Att'y Gen. No. 80-10.
Law reviews. — For note, "Administration of Grazing Lands in New Mexico: A Breach of Trust," see 15 Nat. Resources J. 581 (1975).
For article, "Survey of New Mexico Law, 1979-80: Administrative Law," see 11 N.M. L. Rev. 1 (1981).
For 1984-88 survey of New Mexico administrative law, 19 N.M. L. Rev. 575 (1990).
Am. Jur. 2d, A.L.R. and C.J.S. references. — Prohibition to control actions of land officers, 115 A.L.R. 31, 159 A.L.R. 627.
73B C.J.S. Public Lands §§ 178 to 183, 197.