N.M. Const. art. XIII, § 3
The provisions of the Enabling Act (36 Stat. 557, 563) which prohibit the granting of a patent for a portion of a tract of public lands under sales contract because the full consideration for the entire tract is not or was not paid, are waived with respect to the following sales:
C. sale of a portion of a tract under sales contract, or under a contract entered into in substitution of such contract, if the right to purchase all other portions of the tract were assigned or relinquished on or before September 4, 1956 by the person holding the contract.
The legislature may enact laws to carry out the purposes of this amendment. (As added November 3, 1964.)
The 1963 amendment to Article XIII, which was proposed by S.J.R. No. 3 (Laws 1963) and adopted at the general election held on November 3, 1964, by a vote of 72,258 for and 49,758 against, added this section.
Enabling Act. — The Enabling Act (June 20, 1910, 36 Stat. 557, ch. 310), which authorized New Mexico to prepare for statehood, is set out in Pamphlet 3.
Congressional waiver of Enabling Act provisions. — Restrictions of Section 10 of Enabling Act as to issuance of patent to portion of tract sold under contract when only that part covered by patent had been paid for and balance due under contract had not been paid at time patent was issued were waived as to patents issued prior to September 4, 1956. See act of May 27, 1961, 74 Stat. 85, P.L. 87-40.
Commissioner did not have authority to issue patent to portion of tract sold under contract when only that part covered by patent had been paid for and balance due under said contract had not been paid at the time patent was issued. Zinn v. Hampson, 1956-NMSC-088, 61 N.M. 407, 301 P.2d 518(decided prior to amendment adding this section).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 63A Am. Jur. 2d Public Lands §§ 58, 113, 115, 117.
73B C.J.S. Public Lands §§ 178, 180, 184, 188 to 191.