N.M. Code R. § 19.2.8.21 – Surface Damages

A. If lessee is involved in litigation with any other persons or entities for damages connected with their leased trust land, lessee must notify the commissioner as soon as practicable. This notice requirement does not apply to any litigation involving only the lessee’s personal or real property.
B. The notice must be in writing, describe the litigation, and give the case name and court docket number; and the notice must be mailed by certified mail to the Commissioner of Public Lands, Office of General Counsel, P.O. Box 1148, Santa Fe, New Mexico 87504.
C. The commissioner will decide within thirty (30) days after receiving the notice whether to participate in the litigation. If the commissioner decides to participate, lessee will not oppose the commissioner’s participation in the litigation; but lessee can choose to oppose or support the commissioner’s claims in the litigation. No response from the commissioner within thirty (30) days shall be deemed a decision not to participate. The commissioner’s non-participation shall not be a waiver of any claim regarding damages to the trust lands.
[3/11/81, 1/20/84, 9/30/85, 10/4/88, 12/1/92, 6/29/96; 19.2.8.21 NMAC - Rn, 19 NMAC 3 SLO 8.21, 09/30/02; 19.2.8.21 NMAC - N, 04/15/10]