Except as provided in this section, the commissioner may not lease under a business lease any trust land currently leased under an existing surface lease unless the existing lessee relinquishes the existing lessee’s interest in the trust land or the commissioner exercises any right of withdrawal of land which the commissioner may have. Notwithstanding the foregoing, the commissioner may determine that a proposed business lease will not unreasonably interfere with the authorized uses under an existing lease, and may allow a new business lease in compliance with the following requirements.

1. A. The new business lease shall identify the existing lease, shall state that the new business lessee’s rights and privileges are subject to the existing lessee’s rights and privileges under the existing lease, unless waived or amended, and shall provide that the new business lessee will not interfere with the uses permitted under the existing lease.

2. B. The existing lessee must consent in writing to the new business lease.

   HISTORY of 19.2.9 NMAC:

   Pre-NMAC History: Material in this part was derived from that previously filed with the State Records Center and Archives:

   CPL 69-5, Rules and Regulations Concerning the Sale, Lease and other Disposition of State Trust Lands, 9/2/1969.

   CPL 71-2, Rules and Regulations Concerning the Sale, Lease and other Disposition of State Trust Lands, 12/16/1971.

   CPL 77-1, Rules and Regulations Concerning the Sale, Lease and other Disposition of NM Trust Lands, 1/7/1977.

   Rule 9, Relating To Business Leases On State Lands, 3/11/1981

   SLO Rule 9, Relating To Business Leases On State Lands, 1/20/1984

   SLO Rule 9, Relating To Business Leases On State Lands, 6/24/1985.

   History of Repealed Material:

   SLO Rule 9, Relating To Business Leases On State Lands - Repealed, 5/15/2001.

[19.2.9.21 NMAC - N, 5/15/2001; A, 6/11/2019]