The secretary has the right to authorize the commissioner of public lands to quitclaim to any state educational institution or other state agency, department or public body having authority to hold, and a use therefor, any lands acquired for state park or state recreational purposes for such nominal consideration and upon such conditions and subject to such reservations as in each case may be prescribed by the secretary; provided, however, that disposition of any such lands shall, in any case, relate only to lands held in excess of the reasonable needs of the state park and recreation division [state parks division] of the energy, minerals and natural resources department for public parks and recreational purposes.

History: 1941 Comp. Supp., § 4-120, enacted by Laws 1951, ch. 45, § 1; 1953 Comp., § 4-9-14; Laws 1963, ch. 98, § 14; 1977, ch. 254, § 25; 1987, ch. 234, § 19.

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

Laws 1997, ch. 149, § 3 provided that the "state park and recreation division" means the "state parks division". See 9-5A-6.1 NMSA 1978.

Temporary provisions. — Laws 2019, ch. 171, § 1, effective April 2, 2019, provided:

A. The legislature finds that:

(1) the transfer of land and buildings of the Mesilla Valley Bosque state park by the commissioner of public lands by quitclaim deed to the state game commission in June 2018 was without required legislative approval;

(2) the land and buildings of the Mesilla Valley Bosque state park are not in excess of the reasonable needs of the state parks division of the energy, minerals and natural resources department for use as a state park; and

(3) the provisions of Section 13-6-3 and 17-4-3 NMSA 1978 shall not apply to the transfer of property required by Subsection B of this section.

B. The state game commission shall return to the energy, minerals and natural resources department by quitclaim deed for use by the state parks division of the department as a state park all land, buildings and interests in the following thirteen and thirty-nine hundredths acres, more or less, situated in Dona Ana county, New Mexico, and described as follows:

A tract of land situated within the Mesilla Civil Colony Grant in Sections 2 & 3, T.24S., R.1E., and Section 34, T.23S., R.1E., N.M.P.M. of the U.S.R.S. Surveys being U.S.R.S. Tracts Map 12-12, 12-13, 12-14, 12-15, 12-16A, 12-16C, 12-16D, 12-16E & 12-34, and being more particularly described as follows, to wit:

Beginning at a 1/2" iron rod set on the East line of the Picacho Drain for a corner of the tract herein described; whence meander corner No. 20 on the Mesilla Civil Colony Grant bears N.46 deg. 43'29"W., 4155.14 feet;

Thence from the point of beginning and leaving said Picacho Drain, N.58 deg.30'00"E., 597.65 feet to a 1/2" iron rod set for a corner of this tract;

Thence S.31.deg. 30'00"E., 424.07 feet to a 1/2" iron rod set on the West line of a 60 foot wide road for a corner of this tract and point of curvature;

Thence along the West line of said 60 foot wide road the following courses and distances, around the arc of a curve to the left, having a radius of 1055.81 feet, through a central angle of 42 deg. 21'00" and whose long cord bears N.20 deg. 00'18"E., 762.75 feet to a 1/2" iron rod set;

Thence N.01 deg. 08'54"W., 1184.93 feet to a 1/2" iron rod set a point of curvature;

Thence around the arc of a curve to the left, having a radius of 1819.90 feet, through a central angle of 41 deg. 03'48" and whose long cord bears N.21 deg. 39'44"W., 1276.57 feet to a 1/2" iron rod set;

Thence N.42 deg. 11'36"W., 1248.73 feet to a 1/2" iron rod set for a corner of this tract;

Thence N.19 deg. 05'52"W., 152.96 feet to a 1/2" iron rod set on the West line of the Rio Grande for the most Northerly corner of this tract;

Thence along the West line of the Rio Grande the following courses and distances, S.42 deg. 11'36"E., 1389.48 feet to an I.B.C. Pipe found and point of curvature;

Thence around the arc of a curve to the right, having a radius of 1879.90 feet, an arc length of 1347.26 feet, through a central angle of 41 deg. 03'43" and whose long chord bears S.21 deg. 39'42"E., 1318.61 feet to an I.B.C. Pipe found;

Thence S.01 deg. 08'54"E., 1184.91 feet to an I.B.C. Pipe found and point of curvature;

Thence around the arc of a curve to the right, having a radius of 1115.81 feet, an arc length 1237.36 feet, through a central angle of 63 deg. 32'14" and whose long chord bears S.30 deg. 35'57"W., 1174.93 feet to an I.B.C. Pipe found;

Thence S.62 deg. 21'12"W., 161.86 feet to a 1/2" iron rod set at the Southwest intersection of the Rio Grande and Picacho Drain for Southwest corner of this tract;

Thence along East line of the Picacho Drain the following courses and distances, N.41 deg. 30'00"W., 161.24 feet to a 1/2" iron rod found and point of curvature;

Thence around the arc of a curve to the right, having a radius of 1095.90 feet, an arc length of 202.02 feet, through a central angle of 10 deg. 33'44" and whose long chord bears N.36 deg. 46'52"W., 201.74 feet to a 1/2" iron rod set;

Thence N.31 deg. 30'00"W., 158.85 feet to the point of beginning, containing 13.392 acres of land, more or less.

C. The real property transferred pursuant to Subsection B of this section shall be used to reestablish Mesilla Valley Bosque state park as that park existed prior to the transfer of the property by quitclaim deed of the commissioner of public lands on June 18, 2018.

The 1987 amendment, effective July 1, 1987, substituted "secretary" for "state park and recreation director" both places it appears and inserted "of the energy, minerals and natural resources department" following "state park and recreation division" near the end of the section.

Authority to sell, etc., state property. — The state park commission (now the state parks division), as well as any other commission or agency of the state, have the authority to sell, or otherwise dispose of, any property owned by the state, subject to the approval of the state board of finance. 1961 Op. Att'y Gen. No. 61-123.