A. It is the declared intent of the legislature that field archeology on privately owned lands should be discouraged except in accordance with the provisions and spirit of the Cultural Properties Act [18-6-1 to 18-6-17 NMSA 1978]; and persons having knowledge of the location of archeological sites are encouraged to communicate such information to the committee.

B. It shall be deemed an act of trespass and a misdemeanor for any person to remove, injure or destroy registered cultural properties situated on private lands or controlled by a private owner without the owner's prior permission. Where the owner of a registered cultural property has submitted his acceptance in writing to the committee's registration of that cultural property, the provisions of Section 8 [18-6-9 NMSA 1978] of the Cultural Properties Act shall apply to that registered cultural property.

C. Where a cultural property is on private land or is otherwise privately owned and the committee determines that such cultural property is worthy of preservation and inclusion on the official register, the committee may recommend the procedure best calculated to insure [ensure] preservation. Such procedures may include:

(1) providing technical assistance to the owner who is willing to restore, preserve and maintain the cultural property;

(2) acquiring the property or an easement or other right therein by gift or purchase;

(3) advising the county or municipality within which the cultural property is located on zoning the property as an historic area or district in accordance with the Historic District Act [Chapter 3, Article 22 NMSA 1978];

(4) advising the county or municipality within which the cultural property is located on the use of agreements, purchases or the right of eminent domain to obtain control of the cultural property in accordance with the Historic District Act; and

(5) acquiring the property for the state by use of the right of eminent domain.

History: 1953 Comp., § 4-27-12, enacted by Laws 1969, ch. 223, § 9.

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

Cross references. — For provisions on exercise of right of eminent domain, see 42A-1-1 NMSA 1978 et seq.

County ordinance cannot limit cultural properties review committee's authority. — County land use ordinances attempting to restrict traditional federal and state regulatory authority are preempted by this section which allows the state cultural properties review committee to acquire lands to ensure preservation of cultural property and, thus, such county ordinances are of no consequence. 1994 Op. Att'y Gen. No. 94-01.