That on application therefor, the commissioner of public lands shall sell timber lands and the timber thereon, upon such terms and conditions as other state lands are now sold, except as hereinafter expressly provided. The minimum price for such lands exclusive of the timber products east of the range line between ranges 18 and 19 east, shall be five ($5.00) dollars per acre, and west of the range line between range 18 and 19 east, shall be three ($3.00) dollars per acre. Not more than five sections thereof shall be sold in any one block. Before executing any contract of sale, the commissioner shall, in the event of sale on deferred payment plan or deed in the event of sale for cash, require the purchaser to subscribe and swear to an affidavit in writing that the purchase is made in good faith solely for the benefit of such purchaser and not for any other person, and false swearing to any such affidavit shall be perjury and punishable as such under the laws of the state and shall render such contract or deed void.

The timber on such lands before any such sale shall be cruised and classified as to its kind and character and appraised according to its stumpage market value, and the minimum price for such timber shall be two dollars ($2.00) dollars per thousand feet for saw timber, provided that the minimum price for white fir (balsam) shall not be less than one ($1.00) [dollar] per thousand feet, board measure.

History: Laws 1923, ch. 101, § 3; C.S. 1929, § 132-166; Laws 1935, ch. 105, § 1; 1941 Comp., § 8-1203; 1953 Comp., § 7-12-3.

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

Cross references. — For false swearing in application for lease or purchase of state lands, or appraisement of same, see 19-7-7 NMSA 1978.

For perjury in general, see 30-25-1, 30-25-2 NMSA 1978.

Intent of section. — Laws 1935, ch. 105, § 1, effectively limits timberland sales to small tracts, thus making it possible for interested persons with small means to compete fairly with the capitalist, but there was no intention in this enactment to require that the lands embraced in one sale be contiguous. 1952 Op. Att'y Gen. No. 52-5614.

Am. Jur. 2d, A.L.R. and C.J.S. references. — Statute of frauds: sale or contract for sale of standing timber as within provisions of statute of frauds respecting sale or contract of sale of real property, 7 A.L.R.2d 517.

Description: sufficiency of description in standing timber deed or contract, 35 A.L.R.2d 1422.

Size and kind of trees contemplated by contract, 72 A.L.R.2d 727.

Construction of standing timber contract providing that trees to be cut and order of cutting shall be as selected by seller, 79 A.L.R.2d 1243.

73A C.J.S. Public Lands § 50.