When the corporate authorities of any town, or the probate judge of the county for any county in this state, in which any town may be situated, shall have entered, at the proper land office, the land, or any part of the land, settled and occupied as the site of such town, pursuant to and by virtue of the provisions of the act of congress entitled, "An act for the relief of citizens of towns upon lands of the United States under certain circumstances," passed May 23, 1844, and any amendments that may be made thereto, it shall be the duty of the corporate authorities or probate judge, as the case may be, and they are hereby directed and required to dispose of and convey the title to such land, or to the several blocks, lots, parcels or shares thereof, to the persons hereinafter in this chapter described, and in the manner hereinafter specified, and apply the proceeds of the sale thereof under the following regulations.
History: Laws 1882, ch. 70, § 1; C.L. 1884, § 2775; C.L. 1897, § 3978; Code 1915, § 5519; C.S. 1929, § 144-107; 1941 Comp., § 8-507; 1953 Comp., § 7-5-7.
Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes. — The words "this chapter" were inserted by the 1915 Code compilers, and referred to chapter 108 of that code, which is identical with this article.
The Townsite Act of May 23, 1844 (5 Stat. 657), referred to in this section, is not compiled in the United States Code.
Cross references. — For sale of common lands within community land grants, see 49-1-11 NMSA 1978.
Nature of railroad right-of-way. — A railroad company, by complying with the act of congress, giving it a right to lands for right-of-way and station purposes, takes a limited fee therein, to which no other person can acquire any right or title, either by adverse possession or by grant from the company itself; hence, a claimant of lots in a townsite which embraces a part of such right-of-way and station grounds is not entitled to a deed from the probate judge including any portion thereof. Dugan v. Montoya, 1918-NMSC-035, 24 N.M. 102, 173 P. 118.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 73A C.J.S. Public Lands § 54.
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