Every lessee of state lands shall protect the land leased by him from waste or trespass by unauthorized persons, and failure so to do shall subject his lease to forfeiture and cancellation in the manner hereinbefore prescribed in this chapter, and the attorney general may bring suit for damages caused by any such waste or trespass.
History: Laws 1912, ch. 82, § 50; Code 1915, § 5228; C.S. 1929, § 132-151; 1941 Comp., § 8-705; 1953 Comp., § 7-7-5.
Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes. — The words "in this chapter" were inserted by the 1915 Code compilers. The words "this chapter" evidently refers to chapter 102 of the 1915 Code, §§ 5178 to 5290, compiled herein as 19-1-1 to 19-1-6, 19-1-9 to 19-1-16, 19-1-21, 19-2-1, 19-5-3 to 19-5-10, 19-6-1 to 19-6-7, 19-7-1, 19-7-7, 19-7-8, 19-7-11, 19-7-13, 19-7-19 to 19-7-22, 19-7-25, 19-7-27 to 19-7-30, 19-7-34, 19-7-36, 19-7-50, 19-7-51, 19-7-52, 19-7-53, 19-7-57, 19-7-58, 19-7-64 to 19-7-67, 19-8-1 to 19-8-3, 19-8-10, 19-8-12, 19-8-13, 19-9-1 to 19-9-8 and 19-11-10 NMSA 1978.
Cross references. — For procedure for forfeiture and cancellation of lease of state lands for violation of provisions thereof, see 19-7-50 NMSA 1978.
Law obligates lessee of state land to protect it from trespass and waste by unauthorized persons. Burguete v. Del Curto, 1945-NMSC-025, 49 N.M. 292, 163 P.2d 257.
Land commissioner's consent necessary for lessee to sublet state lands or permit others to use same. Burguete v. Del Curto, 1945-NMSC-025, 49 N.M. 292, 163 P.2d 257.
Standing to sue. — A plaintiff who had become a joint owner of a state land lease without commissioner's knowledge or consent could not litigate the question of whether the defendant as actual lessee held lease under trust relationship entitling plaintiff to an equal undivided interest therein. Burguete v. Del Curto, 1945-NMSC-025, 49 N.M. 292, 163 P.2d 257.
Parties in trespass complaint. — Cross-complaint of lessee of state land for trespass did not require the presence of the land commissioner as an indispensable party where no issues relating to public policy or the enforcement of a state lease were involved. Sproles v. McDonald, 1962-NMSC-071, 70 N.M. 168, 372 P.2d 122.
Law reviews. — For note, "Forest Fire Protection on Public and Private Lands in New Mexico," see 4 Nat. Resources J. 374 (1964).
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