The commissioner of public lands of the state of New Mexico shall determine the annual rental to be charged for grazing lands belonging to the state, and such rentals shall be based upon the classification and valuation herein provided for and upon the appraisal required by the act of congress granting the lands to the state. The commissioner shall, as soon as practicable, classify and determine the value of all grazing lands belonging to the state, and in such determination, shall take into consideration the carrying capacity of such lands; that is, the number of livestock such lands will reasonably carry per annum without injury to such lands. In determining such carrying capacity, the commissioner may take into consideration the determination by the grazing service of the bureau of land management, by the soil conservation service, by the forest service or by any other federal agency, of the carrying capacity of similar lands, and may also take into consideration the carrying capacity of similar patented lands as determined by the New Mexico state tax commission [property tax division of the taxation and revenue department] or other taxing authorities. In determining such capacity, five sheep shall be considered the equivalent of one cow, and the commissioner may determine such carrying capacity by counties or some natural division instead of by individual sections or leases. All appraisals of state grazing land hereafter made shall set out the opinion of the appraiser as to the average carrying capacity of the land appraised. The commissioner shall at all times take into consideration economic conditions in arriving at the value of grazing lands for leasing purposes, and shall have the power, in renewing any lease, to reduce the minimum rentals hereinafter set out by not more than thirty-three and one-third percent, if severe drouth or economic conditions, in his judgment, require such reduction. All leases for grazing purposes entered into for any period beginning after the effective date of this act [section] shall carry a minimum annual rental per acre as follows:

Number of cows the land will carry per section Annual rental 5 head and less 3 cents per acre 6 head 4 cents per acre 7 head 5 cents per acre 8 head 6 cents per acre 9 head 7 cents per acre 10 head 8 cents per acre 11 head 9 cents per acre 12 head 10 cents per acre 13 head 11 cents per acre 14 head 12 cents per acre 15 head 13 cents per acre 16 head 14 cents per acre 17 head 15 cents per acre 18 head 16 cents per acre 19 head 17 cents per acre 20 head 18 cents per acre 21 head 19 cents per acre 22 head 20 cents per acre 23 head 21 cents per acre 24 head and over 22 cents per acre

Any state grazing leases which, at the time of the passage and approval of this act [section], are subject to any civil action by the government of the United States or are subject to any supplemental agreement with the United States government in any land acquisition program by the United States in the establishment of military reservations within this state, shall not be subject to the minimum rates established by this act [section], but shall be at the rate established and ordered by the commissioner of public lands.

History: Laws 1912, ch. 82, § 13; Code 1915, § 5190; Laws 1915, ch. 73, § 2; 1921, ch. 14, § 1; C.S. 1929, § 132-113; 1941 Comp., § 8-830; Laws 1951, ch. 123, § [1]; 1953 Comp., § 7-8-30; Laws 1961, ch. 38, § 1.

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

Section 72-6-1, 1953 Comp., providing for a state tax commission, was repealed by Laws 1970, ch. 31, § 22. Laws 1970, ch. 31, §§ 21 and 22, compiled as 72-25-20, 72-25-21, 1953 Comp., establishing the property appraisal department, were repealed by Laws 1974, ch. 92, § 34 (amending Laws 1973, ch. 258, § 156), effective January 1, 1975. Laws 1973, ch. 258 and Laws 1974, ch. 92, dealt with the property tax department, which department was given authority for valuation of property for tax purposes. Laws 1977, ch. 249, § 45, compiled as 7-2-2 NMSA 1978, abolished the property tax department. The taxation and revenue department, consisting of several divisions, including a property tax division, was established by Laws 1977, ch. 249, § 4, compiled as 9-11-4 NMSA 1978.

Cross references. — For appraisement of state land by lease applicants, see 19-7-1 NMSA 1978.

For false swearing in purchase or lease application or appraisement, see 19-7-7 NMSA 1978.

For requirement of appraisal of all grant lands prior to disposal thereof, see § 10 of the Enabling Act. For the Enabling Act, see the New Mexico Territorial Laws and Treaties on NMOneSource.com.

Rental rate. — Under this section prior to the 1915 amendment, the appraised value of lands could be less than the $5.00 per acre fixed by the Enabling Act, and leasing by the commissioner at five cents an acre was not error. Makemson v. Dillon, 1918-NMSC-040, 24 N.M. 302, 171 P. 673 (decided under prior law).

Classification to establish rental. — Under this section, prior to its 1951 amendment, the grazing lands of the state could all be put in one classification by the land commissioner and the minimum rental charged. 1923 Op. Att'y Gen. No. 23-3730 (rendered under prior law).