Rentals shall constitute a first lien on any and all improvements and crops upon the land leased, prior and superior to any other lien or encumbrance whatsoever whether created with or without notice of the lien for rental due or to become due. When any rental is due and unpaid the commissioner may forthwith attach, without attachment bond, all improvements and crops upon the land leased, or so much thereof as may be sufficient to pay such rental together with all costs necessarily incurred in the enforcement of such lien, and the enforcement of such lien shall work a forfeiture of such lease. The failure of any lessee of state land to pay the rental therefor when due or to furnish additional security for any deferred payment, when required by the commissioner, shall be sufficient cause for declaring any such lease forfeited.

History: Laws 1912, ch. 82, § 16; Code 1915, § 5193; C.S. 1929, § 132-116; 1941 Comp., § 8-833; 1953 Comp., § 7-8-36.

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

Cross references. — For forfeiture on failure to comply with contract of purchase, see 19-7-19 NMSA 1978.

For forfeiture of agricultural or grazing leases, see 19-7-35 NMSA 1978.

For forfeiture procedure on violation of lease or other written instrument, see 19-7-50 NMSA 1978.

For forfeiture for defrauding state of royalties, see 19-8-1 NMSA 1978.

For forfeiture on failure to develop and operate mineral lands in workmanlike manner, see 19-8-13 NMSA 1978.

For forfeiture of certain mineral leases for violation thereof, see 19-8-27 NMSA 1978.

For forfeiture on failure to comply with coal lease, see 19-9-13 NMSA 1978.

For cancellation of oil and gas lease, see 19-10-20 NMSA 1978.

For forfeiture of timberlands purchase contract for failure to observe protective regulations, see 19-11-4 NMSA 1978.

For forfeiture of lease under Geothermal Resources Act, see 19-13-23 NMSA 1978.

Options on default. — Where the lessee of a grazing lease of public lands had defaulted on payments of notes, the commissioner had the option to look to lessee and endorsers for payment, and to the security of the lien on improvements, or cancel the lease. An acceleration clause in the lease is within the power of the commissioner to insert. Raynolds v. Hinkle, 1933-NMSC-060, 37 N.M. 493, 24 P.2d 738.

Am. Jur. 2d, A.L.R. and C.J.S. references. — Subrogation of lessee in respect of liens superior to his lease, 1 A.L.R.2d 286.

Tenant's right to lien, in absence of agreement therefor, for improvements made on leased premises, 25 A.L.R.2d 885.

Compensation for improvements made or placed on premises of another by mistake, 57 A.L.R.2d 263.