A person claiming a refund under the provisions of Sections 19-7-59 through 19-7-63 NMSA 1978 shall file with the commissioner of public lands a written claim for refund, stating the amount claimed to have been erroneously paid and the reasons why such payment was erroneously made. All claims for refund of money shall be filed within ninety days after notice. If an erroneous payment of any money is discovered by the commissioner of public lands, notice of the discovery shall be given by the commissioner of public lands, as soon after the discovery as possible, by registered mail to the last recorded address of the person making the erroneous payment. A claim for a refund that is not filed with the commissioner of public lands within six years from the date the erroneous payment was made shall be forever barred; provided that if notice of an erroneous payment is given less than ninety days before the end of the six-year limitation, the period of time to file a claim shall be extended beyond the six-year limitation for the number of days necessary to provide ninety days to file the claim.
History: Laws 1931, ch. 99, § 2; 1941 Comp., § 8-859; 1953 Comp., § 7-8-64; Laws 1979, ch. 234, § 2; 2007, ch. 61, § 2.
The 2007 amendment, effective July 1, 2007, barred claims for refund of erroneous payments after six years from the date of payment, but extends the time to file a claim after the six-year limitation period up to 90 days if a notice of erroneous payment is given less than 90 days before the end of the six-year limitation.
Limitations inapplicable. — The statute on limitation of actions has no application to proceedings under Laws 1931, ch. 99 (Sections 19-7-59 to 19-7-63 NMSA 1978), and the commissioner of public lands should consider claims filed for refund of payments erroneously made regardless of time. 1932 Op. Att'y Gen. No. 32-506.
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