Whenever real estate has been deeded to the state of New Mexico or any municipality thereof as a gift or donation, and without payment by the state or municipality of any money consideration, said real estate to be used for a specific purpose, and said real estate has not been used for the specific purpose for which it was conveyed, for a period of five years from the date of the original deed, or for a period of five years next preceding the time of the filing of the action herein provided for, it shall be lawful for the donor or donors, or their successors in interest, to institute an action in state district court of the county in which said real estate is situate, against the state of New Mexico or said municipality, for the recovery of said real estate by said donors or their successors in interest, or for the cancellation of said deed or deeds whereby the state or municipality took title, and if the court shall determine that said real estate has not been used for the specific purpose for which it was donated as hereinbefore provided, it shall render judgment decreeing ownership of said real estate in the donors or their successors in interest, or for cancellation of the deeds to said state or municipality.

History: 1941 Comp., § 75-124, enacted by Laws 1947, ch. 123, § 1; 1953 Comp., § 70-1-45.

Limited to conveyance to be used for specific state purpose. — Section has reference to conveyances of property to be used for state or municipal purposes, the title to remain in the state or municipality. Lord v. City of Santa Fe, 1950-NMSC-035, 54 N.M. 244, 220 P.2d 709.

Section not applicable to dedication offers. — This section does not apply to a situation where a plat or map has been filed in the office of the county clerk by the owner of real property which has been subdivided, in which he offers to dedicate the streets shown on the map to the use of the public which offer is subject to acceptance before the dedication is complete. City of Carlsbad v. Neal, 1952-NMSC-063, 56 N.M. 465, 245 P.2d 384.