Whenever the words "owners and proprietors" are used in this act they shall in all cases be construed to mean the members of the colony, community or town to which said grant was made, being all of the class of persons who were determined by the district court to be the owners thereof at the time of the incorporation of such grant by virtue of the act of February 26, 1891, and their descendants, residing within the exterior boundaries of such grant who have so resided continuously for not less than two years, and who own land in common within such exterior boundaries, and have paid taxes thereon. Providing, however, that only such persons as are defined in this section shall be qualified or permitted to participate in the elections provided in this chapter or to hold office as an officer or trustee of the grant.
History: Laws 1917, ch. 3, § 18; C.S. 1929, § 29-218; Laws 1939, ch. 202, § 1; 1941 Comp., § 9-218; 1953 Comp., § 8-2-18; Laws 1961, ch. 158, § 2.
Repealing saving clauses. — Laws 1917, ch. 3, § 19, provided that: "All acts or parts of acts in conflict with this act are hereby repealed, and especially said act of the legislative assembly of the territory of New Mexico, approved February 26, 1891, and the said act of said legislative assembly, approved March 18, 1897, but this repeal shall not affect the corporate existence of any corporation organized or incorporated under either of said acts."
The term "this act" and "this chapter" both refer to Laws 1917, ch. 3, §§ 1 to 20, compiled as 49-2-1 to 49-2-17 NMSA 1978.
Rights, etc., acquired by descendants of original owners. — The descendants of the original owners of beneficial interests in the common lands have acquired by descent, or devise, whatever rights, privileges and interests their ancestors possessed. Armijo v. Town of Atrisco, 1957-NMSC-045, 62 N.M. 440, 312 P.2d 91.
Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.
LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.
The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.
You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.
The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.
Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.