Whenever the owner or lessee of any mining property in the state of New Mexico shall desire to operate the same and to prevent trespassers from entering thereon, such owner or lessees [lessee] may post notices in English and Spanish in at least three public places upon said premises, warning all persons from entering upon said property without permission of the owner or lessee or his or their authorized agent or superintendent, which notices shall describe the boundaries of said property.
History: Laws 1905, ch. 28, § 1; Code 1915, § 3516; C.S. 1929, § 88-703; 1941 Comp., § 67-218; 1953 Comp., § 63-2-18.
Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Cross references. — For publication in lieu of posting, see 14-11-12 NMSA 1978.
Applies only when property operated. — This section and the penalty provision contemplate the posting of mining property only in case the property is being operated. One making delivery of goods ordered by a tenant in dwelling house on the property is not liable to the penalty. State v. Vincioni, 1925-NMSC-009, 30 N.M. 472, 239 P. 281.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 53A Am. Jur. 2d Mines and Minerals §§ 379, 380, 381.
Trespass by lessee, liability of lessor of mining property to true owner, 127 A.L.R. 1020.
Injunction against repeated or continuing trespasses on real property, 60 A.L.R.2d 310.
Recovery for unauthorized geophysical or seismograph exploration or survey, 67 A.L.R.2d 444.
58 C.J.S. Mines and Minerals § 45.
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