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Home » US Law » 2021 New Mexico Statutes » Chapter 19 - Public Lands » Article 3 - Occupation of Public Lands

Section 19-3-10 – [Jurisdiction of magistrate and of district court.]

When the damages claimed shall not exceed one hundred dollars [($100)], judgment shall be rendered against the party as in a civil action the same as in other civil actions, but should they exceed one hundred dollars [($100)], then and in this case the party aggrieved shall apply in the district court for his justification […]

Section 19-3-11 – [Unlawful enclosure of public lands.]

It shall not be legal for any person or persons, company or corporation, to construct and maintain inclosures [enclosures] upon land considered and held as public land in this state, nor to apply the same to private use, which may result in prejudice to the citizens thereto, unless the same be made and sustained in […]

Section 19-3-12 – [Occupying or denying others use of public land; penalty.]

Any person who shall, contrary to the provisions of the preceding section [19-3-11 NMSA 1978], be found occupying, or trying to deprive others of the free use and pasturing upon the public land, under the pretext of a deed, upon conviction thereof before any court having jurisdiction in the matter, shall be fined in a […]

Section 19-3-14 – [Second or subsequent use of range; conditions.]

Whenever any person, company or corporation turns loose on any range in this state, already occupied or in the possession of another or others by virtue of their having complied with the provisions of the preceding section [19-3-13 NMSA 1978], he or they must be the owner or owners of, or must be lawfully entitled […]

Section 19-3-16 – [Each day’s violation a separate offense.]

Each day’s violation of the provisions of the first two sections [19-3-13, 19-3-14 NMSA 1978] of this chapter shall be and constitute a separate cause of action against any person, company or corporation violating the same. History: Laws 1889, ch. 61, § 4; C.L. 1897, § 130; Code 1915, § 4631; C.S. 1929, § 111-104; […]

Section 19-3-2 – [Copy of record as evidence.]

The original notice when recorded, the record thereof provided for in the previous section [19-3-1 NMSA 1978], and a duly certified copy of said record shall be received in evidence with the same effect as deeds of conveyances, their records and copies thereof are now received under the laws of this state, in the trial […]

Section 19-3-4 – [Timber and articles reduced to possession; property right.]

Timber or other articles of value on the lands of the United States, reduced to possession by any person, shall be deemed the property of such person against all persons except the United States, or some person claiming under them. History: Laws 1851-1852, p. 274; C.L. 1865, ch. 86 (2d), § 2; C.L. 1884, § […]

Section 19-3-5 – [Common pastures.]

All public lands, proper for pasturing horned cattle, sheep and horses, of any class whatever, are reserved for such purpose, and declared common pastures. History: Laws 1861-1862, p. 274; C.L. 1865, ch. 86 (2d), § 4; C.L. 1884, § 2573; C.L. 1897, § 3747; Code 1915, § 4636; C.S. 1929, § 111-109; 1941 Comp., § […]

Section 19-3-6 – [Use of common pasturage.]

Said lands shall not be used by any person as private property, but shall be held as public property for the use of any person, and common to all. History: Laws 1861-1862, p. 274; C.L. 1865, ch. 86 (2d), § 5; C.L. 1884, § 2574; C.L. 1897, § 3748; Code 1915, § 4637; C.S. 1929, […]

Section 19-3-7 – [Meadows in common pastures; enclosure for hay.]

All persons are prohibited from occupying any meadow situated upon the public lands, and known as public pasture ground, for the purpose of speculating with the hay thereon, to the great detriment of the entire community: provided, however, one hundred and sixty acres may be so occupied by enclosing the same with a secure fence, […]

Section 19-3-8 – [Exclusive occupation of meadow; penalty; civil damages.]

Should any person, contrary to the provisions of the preceding section [19-3-7 NMSA 1978], take possession of and appropriate to himself any such meadow with the object of selling the hay thereof, or to impede or prevent animals from grazing thereupon, or kill or otherwise injure such animals, the same shall be liable to punishment […]

Section 19-3-9 – [Proceedings before magistrate.]

The justice of the peace [magistrate] before whom complaint shall have been made for a violation of the two foregoing sections [19-3-7, 19-3-8 NMSA 1978], shall immediately enter upon the due investigation of the same, as by law required in the case of other offenses, and shall transmit his proceedings to the proper court. History: […]