US Lawyer Database

For Lawyer-Seekers

YOU DESERVE THE BEST LAWYER

Home » US Law » 2021 New Mexico Statutes » Chapter 69 - Mines » Article 3 - Mining Locations and Operations

Section 69-3-1 – Mining claim location and posting notice.

A. Any person or persons desiring to locate a mining claim upon a vein or lode of quartz or other rock in place bearing gold, silver, cinnabar, lead, tin, copper or other valuable deposit must distinctly mark the location on the ground by four substantial posts or monuments, one at each corner of the claim, […]

Section 69-3-10 – [Boundary posts.]

The surface boundaries of mining claims heerafter [hereafter] located shall be marked by four substantial posts or monuments, one at each corner of such claim, so as to distinctly mark the claim on the ground, so that its boundaries can be readily traced, and shall otherwise conform to Section 69-3-1 NMSA 1978. History: Laws 1889, […]

Section 69-3-11 – Relocation.

The relocation of any mining ground, which is subject to relocation, shall be made in the same way as an original location is required by law to be made. History: Laws 1889, ch. 25, § 3; C.L. 1897, § 2300; Code 1915, § 3449; C.S. 1929, § 88-105; 1941 Comp., § 67-205; 1953 Comp., § […]

Section 69-3-12 – Amended and additional location notices.

A. If at any time the owner of any mining claim heretofore or hereafter located, or his assigns, shall apprehend that the original notice of location is defective, erroneous or the requirement of law has not been complied with before filing, or shall be desirous of changing his surface boundaries or to take in any […]

Section 69-3-12.1 – Annual labor and annual filings.

The owner of an unpatented lode or placer mining claim shall, prior to December 31 of each year following the calendar year in which such claim was located, file for record in the office of the clerk of the county in which the mining claim is located either a notice of intention to hold the […]

Section 69-3-15 to 69-3-17 – Repealed.

ANNOTATIONS Repeals. — Laws 1981, ch. 310, § 7, repealed 69-3-15 to 69-3-17 NMSA 1978, relating to annual labor and evidence of assessment work, effective May 20, 1981. For present provisions, see 69-3-12.1 NMSA 1978.

Section 69-3-22 – [Size of placer mining claims.]

The size of the claim or claims to be located under Sections 69-3-19 to 69-3-21 NMSA 1978 [repealed], and the amount of annual assessment work to be done thereon in order to hold possession of and secure patent to the same shall be the same as provided by Revised Statutes of the United States. History: […]

Section 69-3-24 – [No trespassing notices.]

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 […]

Section 69-3-25 – [Penalty for trespass; exceptions.]

After the posting of such notices, it shall be unlawful for any person to enter upon said premises without such permission, and any person violating the provisions of the proceding [preceding] section [69-3-24 NMSA 1978] shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by fine not exceeding fifty dollars […]

Section 69-3-26 – [Trespass against person rightfully in possession.]

When any person, firm or corporation shall be lawfully and peaceably in possession of any mining claim in this state and shall have complied with all the requirements of law and regulations in force in the district in which said mining claim is situated, such persons, firm or corporation shall be deemed to be the […]

Section 69-3-27 – [Trespass by livestock; liability of owner.]

The owner of any livestock in this state shall not be liable to the owner or his agent or [of] any mining or mineral claim or millsite for damages done by way of trespass upon the same by said livestock other than for actual damage done to buildings, tents, mining supplies or other personal property […]

Section 69-3-28 – [Termination of lease; thirty days’ notice.]

Hereafter any lease upon any mine, or portion of a mine, not given in writing, for a specified time, shall not be terminated until after notice of the date of such termination, given by the lessor to the lessee, not less than thirty days prior to such date of termination. History: Laws 1891, ch. 73, […]

Section 69-3-30 – [Stockholders; right of entry and examination of mines.]

Any person owning stock in any corporation or company owning or operating mines in this state, shall at any time during the business hours of the day, have the right to enter in and upon any and all mines of such corporation or company, and all underground workings connected therewith for the purpose of examining […]

Section 69-3-31 – [Denial to stockholders of right of entry; penalty.]

Every corporation or company or officer or agent of such corporation or company who shall refuse to allow upon demand, any person owning stock in such corporation or company, to enter such mines, as in the preceding section [69-3-30 NMSA 1978] provided, shall be guilty of a misdemeanor, and the corporation or company shall forfeit […]