A state land office is hereby created, the executive officer of which shall be the commissioner of public lands, hereinafter called the commissioner, who shall have jurisdiction over all lands owned in this chapter by the state, except as may be otherwise specifically provided by law, and shall have the management, care, custody, control and disposition thereof in accordance with the provisions of this chapter and the law or laws under which such lands have been or may be acquired.

History: Laws 1912, ch. 82, § 1; Code 1915, § 5178; C.S. 1929, § 132-101; 1941 Comp., § 8-101; 1953 Comp., § 7-1-1.

Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.

Compiler's notes. — The words "who shall have jurisdiction over all lands owned in this chapter by the state" appear in the 1915 Code but not in the 1912 statute, which read: "who shall have jurisdiction over all lands now owned or hereafter acquired by the state." The words "this chapter" evidently refers to chapter 102 of the 1915 Code, §§ 5178 to 5290, compiled herein as 19-1-1 to 19-1-6, 19-1-9 to 19-1-16, 19-1-21, 19-2-1, 19-5-3 to 19-5-10, 19-6-1 to 19-6-7, 19-7-1, 19-7-7, 19-7-8, 19-7-11, 19-7-13, 19-7-19 to 19-7-22, 19-7-25, 19-7-27 to 19-7-30, 19-7-34, 19-7-36, 19-7-50, 19-7-51, 19-7-52, 19-7-53, 19-7-57, 19-7-58, 19-7-64 to 19-7-67, 19-8-1 to 19-8-3, 19-8-10, 19-8-12, 19-8-13, 19-9-1 to 19-9-8 and 19-11-10 NMSA 1978.

Cross references. — For duty to obtain data and information on state lands, and classify same, see 19-5-1 NMSA 1978.

For constitutional duties of commissioner of public lands, see N.M. Const., art. XIII, § 2.

Rulemaking authority of commissioner limited. — The commissioner has no authority to promulgate rules or regulations inconsistent with legislative enactments governing mineral leases on public lands. Harvey E. Yates Co. v. Powell, 98 F.3d 1222 (10th Cir. 1996).

The commissioner exceeded his authority and usurped a legislative function in promulgating the definition of "proceeds" in a rule so that it would require state lessees to pay royalties even when gas was not extracted from the leased premises. Harvey E. Yates Co. v. Powell, 98 F.3d 1222 (10th Cir. 1996).

Extent of commissioner's jurisdiction. — The New Mexico legislature intended the jurisdiction of the commissioner of public lands to extend only so far as those lands acquired by the state pursuant to acts of congress. 1980 Op. Att'y Gen. No. 80-10.

Law reviews. — For article, "The West and Its Public Lands; Aid or Obstacle to Progress?" see 4 Nat. Resources J. 1 (1964).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 63A Am. Jur. 2d Public Lands §§ 1 to 3, 12 to 38.

73A C.J.S. Public Lands § 180.