A. The commissioner shall hold a public sale of oil and gas leases upon lands which may be open to lease and embraced within the restricted district or districts created and which may be created under Section 19-10-16 NMSA 1978 on the third Tuesday of each month or on the next business day following, where the third Tuesday falls on a legal holiday, and shall offer for lease such lands in designated tracts to the highest and best bidder. All sales of leases upon competitive bidding or a public auction shall be governed by regulations issued by the commissioner not in conflict with the provisions of Chapter 19, Article 10 NMSA 1978. Notice of such sales shall be given by posting in a conspicuous place in the state land office, not less than ten days before the date of sale, a notice of the sale specifying the day and hour when and the place where the sale will be held and specifying the following for each tract to be offered for lease:

(1) a description of the lands;

(2) the form of lease to be used;

(3) the royalty rate; and

(4) the annual rental per acre to be paid.

B. The commissioner may, when it is deemed to be for the best interests of the beneficiaries of such lands, also specify a minimum bonus to be paid for the leases upon the respective tracts, and, when so specified, the bonus shall be paid in addition to the first year's rental. The notice shall also contain such other information as the commissioner may deem advisable or necessary. Sales may be conducted through sealed bids or at public auction or by both methods combined, but the method of conducting each sale shall be stated in the notice of sale required pursuant to this section. Sales may be held at the option of the commissioner either in the office of the commissioner or at the county seat of the county in which the lands, or the greater part thereof, are situated or such other place within the state as the commissioner may designate in the notice of public auction provided for in this section. The commissioner is authorized to give such additional notice of the sales, either by publication in newspapers or by mailing copies of the notice of sale to interested persons, firms or corporations, as he may deem necessary to give proper publicity thereto. The commissioner shall have the right to reject all bids received at any sale for the lease upon any tract but shall not reject any bids made in conformity with the regulations and provisions of Chapter 19, Article 10 NMSA 1978 without rejecting all bids applicable to the same tract of land. Leases sold at sales as provided in this section shall be awarded to the respective bidders offering the largest bonus, which shall be paid in addition to the first year's rental, or, where a minimum bonus is not specified and no offer of a bonus is received, to the bidder offering the rental specified in the notice of sale which, for the first year, shall not be less than one hundred dollars ($100) for each lease as provided in Section 19-10-15 NMSA 1978. Where two or more sealed bids making the same offer for the same tract are received, the commissioner shall award the lease in accordance with such regulations as he may prescribe. The successful bidders shall file proper applications for the leases purchased and shall complete the payment of any balance due on their bids before the closing of the office of the commissioner on the day of the sale.

History: Laws 1929, ch. 125, § 8; C.S. 1929, § 132-408; Laws 1931, ch. 18, § 6; 1941 Comp., § 8-1110; Laws 1953, ch. 45, § 1; 1953 Comp., § 7-11-11; Laws 1981, ch. 97, § 1; 1985, ch. 195, § 7.

Cross references. — For publication of legal notice, see 14-11-1 NMSA 1978 et seq.

The 1985 amendment, effective June 14, 1985, designated the formerly undesignated first three sentences as Subsection A, dividing the former third sentence into introductory language and Paragraphs (1) and (4); in the introductory paragraph of Subsection A, deleted "therefor" at the end of the first sentence and substituted "Chapter 19, Article 10 NMSA 1978" for "Sections 19-10-1, 19-10-3, and 19-10-12 through 19-10-25 NMSA 1978" at the end of the second sentence and "a notice of the sale" for "a notice of same" and "and specifying the following for each tract to be offered for lease" for "giving" in the third sentence; deleted "in each tract to be offered for lease" at the end of Subsection A(1); inserted Subsections A(2) and A(3); deleted "by the lessee" at the end of Subsection A(4); designated the formerly undesignated last nine sentences as Subsection B; and, in Subsection B, substituted "beneficiaries of such lands" for "state" and "the bonus" for "the same" in the first sentence and "pursuant to this section" for "herein" at the end of the third sentence, inserted "the" preceding "greater part thereof" and substituted "in this section" for "herein" in the fourth sentence, substituted "Chapter 19, Article 10 NMSA 1978" for "Sections 19-10-1, 19-10-3, and 19-10-12 through 19-10-25 NMSA 1978" and deleted "or tracts" following "applicable to the same tract" in the sixth sentence, substituted "in this section" for "herein" near the beginning of the seventh sentence and deleted "thereon" following "the commissioner shall award the lease" in the eighth sentence.

Discretion of commissioner. — Commissioner may advertise, offer and lease oil and gas lands upon a basis of the state receiving more than one-eighth royalty from the highest and best bidder as he may deem for the best interests of the state. 1945 Op. Att'y Gen. No. 45-4750.