A person or corporation aggrieved by a ruling or decision of the commissioner affecting his interest in any lease issued under or affected by the provisions relating to oil and gas leases of state lands may file an appeal pursuant to the provisions of Section 39-3-1.1 NMSA 1978.
History: Laws 1929, ch. 125, § 16; C.S. 1929, § 132-416; 1941 Comp., § 8-1116; 1953 Comp., § 7-11-17; Laws 1959, ch. 198, § 1; 1998, ch. 55, § 29; 1999, ch. 265, § 30.
Cross references. — For provision, rule governing appeals to district court, see 39-3-2 NMSA 1978 and Rule 12-201.
For procedures governing administrative appeals to the district court, see Rule 1-074 NMRA.
The 1999 amendment, effective July 1, 1999, substituted "Section 39-3-1.1" for "Section 12-8A-1".
The 1998 amendment, effective September 1, 1998, rewrote this section to the extent that a detailed comparison is impracticable.
Consent to suit. — In an action brought under this section against the commissioner of public lands to compel him to rescind his cancellation of certain oil and gas leases, it was held that the state not only has waived its immunity but has consented to be sued in a court of equity in which equitable principles must control. Durell v. Miles, 1949-NMSC-033, 53 N.M. 264, 206 P.2d 547.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 38 Am. Jur. 2d Gas and Oil § 283.
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