In the event of the cancellation or forfeiture of any lease issued under the provisions of this act [19-10-11, 19-10-26 to 19-10-30 NMSA 1978] from any cause whatever, the lessee or assignee shall be permitted to remove any and all improvements from the lands which lessee can remove without injury thereto, provided, however, that the commissioner of public lands may require that all or any part of the casing shall be left in any well which is productive of water when he shall deem it to the interest of the state to maintain said well, or wells, for water, and in such case the lessee shall be paid the reasonable value of the casing therein.

History: Laws 1925, ch. 137, § 8; C.S. 1929, § 132-426; 1941 Comp., § 8-1122; 1953 Comp., § 7-11-23.

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

Cross references. — For right, in general, of owner of improvements on state lands to be compensated for same by purchaser or subsequent lessee, see 19-7-14 NMSA 1978.

For removal of removable improvements and forfeiture of others by mineral lessee, see 19-8-29 NMSA 1978.

For payment by purchaser or subsequent lessee of oil and gas lands of value of improvements, to owner thereof, see 19-10-28 NMSA 1978.

For removal by lessee under Geothermal Resources Act of removable improvements, and forfeiture of rest, see 19-13-24 NMSA 1978.

Am. Jur. 2d, A.L.R. and C.J.S. references. — What are improvements, alterations or additions, within lease provisions permitting or prohibiting tenant's removal thereof at termination of lease, 30 A.L.R.3d 998.