Any person, association of persons or corporation, in any manner entering upon, occupying or using for any purpose whatsoever any land belonging to the state, without having leased or purchased the same, or obtained a legal right to the use or occupation of the same, or any lessee of lands who shall not vacate same within thirty days after expiration or cancellation of his lease, or any person, association of persons or corporation constructing a ditch, reservoir, railroad, tramway, public or private road, telegraph, telephone or power line upon state lands, without legal authority, or any person, association of persons or corporation, whether lessee or not, committing waste upon any state lands or any lessee who shall use the lands leased for any purpose other than that specified in the lease, or purposes incident thereto, shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not more than five hundred dollars [($500)], and in default of payment thereof by imprisonment not to exceed six months. Each day's violation of any of the provisions of this section shall constitute a separate offense.

History: Laws 1912, ch. 82, § 48; Code 1915, § 5226; C.S. 1929, § 132-149; 1941 Comp., § 8-703; 1953 Comp., § 7-7-3.

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

Cross references. — For offense of criminal trespass, see 30-14-1 NMSA 1978.

For offense of wrongful use of public property, see 30-14-4 NMSA 1978.

For exemptions of state and federal government from property posting requirements, see 30-14-6 NMSA 1978.

For imprisonment for failure to pay fine, see 33-3-11 NMSA 1978.

For use of injunction to prevent trespass on community land grants, see 49-1-16 NMSA 1978.

Remedies. — This section furnishes no remedy to a lessee and is not exclusive of the right to injunction for intentional trespasses upon leased lands. Makemson v. Dillon, 1918-NMSC-040, 24 N.M. 302, 171 P. 673.

Grazing on state lands. — To constitute an offense under this section, it is not necessary that the stock be driven upon the state lands, if they are permitted to graze thereon. 1922 Op. Att'y Gen. No. 22-3498.

No hunting charge by lessee. — The lessee of state lands for grazing purposes may post it against hunting, but cannot charge for hunting privilege. 1934 Op. Att'y Gen. No. 34-818.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 63A Am. Jur. 2d Public Lands § 128.