State saline lands and state lands known to contain valuable minerals, petroleum or natural gas in paying quantities, and sections of state lands adjoining lands upon which there are producing mines, oil wells or gas wells, or which are known to contain valuable minerals, petroleum or natural gas in paying quantities, shall not be sold, but may be leased as provided in this chapter.

History: Laws 1912, ch. 82, § 40a; Code 1915, § 5218; C.S. 1929, § 132-141; 1941 Comp., § 8-826; 1953 Comp., § 7-8-26.

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

Compiler's notes. — The words "this chapter" apparently refer to ch. 102 of the 1915 Code, §§ 5178 to 5290, the presently effective sections of which are compiled herein as 19-1-1, 19-1-2, 19-1-4 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 to 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, 19-11-10 NMSA 1978.

Cross references. — For leases of potassium lands, see 19-8-4 NMSA 1978 et seq.

For leases of saline lands, see 19-8-10, 19-8-11 NMSA 1978.

For leases of coal lands, see 19-9-9 NMSA 1978 et seq.

For leases of oil and gas lands, see 19-10-1 NMSA 1978 et seq.

For issuance of limited patent with reservation of minerals on lands sold on deferred payments with reservation of minerals or classified as mineral lands prior to full payment or issuance of patent, see 19-10-27 NMSA 1978.

For reservation of geothermal resources in leases, deeds or sales contracts of state lands, see 19-13-16 NMSA 1978.

For reservation of mineral purchase rights on state lands leased or conveyed, see 19-14-1 to 19-14-3 NMSA 1978.

"Lands known to contain valuable minerals". — Lands upon which metals or minerals have been discovered in rock, in place, are "lands known to contain valuable minerals" within the meaning of this section. State ex rel. Otto v. Field, 1925-NMSC-019, 31 N.M. 120, 241 P. 1027.

Construction of section. — The prohibition against sale of mineral lands is a prohibition against sale of the mineral content, not the surface, and in this construction § 10 of the Enabling Act is not offended. State ex rel. Otto v. Field, 1925-NMSC-019, 31 N.M. 120, 241 P. 1027.

Mineral rights to be leased. — Mineral content of state lands is to be disposed of only on lease, from which state is to derive royalties. State ex rel. Otto v. Field, 1925-NMSC-019, 31 N.M. 120, 241 P. 1027.

Severance of surface rights. — Commissioner of public lands may sever surface rights from mineral rights and reserve the one and sell the other. Terry v. Midwest Ref. Co., 64 F.2d 428 (10th Cir.), cert. denied, 290 U.S. 660, 54 S. Ct. 74, 78 L. Ed. 571 (1933); State ex rel. Otto v. Field, 1925-NMSC-019, 31 N.M. 120, 241 P. 1027.

Reservation of minerals to fund or institution. — The commissioner of public lands has the power to reserve the minerals in the land to the fund or institution to which the land belongs, when making sale thereof. State ex rel. Otto v. Field, 1925-NMSC-019, 31 N.M. 120, 241 P. 1027.

Sale of lands preserving mineral content. — The commissioner of public lands, in his discretion, may under federal Enabling Act sell lands upon which are producing oil wells, provided their mineral content is not included. 1931 Op. Att'y Gen. No. 31-31.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 73A C.J.S. Public Lands § 197.