All lands owned by the state of New Mexico shall be subject to lease as provided by law; provided, however, that the commissioner of public lands must give first preference in all cases to any department of the state which has been authorized by the legislature to acquire lands for the purpose of erecting thereon buildings for state use.
History: Laws 1912, ch. 82, § 12; Code 1915, § 5189; C.S. 1929, § 132-112; 1941 Comp., § 8-828; Laws 1951, ch. 108, § 1; 1953 Comp., § 7-8-28.
Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Cross references. — For right of existing grazing lessee to meet higher rental offer of new applicant for lease, see 19-7-49 NMSA 1978.
For preference to occupants of lands acquired by state, and to persons domiciled or paying taxes therein, see 19-7-53 NMSA 1978.
For lease preference rights of municipality, county or school district, see 19-7-56 NMSA 1978.
Meaning of "owned". — The word "owned" applies to any lands in which the state has any right or interest, whether or not full title has been acquired. Makemson v. Dillon, 1918-NMSC-040, 24 N.M. 302, 171 P. 673.
Townsite procedure mandatory. — Procedure for leasing or selling state lands for townsite purposes is mandatory. 1931 Op. Att'y Gen. No. 31-52.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 73A C.J.S. Public Lands § 197.
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