That no lease of state lands for agricultural or grazing purposes shall be canceled or forfeited by the commissioner of public lands, before the expiration of the full term thereof, without the written consent of the lessee, except for fraud, collusion, mutual mistake or default of the lessee, and the right to cancel or forfeit such lease without cause, based on any agreement or consent contained in such lease is hereby waived. All sales of state lands embraced within such lease shall be made subject to all the terms and provisions thereof, except the right of the lessee to a renewal at the end of the term. Provided that nothing in this act [section] shall prevent the commissioner from granting right-of-way [rights-of-way] and easements over, across or upon the land embraced in the lease for public highways, railroads, tramways, telegraph, telephone and power lines, irrigation works, mining, logging and business leases.

History: Laws 1935, ch. 130, § 1; 1941 Comp., § 8-834; 1953 Comp., § 7-8-37.

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

Cross references. — For forfeiture of contract for failure to comply therewith, see 19-7-19 NMSA 1978.

For forfeiture of lease for failure to pay rent, see 19-7-34 NMSA 1978.

For forfeiture procedure on violation of lease or other written instrument, see 19-7-50 NMSA 1978.

For forfeiture for defrauding state of royalties, see 19-8-1 NMSA 1978.

For forfeiture on failure to develop and operate mineral lands in workmanlike manner, see 19-8-13 NMSA 1978.

For forfeiture of certain mineral leases for violation thereof, see 19-8-27 NMSA 1978.

For forfeiture on failure to comply with coal lease, see 19-9-13 NMSA 1978.

For cancellation of oil and gas lease, see 19-10-20 NMSA 1978.

For forfeiture of timberlands purchase contract on failure to observe protective regulations, see 19-11-4 NMSA 1978.

For forfeiture of lease under Geothermal Resources Act, see 19-13-23 NMSA 1978.

Consent to sale. — Where the lessee of state lands makes application for a sale of the land under lease, his application constitutes a consent to a sale to another party in event he is outbid at the sale held pursuant to his application therefor. 1949 Op. Att'y Gen. No. 49-5186.