Any person, association of persons or corporation claiming any right, title, interest or priority of claim, in or to any state lands, covered by any lease, contract, grant or any other instrument executed by the commissioner, shall have the right to initiate a contest before the commissioner who shall have the power to hear and determine same. The commissioner shall prescribe appropriate rules and regulations to govern the practice and procedure of such contests.

History: Laws 1912, ch. 82, § 69; Code 1915, § 5247; C.S. 1929, § 132-181; 1941 Comp., § 8-863; 1953 Comp., § 7-8-68.

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

Cross references. — For contest of application for patent to mine or mining claims, see 42-4-21 NMSA 1978.

Application of section. — Where a controversy does not involve the legality of a state lease, the eligibility of the lessee thereunder, the matter of performance of the lease, reservations, if any, in the lease, or a matter of public policy requiring passage thereon by the commissioner of public lands, then a district court should have jurisdiction to adjudicate the issues as between private litigants, liberally allowing intervention by the commissioner if any public land question is or could be involved in the case. Swayze v. Bartlett, 1954-NMSC-019, 58 N.M. 504, 273 P.2d 367.

Right of contest. — The legislature's provision of a right of contest provides not only an appropriate forum, but on these facts the last opportunity for review. The legislature's provision of a right of contest recognizes the commissioner's plenary authority over state lands and provides an administrative remedy for disputes. Heimann v. Adee, 1996-NMSC-053, 122 N.M. 340, 924 P.2d 1352.

Commissioner as indispensable party. — Questions of renewals or of a new lease of state lands are peculiarly within the province of the commissioner, and in a case involving such question, the commissioner is an indispensable party. Swayze v. Bartlett, 1954-NMSC-019, 58 N.M. 504, 273 P.2d 367.

Suit to determine rights to the use of state school lands by one not a party to the lease and a stranger to the commissioner, under an agreement to which the state was not a party, where the commissioner was not a party to the suit and the suit did not grow out of a contest before the commissioner, cannot be maintained since such an adjudication would affect rights of the state. Burguete v. Del Curto, 1945-NMSC-025, 49 N.M. 292, 163 P.2d 257, distinguished in Shelley v. Norris, 1963-NMSC-193, 73 N.M. 148, 386 P.2d 243.

In absence of commissioner of public lands as a party to the suit, supreme court will not approve a decree to modify a state land lease to show that a total stranger to the original lease has a half interest therein. Burguete v. Del Curto, 1945-NMSC-025, 49 N.M. 292, 163 P.2d 257, distinguished in Shelley v. Norris, 1963-NMSC-193, 73 N.M. 148, 386 P.2d 243.

Sovereign immunity. — Commissioner of public lands is not amenable to suit involving claims by private litigants, and may plead a sovereign's immunity from litigation if he so desires. Swayze v. Bartlett, 1954-NMSC-019, 58 N.M. 504, 273 P.2d 367.

Contest of lode location claim. — The accepting of lode mining location notices for the purpose of filing same in the land office, sought by relator, will not interfere with the right of the applicant for placer prospecting permits to bring such action as he may think proper to have all questions as to any right, title, interest or priority of claim, in the lode location claims made by relator; and the refusal by respondent to accept for filing purposes the location notices tendered him by relator, as provided by law, precludes the relator of his right to institute a contest proceeding as is provided by this section. State ex rel. Four Corners Exploration Co. v. Walker, 1956-NMSC-010, 60 N.M. 459, 292 P.2d 329.

Withdrawal of lease assignment. — Where assignment of oil and gas lease is transmitted to commissioner of public lands for approval, and later withdrawn by assignor, assignees may contest their claim before the commissioner, under this section. Davidson v. Enfield, 1931-NMSC-045, 35 N.M. 580, 3 P.2d 979.

Appeal of lease cancellation. — Lessee whose lease was canceled for subleasing without consent of commissioner of public lands was entitled to appeal to district court. Commissioner of Pub. Lands v. Van Bruggen, 1947-NMSC-009, 51 N.M. 108, 179 P.2d 528.

Judicial review. — The commissioner of public lands has complete dominion or control of state lands, but the manner in which he exercises this control is subject to judicial review. Burguete v. Del Curto, 1945-NMSC-025, 49 N.M. 292, 163 P.2d 257.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 73A C.J.S. Public Lands § 185.