The commissioner of public lands, hereinafter referred to as the "commissioner," is hereby authorized to execute and issue in the name of the state of New Mexico, as lessor, leases for the sole and exclusive purpose of prospecting, exploration and mining of all minerals other than common salt, oil and gas, coal, shale, clay, gravel, building stone and building materials, potassium, sodium, phosphorus and other minerals of similar occurrence, and their salts and compounds upon or from any public lands over which the commissioner has jurisdiction, direction, control, care and disposition under the constitution and laws of the state of New Mexico, such leases to be issued upon such terms and conditions as the commissioner may deem to be to the best interests of the state of New Mexico and not inconsistent with the provisions of this act [19-8-14 to 19-8-18, 19-8-21 to 19-8-33 NMSA 1978].

History: 1953 Comp., § 7-9-17, enacted by Laws 1955, ch. 53, § 1.

Cross references. — For reservation of mineral lands of state from sale, see 19-7-25 NMSA 1978.

Prospecting of state lands. — Section 5209, 1915 Code, which authorized leasing of state lands for prospecting or development of lodes or deposits of metals or minerals, assumed that the lands to be so prospected were not known to be mineral lands. State ex rel. Otto v. Field, 1925-NMSC-019, 31 N.M. 120, 241 P. 1027.

Am. Jur. 2d, A.L.R. and C.J.S. references. — Mistake as to existence, practicability of removal or amount of minerals as ground for relief from lease, 163 A.L.R. 878.

Rights of tenants for years and remaindermen inter se in royalties or rents under coal or other mineral lease, 18 A.L.R.2d 98.

Right of mineral lessee to deposit top soil, waste minerals and like upon lessor's additional land not being mined, 26 A.L.R.2d 1453.

Construction and effect of provision in mineral lease excusing payment of minimum rent or royalty, 28 A.L.R.2d 1013.

Oil and gas as "minerals" within lease, 37 A.L.R.2d 1440.

Clay, sand or gravel as "minerals" within deed, lease or license, 95 A.L.R.2d 843.

58 C.J.S. Mines and Minerals § 129.