Upon termination of any lease issued under the provisions of this act [19-8-14 to 19-8-18, 19-8-21 to 19-8-33 NMSA 1978] by reason of forfeiture, surrender, expiration of term or for any other reason, lessee may remove all improvements and equipment as can be removed without material injury to the premises; provided, however, that all rents and royalties have been paid and that such removal is accomplished within two years from the termination date or before such earlier date as the commissioner may set upon thirty (30) days' written notice to the lessee. All improvements and equipment remaining upon the premises after the removal date as set in accordance with this section shall be forfeited to the state of New Mexico without compensation.

History: 1953 Comp., § 7-9-30, enacted by Laws 1955, ch. 53, § 14.

Cross references. — For right, in general, of owner of improvements on state lands to be compensated for same by purchaser or subsequent lessee, see 19-7-14 NMSA 1978.

For payment for value of improvements by purchaser or subsequent oil and gas lessee to owner thereof, see 19-10-28 NMSA 1978.

For oil and gas lessee's right to remove certain improvements upon cancellation or forfeiture of lease, see 19-10-29 NMSA 1978.

For removal by lessee under Geothermal Resources Act of removable improvements, and forfeiture of others without compensation, see 19-13-24 NMSA 1978.

Am. Jur. 2d, A.L.R. and C.J.S. references. — What constitutes improvements, alterations or additions within lease provisions permitting or prohibiting tenant's removal thereof at termination of lease, 30 A.L.R.3d 998.