Section 49-6-1 - [Jurisdiction vested in district court.]

NM Stat § 49-6-1 (2019) (N/A)
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That the district court of San Miguel county, in the state of New Mexico, is vested with jurisdiction to manage, control and administer that land claim known as "The Las Vegas Land Grant," confirmed by the act of congress on the twenty-first day of June, A.D. 1860, to the town of Las Vegas.

History: Laws 1903, ch. 47, § 1; Code 1915, § 842; C.S. 1929, § 29-601; 1941 Comp., § 9-601; 1953 Comp., § 8-6-1.

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

Compiler's notes. — This article, which is almost identical with Article 5 of Chapter 22 of the 1915 Code, was not reenacted by its inclusion in that codification, but was compiled therein for convenience only.

The act of congress referred to in this section is 12 Stat. 71.

Grant not tax exempt under constitution or Springer Act. — The Las Vegas grant, represented by a board of trustees with certain powers, is not a town, city or other municipal corporation, within the meaning of N.M. Const., art. VIII, § 3, exempting such towns, cities and other municipal corporations from taxation. Davy v. McNeill, 1925-NMSC-040, 31 N.M. 7, 240 P. 482; State v. Board of Trustees, 1922-NMSC-029, 28 N.M. 237, 210 P. 101.

Where the Las Vegas grant previously had been held for tax purposes not to be a town, city or other municipal corporation within the contemplation of N.M. Const., art. VIII, § 3, such holding was equally applicable within the contemplation of the provisions of the Springer Act, former 48 U.S.C. § 1471, and of N.M. Const., art. IV, § 24. Board of Trustees v. Montano, 1971-NMSC-025, 82 N.M. 340, 481 P.2d 702.

Special legislation provisions inapplicable. — In view of the difference in the nature and origin of the different community land grants; in view of the long legislative history of enactments relating to the control, or management, of the lands of specific grants; in view of the fact that there is some discretion in the legislature to determine in which cases special laws should be passed and in view of the presumptions indulged in favor of the validity of legislation, supreme court held that the prohibitions against special legislation as contained in the Springer Act, former 48 U.S.C. § 1471, and in N.M. Const., art. IV, § 24, were not applicable to enactments relating to the governing or managing bodies of the Las Vegas grant or any specific community land grants, or to the manner in which these bodies exercise their powers of control, management and disposition over grant lands. Board of Trustees v. Montano, 1971-NMSC-025, 82 N.M. 340, 481 P.2d 702.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 73B C.J.S. Public Lands § 205.