A. It is unlawful for a person or his agents or employees having charge of livestock to permit or allow the livestock to go upon the lands of others in this state for the purpose of grazing or watering upon any waters upon the lands without the permission of the owner or legal claimant or his agent. The provisions of this section shall not be construed to affect the obligation of a property owner to meet the requirements of Section 77-16-1 NMSA 1978 for fencing against such trespasses and shall apply not only to titled lands in this state but to any lands upon which a person may have a valid existing filing under the laws of the United States or any lands that may be leased by any person from the state.

B. A person or proper military authority who claims the benefits of the protection of this section shall carefully and conspicuously mark the line of his lands so that such mark may be easily seen by persons handling livestock and shall post a notice upon the land conspicuously, warning against trespassing or shall serve personal written notice giving description of the land by government surveys or by metes and bounds.

History: Laws 1901, ch. 28, § 1; 1901, ch. 75, § 1; Code 1915, § 39; C.S. 1929, § 4-309; 1941 Comp., § 49-1602; 1953 Comp., § 47-15-2; Laws 1989, ch. 230, § 2; 1999, ch. 282, § 87.

Compiler's notes. — Laws 1905, ch. 130, § 1, repealed Laws 1901, ch. 28, § 2, providing penalties for violation of Laws 1901, ch. 28, § 1.

Cross references. — For stray bulls in herd, see 77-11-9 NMSA 1978.

For public lands as common pastures, see 19-3-5 to 19-3-9 NMSA 1978.

For penalty for use of public land for range without owning water right, see 19-3-15 NMSA 1978.

For trespass on mining claims or millsites, see 69-3-27 NMSA 1978.

The 1999 amendment, effective July 1, 1999, inserted "shall not be construed to affect the obligation of a property owner to meet the requirements of Section 77-16-1 NMSA 1978 for fencing against such trespass and shall" in the second sentence of Subsection A, substituted "proper military authority" for "representative of a military reservation or enclave" in Subsection B, and made stylistic changes throughout the section.

The 1989 amendment, effective June 16, 1989, added the catchline and the subsection designations; substituted "livestock or other animals" for "drove of bovine cattle, horses, sheep, goats or other animals" in the first sentence of Subsection A; in Subsection B inserted "or representative of a military reservation or enclave" and substituted "livestock" for "such droves, flocks or herds of animals"; and made minor stylistic changes throughout the section.

This section is no bar to suit for willful trespass, though the owner has not complied with its provisions. Gutierrez v. Montosa Sheep Co., 1919-NMSC-056, 25 N.M. 540, 185 P. 273.

No injunction unless owner complies with statute. — Where it is not shown that a party knows the boundaries of privately owned land, surrounded by governmental domain, he cannot be enjoined from driving his flocks and herds upon such lands, unless the owner of such land has complied with this statute. Jastro v. Francis, 1918-NMSC-036, 24 N.M. 127, 172 P. 1139.