New Mexico Administrative Code
Title 19 - NATURAL RESOURCES AND WILDLIFE
Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION
Part 10 - EASEMENTS AND RIGHTS-OF WAY
Section 19.2.10.29 - EASEMENTS OR RIGHTS OF WAY OVER PURCHASE CONTRACT LANDS
Universal Citation: 19 NM Admin Code 19.2.10.29
Current through Register Vol. 35, No. 24, December 23, 2024
A. The commissioner may, on the basis of the state's legal title and subject to the terms and conditions of the applicable purchase contract, approve and record easements and rights of way over, upon, through or across purchase contract lands on the following terms and conditions:
(1) submission of an application
by the easement or right of way applicant on the form prescribed by the
commissioner accompanied by an original or certified copy of the easement or
right of way executed between the applicant and the purchase contract
holder;
(2) payment of the
administrative fee as set forth in the schedule of fees for the approval and
recording of the easement or right of way; and,
(3) submission of a legal description of the
property to be burdened by the easement or right of way, together with a survey
plat as provided in
19.2.10.12 NMAC.
B. The commissioner shall reject any application and initiate necessary legal proceedings to prevent the construction of any easement or right of way or the use of any easement or right of way that will diminish or impair the state's legal title to the purchase contract lands.
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