Current through Register Vol. 35, No. 18, September 24, 2024
A.
Improvements shall not be placed, made or developed on state trust land without
the express written consent of the commissioner unless the cost of the
improvement and its placement is within the cost limitations prescribed by
Section
19-7-51
NMSA 1978. Improvements shall be placed, made or developed on state trust land
only by the lessee of the land on which the improvements are to be
located.
B. Applications to place,
make or develop improvements on state trust lands held by an agricultural lease
shall be made by the lessee upon forms and in the manner prescribed by the
commissioner prior to initiation of placement or construction. Each application
to place improvements shall:
(1) set forth
the type and kind of improvements to be placed, made or developed and their
estimated cost;
(2) specify the
legal subdivisions on which the improvements are to be located; and
(3) be accompanied by the filing fee
specified in the schedule of fees.
C. Inclusion of unauthorized improvements on
any appraisal or listing of improvements submitted to the commissioner for any
purpose shall not serve as an application to make, place or develop
improvements on state trust lands or be construed as approval of those
improvements by the commissioner.
D. Upon completion of an authorized
improvement, the lessee shall, by sworn affidavit, notify the commissioner of
the improvement's actual cost of acquisition, construction or
placement.
E. Removal:
(1) All authorized improvements other than
fences and growing crops shall be deemed permanent improvements and shall be
removed only upon those terms and conditions to which the commissioner has
agreed in writing prior to removal.
(2) All unauthorized improvements placed,
made or developed on state trust lands by one acting in the capacity of the
lessee of the land on which they are located shall be removed unless the lessee
applies for, and the commissioner grants, approval of the improvements. The
removal of such unauthorized improvements shall be pursuant to terms and
conditions established by the commissioner and shall be solely at the expense
of the lessee.
(3) Unauthorized
improvements placed, made or developed on state trust land by one not acting in
the capacity of the lessee of the lands on which the improvements are located
shall be subject to removal, sale or other disposition at the commissioner's
discretion.
F.
Compensation: A purchaser or lessee of state trust lands on which authorized
improvements are located shall provide to the commissioner:
(1) a bill of sale or waiver of payment
signed by the holder of the right to improvement compensation; or
(2) payment of the value of such improvements
as determined by the commissioner's appraisal. Payment of the value of
authorized improvements received by the commissioner shall be remitted to the
holder of the right to improvement compensation.
(3) Except as provided below, the
commissioner shall recognize the compensability at one hundred (1.00) percent
of value for authorized improvements.
(4) The commissioner shall recognize the
compensability of all or any of the unauthorized improvements placed on state
trust lands by one acting in the capacity of the lessee at any percentage of
value, including zero (0.00) percent, but in no case more than seventy-five
(.75) percent of value.
(5) The
compensability of unauthorized improvements placed, made or developed on state
trust lands by one not acting in the capacity of the lessee of the lands on
which the improvements are located may be recognized at any percentage of value
by the commissioner, including zero percent of value.
(6) In any instance when a lessee's
improvements have been cost-shared with a government entity or through a grant,
the lessee's compensation shall be equal to the percent, if any, of the
original cost paid by the lessee, which percent shall be applied to the value
described in Subsection F of 19.2.8.17 NMAC above.
