N.M. Admin. Code § 19.2.10.7

Current through Register Vol. 35, No. 23, December 10, 2024

Section 19.2.10.7 - DEFINITIONS

A."Appraisal" means an appraisal as defined in Section 61-30-3 A NMSA 1978.

B."Commissioner" means the New Mexico commissioner of public lands, and the commissioner's appointees under Section 19-1-7 NMSA 1978, acting within the scope of their authority. The commissioner may delegate to state land office staff the performance of functions required of the commissioner under this part.

C."Easement" means a right or privilege granted by the commissioner, to use a defined area of trust lands for a prescribed purpose and time, which right can be terminated as provided in this part.

D."Right of way" means a right or privilege granted by the commissioner, to pass over, upon, through, or across, a defined area of trust lands for a prescribed purpose and time, which right can be terminated as provided in this part.

E."Fair market value" means the value that a willing buyer would pay a willing seller for a right of way or easement in the open market as set forth in a price schedule adopted by the commissioner or as otherwise determined, in the commissioner's discretion, by an appraisal or field inspection.

F."Field inspection" means an on-site inspection of a right of way or easement, made by authorized state land office personnel, which, if required under the price schedule or otherwise appropriate, may include specialized services such as market analysis or a determination of fair market value.

G."Price schedule" means a schedule, adopted by the commissioner pursuant to this Part 10, showing the consideration due for the acquisition of an easement or right of way, which schedule shall be reviewed periodically by the commissioner and revised by the commissioner, when the commissioner deems it necessary, to reflect changes in the fair market value of easements and rights of way. A price schedule may incorporate varying considerations to account for the different uses, sizes, and locations, of easements and rights of way. The adoption of a price schedule and any revision thereof shall be preceded by reasonable public notice and the opportunity for public comment. Public notice shall consist of publication on the state land office website, and such other means as the commissioner may determine are appropriate, including but not limited to direct notification by mailing or electronic means to known interested parties. The time permitted for public comment shall be determined by the commissioner in the commissioner's discretion.

H."Purchase contract lands" means trust lands being purchased under a contract.

I."Schedule of fees" means a list of fees that must be paid for performance of certain administrative functions. The schedule of fees shall be published on the state land office website and is subject to change at the discretion of the commissioner. Unless otherwise noted in the schedule of fees or in this rule, the fee shall be non-refundable.

J."State land office" means the New Mexico state land office.

K."Trust" means the trust created by the New Mexico Enabling Act and administered by the commissioner.

L."Trust lands" means those lands, their natural products and all rights, privileges, or assets, which are derived from them, and which are under the care, custody, and control of the commissioner.

N.M. Admin. Code § 19.2.10.7

19.2.10.7 NMAC - Rp, 19.2.10.7 NMAC, 06/30/04, Amended by New Mexico Register, Volume XXVII, Issue 12, June 30, 2016, eff. 6/30/2016, Amended by New Mexico Register, Volume XXX, Issue 11, June 11, 2019, eff. 6/11/2019