New Mexico Statutes

N.M. Stat. § 18-6-2 (2026)

Purpose of act

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The legislature hereby declares that the historical and cultural heritage of the state is one of the state's most valued and important assets; that the public has an interest in the preservation of all antiquities, historic and prehistoric ruins, sites, structures, objects and similar places and things for their scientific and historical information and value; that the neglect, desecration and destruction of historical and cultural sites, structures, places and objects results in an irreplaceable loss to the public; and that therefore it is the purpose of the Cultural Properties Act [18-6-1 to 18-6-17 NMSA 1978] to provide for the preservation, protection and enhancement of structures, sites and objects of historical significance within the state, in a manner conforming with, but not limited by, the provisions of the National Historic Preservation Act of 1966 (P.L. 89-665).

History: 1953 Comp., § 4-27-5, enacted by Laws 1969, ch. 223, § 2.

ANNOTATIONS

Cross references. — For the National Historic Preservation Act of 1966 (P.L. 89-665), see 16 U.S.C. § 470 et seq.

Law reviews. — For note, "Cultural Properties Act — Turley v. State and the New Mexico Cultural Properties Act: A Matter of Interpretation", see 13 N.M.L. Rev. 737 (1983).

For student article, "The Efficacy of State Law in Protecting Native American Sacred Places: A Case Study of the Paseo Del Norte Extension," see 47 Nat. Resources J. 969 (2007).

Am. Jur. 2d, A.L.R. and C.J.S. references. — Validity and construction of statute or ordinance protecting historical landmarks, 18 A.L.R.4th 990.

Application and construction of § 106 of the National Historic Preservation Act of 1966 (16 USCS § 470f), dealing with federally sponsored projects which affect historic properties, 68 A.L.R. Fed. 578.

Notes of Decisions
Cited in 3 cases, 1980–2014 · leading case: Rayellen Res., Inc. v. N.M. Cultural Props. Review Comm., 2014-NMSC-006, 319 P.3d 639.
Rayellen Res., Inc. v. N.M. Cultural Props. Review Comm., 2014-NMSC-006, 319 P.3d 639. · cites it 3× “See § 18-6-2 (stating that the Cultural Properties Act operates “in a manner conforming with, but not limited by, the provisions of the National Historic Preservation Act”).”
State v. Turley, 633 P.2d 700 (N.M. Ct. App. 1980). · cites it 8× “Section 18-6-2 states, as a part of that declaration, "that the public has an interest in the preservation of all antiquities, historic and prehistoric ruins, sites, structures, objects and similar places and things for their scientific and historical information and value.”
Rayellen Resources, Inc. v. New Mexico Cultural Props. Review Comm., 2014-NMSC-006, 5 N.M. 492. · cites it 3× “See § 18-6-2 (stating that the Cultural Properties Act operates “in a manner conforming with, but not limited by, the provisions of the National Historic Preservation Act”).”
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