N.M. Stat. § 19-7-64 (2026)

Any person, association of persons or corporation claiming any right, title, interest or
priority of claim, in or to any state lands, covered by any lease, contract, grant or any
other instrument executed by the commissioner, shall have the right to initiate a contest
before the commissioner who shall have the power to hear and determine same. The
commissioner shall prescribe appropriate rules and regulations to govern the practice
and procedure of such contests.

History: Laws 1912, ch. 82, § 69; Code 1915, § 5247; C.S. 1929, § 132-181; 1941
Comp., § 8-863; 1953 Comp., § 7-8-68.

                                     ANNOTATIONS

Bracketed material. — The bracketed material was inserted by the compiler and is not
part of the law.

Cross references. — For contest of application for patent to mine or mining claims, see
42-4-21 NMSA 1978.

Application of section. — Where a controversy does not involve the legality of a state
lease, the eligibility of the lessee thereunder, the matter of performance of the lease,
reservations, if any, in the lease, or a matter of public policy requiring passage thereon
by the commissioner of public lands, then a district court should have jurisdiction to
adjudicate the issues as between private litigants, liberally allowing intervention by the
commissioner if any public land question is or could be involved in the case. Swayze v.
Bartlett, 1954-NMSC-019, 58 N.M. 504, 273 P.2d 367.

Right of contest. — The legislature's provision of a right of contest provides not only an
appropriate forum, but on these facts the last opportunity for review. The legislature's
provision of a right of contest recognizes the commissioner's plenary authority over
state lands and provides an administrative remedy for disputes. Heimann v. Adee,
1996-NMSC-053, 122 N.M. 340, 924 P.2d 1352.

Commissioner as indispensable party. — Questions of renewals or of a new lease of
state lands are peculiarly within the province of the commissioner, and in a case
involving such question, the commissioner is an indispensable party. Swayze v. Bartlett,
1954-NMSC-019, 58 N.M. 504, 273 P.2d 367.

Suit to determine rights to the use of state school lands by one not a party to the lease
and a stranger to the commissioner, under an agreement to which the state was not a
party, where the commissioner was not a party to the suit and the suit did not grow out
of a contest before the commissioner, cannot be maintained since such an adjudication
would affect rights of the state. Burguete v. Del Curto, 1945-NMSC-025, 49 N.M. 292,
163 P.2d 257, distinguished in Shelley v. Norris, 1963-NMSC-193, 73 N.M. 148, 386
P.2d 243.

In absence of commissioner of public lands as a party to the suit, supreme court will not
approve a decree to modify a state land lease to show that a total stranger to the
original lease has a half interest therein. Burguete v. Del Curto, 1945-NMSC-025, 49
N.M. 292, 163 P.2d 257, distinguished in Shelley v. Norris, 1963-NMSC-193, 73 N.M.
148, 386 P.2d 243.

Sovereign immunity. — Commissioner of public lands is not amenable to suit involving
claims by private litigants, and may plead a sovereign's immunity from litigation if he so
desires. Swayze v. Bartlett, 1954-NMSC-019, 58 N.M. 504, 273 P.2d 367.

Contest of lode location claim. — The accepting of lode mining location notices for
the purpose of filing same in the land office, sought by relator, will not interfere with the
right of the applicant for placer prospecting permits to bring such action as he may think
proper to have all questions as to any right, title, interest or priority of claim, in the lode
location claims made by relator; and the refusal by respondent to accept for filing
purposes the location notices tendered him by relator, as provided by law, precludes the
relator of his right to institute a contest proceeding as is provided by this section. State
ex rel. Four Corners Exploration Co. v. Walker, 1956-NMSC-010, 60 N.M. 459, 292
P.2d 329.

Withdrawal of lease assignment. — Where assignment of oil and gas lease is
transmitted to commissioner of public lands for approval, and later withdrawn by
assignor, assignees may contest their claim before the commissioner, under this
section. Davidson v. Enfield, 1931-NMSC-045, 35 N.M. 580, 3 P.2d 979.
Appeal of lease cancellation. — Lessee whose lease was canceled for subleasing
without consent of commissioner of public lands was entitled to appeal to district court.
Commissioner of Pub. Lands v. Van Bruggen, 1947-NMSC-009, 51 N.M. 108, 179 P.2d
528.

Judicial review. — The commissioner of public lands has complete dominion or control
of state lands, but the manner in which he exercises this control is subject to judicial
review. Burguete v. Del Curto, 1945-NMSC-025, 49 N.M. 292, 163 P.2d 257.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 73A C.J.S. Public Lands § 185.