N.M. Stat. § 37-1-19 (2026)

The above limitations and provisions shall not apply to evidences of debt intended to
circulate as money; but shall, in other respects, be applicable in all other actions
brought by or against all bodies corporate or politic, except when otherwise expressly
declared.

History: Laws 1880, ch. 5, § 19; C.L. 1884, § 1879; C.L. 1897, § 2932; Code 1915, §
3361; C.S. 1929, § 83-116; 1941 Comp., § 27-118; 1953 Comp., § 23-1-19.

                                     ANNOTATIONS

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

Statute of limitations does not run against the state and is not made applicable to
the state itself by the wording of this section, which makes the limitations applicable only
to actions brought by "all bodies corporate or politic." Board of Educ. v. Standhardt,
1969-NMSC-118, 80 N.M. 543, 458 P.2d 795.

Unless expressly provided or necessarily implied, statutes of limitation do not apply to
the sovereign. In re Will of Bogert, 1958-NMSC-104, 64 N.M. 438, 329 P.2d 1023.

Action by state on official bond. — Two-year limitation statute was not applicable to a
state's action against a surety on official bond of delinquent tax collector, where state
was not mentioned in statute or included by implication. State v. Roy, 1937-NMSC-026,
41 N.M. 308, 68 P.2d 162.

Statute runs against county and other political subdivisions, including school
districts, unless such may be deemed to be an arm of the state because of the
particular governmental functions or purposes involved. Board of Educ. v. Standhardt,
1969-NMSC-118, 80 N.M. 543, 458 P.2d 795.
School district or board. — If a school district or board of education has the power or
duty to contract, lease, issue bonds, sue and be sued and hold both real and personal
property then it is a body corporate and politic, and where the obligation sued upon is
one owed solely to the school district as administered by board of education, it is the
real party in interest, against which the statute of limitations may run. Board of Educ. v.
Standhardt, 1969-NMSC-118, 80 N.M. 543, 458 P.2d 795.

Municipality is a body corporate or politic and is subject to statutes of limitation.
Hurley v. Village of Ruidoso, 2006-NMCA-041, 139 N.M. 306, 131 P.3d 693.

Recovery of wrongfully collected unemployment benefits. — Suit by the New
Mexico department of labor to collect unemployment compensation benefits wrongfully
collected by debtor while employed was an action for the benefit of a state fund, not for
a private individual or corporation, and the state was the real party in interest. New
Mexico Dep't of Labor v. Valdez, 136 Bankr. 874 (Bankr. D.N.M. 1992).

The state is not included in "bodies politic and corporate." 1926 Op. Att'y Gen. No.
26-3899.

Statute of limitations does not run against the state in action to recover on official
bond. 1947 Op. Att'y Gen. No. 47-5019.

This section is the exception that causes the statutes of limitations to run against
subdivisions of the state. 1970 Op. Att'y Gen. No. 70-25.

County or municipal hospital. — A county or municipal hospital would be either a
"corporate" or "politic" body as defined in this section. 1970 Op. Att'y Gen. No. 70-25.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 51 Am. Jur. 2d Limitations of Actions §§
397, 399 to 402, 409 to 412, 416 to 421; 53A Am. Jur. 2d Money §§ 1, 5, 6, 8, 9, 10.

Claim of government as within provision of nonclaim statute, 34 A.L.R. 1003.

Limitation period as affected by requirement of notice or presentation of claim against
governmental body, 3 A.L.R.2d 711.

Estoppel to rely on statute of limitations, 24 A.L.R.2d 1413.

54 C.J.S. Limitations of Actions §§ 17 to 19, 32.