N.M. Stat. » Chapter 64 — Aeronautics
New Mexico Statutes

N.M. Stat. § 64-5-1 (2026)

Abandonment of crashed aircraft

✓ current as of May 2026
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Any aircraft which has crashed and which has not been removed from the site of the crash is conclusively presumed to be abandoned by the owner if:

A. one year has elapsed from the time that the aircraft was released to the owner by the federal agency responsible for investigating the crash; and

B. the owner is not currently and actively engaged in the removal of the aircraft.

History: 1953 Comp., § 44-6-1, enacted by Laws 1975, ch. 18, § 1.

ANNOTATIONS

Am. Jur. 2d, A.L.R. and C.J.S. references. — 2A C.J.S. Aeronautics and Aerospace § 4.

Notes of Decisions
Cited in 5 cases, 1955–1970 · leading case: Fulwiler v. Traders & Gen. Ins. Co., 285 P.2d 140 (N.M. 1955).
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Fulwiler v. Traders & Gen. Ins. Co., 285 P.2d 140 (N.M. 1955). · cites it 6× “Section 64-5-1, N.M.S.A., 1953 Comp., regarding the filing of liens and encumbrances *146 with the motor vehicle division, provides: "(a) No conditional sale contract, conditional lease, chattel mortgage, or other lien or encumbrance or title retention instrument upon a vehicle…”
Riggs v. Gardikas, 427 P.2d 890 (N.M. 1967). · cites it 2× “, is virtually identical to § 64-5-1, N.M.S.A.1953. It is likewise undisputed that all the units arc within the scope of the Motor-Vehicle Administration Act.”
Novak v. Dow, 474 P.2d 712 (N.M. Ct. App. 1970). “The priority of the Bank’s lien involves §§ 64-5-1 and 64-5-2, N.M.S.A.1953 (Repl.”
Clovis Fin. Co. v. Sides, 380 P.2d 173 (N.M. 1963). · cites it 3× “” § 64-5-1. “(a) No conditional sale contract, conditional lease, chattel mortgage, or other lien or encumbrance or title retention instrument upon a vehicle of a type required to be registered hereunder, other than a lien dependent upon possession, is valid as against the…”
Diamond Trailer Sales Co. v. Munoz, 382 P.2d 185 (N.M. 1963). “A purchase money chattel mortgage on a house trailer was given and filed with the division of motor vehicles as provided by §§ 64-5-1 and 2, N.M.S.A.1953. Thereafter, trailer space was rented from appellee by the chattel mortgagor who defaulted in the rent.”
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