N.M. Stat. » Chapter 77 — Animals and Livestock
New Mexico Statutes

N.M. Stat. § 77-8-17 (2026)

Enforcement of provisions; recovery of costs and

✓ laws through the 2025 session (retrieved May 2026)
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expenses. Upon the failure or refusal of any owner or person in charge of sheep to comply with the provisions of Sections 11, 12, 14, 16, or 18 [77-8-2, 77-8-3, 77-8-5, 77-8-7 NMSA 1978] of this act or rules and regulations made in pursuance thereof, the inspector shall summarily take custody of and hold the sheep involved in the violation of said sections or rules and regulations until said provisions are complied with or until there is a determination of any legal proceedings brought under said sections. The board shall bring legal proceedings against any violator who after reasonable notice still refuses to comply with these provisions for the enforcement of these provisions or for the costs and expenses incurred in holding the sheep and of bringing said legal proceedings, or for both purposes. In these proceedings no bond shall be required from the board.

History: 1941 Comp., § 49-890, enacted by Laws 1951, ch. 188, § 29; 1953 Comp., §

Notes of Decisions
Cited in 17 cases, 1967–1994 · leading case: Fort Sumner Mun. Sch. Bd. v. Parsons, 485 P.2d 366 (N.M. Ct. App. 1971).
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Fort Sumner Mun. Sch. Bd. v. Parsons, 485 P.2d 366 (N.M. Ct. App. 1971). · cites it 44× “Section 77-8-17 (C), N.M.S.A. 1953 (Repl.”
Bd. of Educ. of Carlsbad v. Harrell, 882 P.2d 511 (N.M. 1994). · cites it 4× “The hearing on review of a local school board’s decision is now held before an independent arbitrator instead of before the State Board, and judicial review of the arbitrator’s decision is limited to whether “the decision was procured by corruption, fraud, deception or collusion.”
Bertrand v. New Mexico State Bd. of Educ., 544 P.2d 1176 (N.M. Ct. App. 1975). · cites it 18× “The jurisdiction of the Court of Appeals is limited to review of decisions of the State Board made under § 77-8-17, N.M.S.A. 1953 (Repl. Vol. 11 pt.”
Bd. of Educ. v. New Mexico State Bd. of Educ., 536 P.2d 274 (N.M. Ct. App. 1975). · cites it 11× “Whitman appealed to the State Board of Education (State Board), pursuant to § 77-8-17, N.M.S.A.19S3 (Repl.Vol. 11, pt.”
Bd. of Educ. v. State Bd. of Educ., 443 P.2d 502 (N.M. Ct. App. 1968). · cites it 8× “Section 77-8-17, N.M.S.A.1953 (Repl. 1968) became effective July 1, 1967.”
Wickersham v. New Mexico State Bd. of Educ., 464 P.2d 918 (N.M. Ct. App. 1970). · cites it 8× “Section 77-8-17, N.M.S.A.1953 (Repl.Vol. 11, pt.”
Morgan v. New Mexico State Bd. of Educ., 488 P.2d 1210 (N.M. Ct. App. 1971). · cites it 10× “Section 77-8-17, N.M.S.A.1953 (Repl.Vol. 11, pt.”
Riddle v. Bd. of Educ., 435 P.2d 1013 (N.M. Ct. App. 1967). · cites it 12× “Both the old (§ 73-12-15) and the new (§ 77-8-17) provide for appeals to the State Board; however, the review by the State Board under § 73-12-15 differs from the review under § 77-8-17.”
Quintana v. State Bd. of Educ., 472 P.2d 385 (N.M. Ct. App. 1970). · cites it 6× “That Board held, in effect, that the statutory provisions for termination of the services of a certified school instructor with tenure rights did not apply to the reassignment from principal to teacher. The State Board specifically held that Quintana had no right to a hearing in…”
New Mexico State Bd. of Educ. v. Stoudt, 571 P.2d 1186 (N.M. 1977). · cites it 3× “The reason for the board’s decision is that because you are unmarried and pregnant, you have engaged in conduct which is held to be immoral in the Taos community, and, in the opinion of the board, your continued presence in the classroom and as a coach would have a potentially…”
Brown v. Bd. of Educ., 468 P.2d 431 (N.M. Ct. App. 1970). · cites it 3× “The appeal now before us is from the decision of the State Board and was brought pursuant to § 77-8-17(F), N.M.S. A.1953 (Repl. 11, pt.”
Penasco Indep. Sch. Dist. No. 4 v. Lucero, 526 P.2d 825 (N.M. Ct. App. 1974). · cites it 3× “See § 77-8-17, N.M.S.A.1953 (Repl.Vol. 1968, pt.”
Show all 17 citing cases →
N.M. Stat. § 77-8-17(A): 1 case
Bertrand v. New Mexico State Bd. of Educ., 544 P.2d 1176 (N.M. Ct. App. 1975). “The jurisdiction of the Court of Appeals is limited to review of decisions of the State Board made under § 77-8-17, N.M.S.A. 1953 (Repl. Vol. 11 pt.”
N.M. Stat. § 77-8-17(C): 3 cases
Fort Sumner Mun. Sch. Bd. v. Parsons, 485 P.2d 366 (N.M. Ct. App. 1971). “Section 77-8-17 (C), N.M.S.A. 1953 (Repl.”
Bd. of Educ. v. New Mexico State Bd. of Educ., 536 P.2d 274 (N.M. Ct. App. 1975). “Whitman appealed to the State Board of Education (State Board), pursuant to § 77-8-17, N.M.S.A.19S3 (Repl.Vol. 11, pt.”
Bertrand v. New Mexico State Bd. of Educ., 544 P.2d 1176 (N.M. Ct. App. 1975). “The jurisdiction of the Court of Appeals is limited to review of decisions of the State Board made under § 77-8-17, N.M.S.A. 1953 (Repl. Vol. 11 pt.”
N.M. Stat. § 77-8-17(D): 4 cases
Fort Sumner Mun. Sch. Bd. v. Parsons, 485 P.2d 366 (N.M. Ct. App. 1971). “Section 77-8-17 (C), N.M.S.A. 1953 (Repl.”
Morgan v. New Mexico State Bd. of Educ., 488 P.2d 1210 (N.M. Ct. App. 1971). “Section 77-8-17, N.M.S.A.1953 (Repl.Vol. 11, pt.”
Penasco Indep. Sch. Dist. No. 4 v. Lucero, 526 P.2d 825 (N.M. Ct. App. 1974). “See § 77-8-17, N.M.S.A.1953 (Repl.Vol. 1968, pt.”
McAlister v. New Mexico State Bd. of Educ., 487 P.2d 159 (N.M. Ct. App. 1971).
N.M. Stat. § 77-8-17(E): 1 case
Fort Sumner Mun. Sch. Bd. v. Parsons, 485 P.2d 366 (N.M. Ct. App. 1971). “Section 77-8-17 (C), N.M.S.A. 1953 (Repl.”
N.M. Stat. § 77-8-17(F): 4 cases
Fort Sumner Mun. Sch. Bd. v. Parsons, 485 P.2d 366 (N.M. Ct. App. 1971). “Section 77-8-17 (C), N.M.S.A. 1953 (Repl.”
Brown v. Bd. of Educ., 468 P.2d 431 (N.M. Ct. App. 1970). “The appeal now before us is from the decision of the State Board and was brought pursuant to § 77-8-17(F), N.M.S. A.1953 (Repl. 11, pt.”
Riddle v. Bd. of Educ., 435 P.2d 1013 (N.M. Ct. App. 1967). “Both the old (§ 73-12-15) and the new (§ 77-8-17) provide for appeals to the State Board; however, the review by the State Board under § 73-12-15 differs from the review under § 77-8-17.”
McAlister v. New Mexico State Bd. of Educ., 487 P.2d 159 (N.M. Ct. App. 1971).
N.M. Stat. § 77-8-17(G): 3 cases
Bd. of Educ. v. New Mexico State Bd. of Educ., 536 P.2d 274 (N.M. Ct. App. 1975). “Whitman appealed to the State Board of Education (State Board), pursuant to § 77-8-17, N.M.S.A.19S3 (Repl.Vol. 11, pt.”
Bertrand v. New Mexico State Bd. of Educ., 544 P.2d 1176 (N.M. Ct. App. 1975). “The jurisdiction of the Court of Appeals is limited to review of decisions of the State Board made under § 77-8-17, N.M.S.A. 1953 (Repl. Vol. 11 pt.”
Atencio v. Bd. of Educ. of Penasco Indep. Sch. Dist. No. 4, 658 F.2d 774 (10th Cir. 1981).
N.M. Stat. § 77-8-17(J): 4 cases
Bertrand v. New Mexico State Bd. of Educ., 544 P.2d 1176 (N.M. Ct. App. 1975). “The jurisdiction of the Court of Appeals is limited to review of decisions of the State Board made under § 77-8-17, N.M.S.A. 1953 (Repl. Vol. 11 pt.”
New Mexico State Bd. of Educ. v. Stoudt, 571 P.2d 1186 (N.M. 1977). “The reason for the board’s decision is that because you are unmarried and pregnant, you have engaged in conduct which is held to be immoral in the Taos community, and, in the opinion of the board, your continued presence in the classroom and as a coach would have a potentially…”
Canon v. New Mexico State Bd. of Educ., 559 P.2d 399 (N.M. 1976).
Atencio v. Bd. of Educ. of Penasco Indep. Sch. Dist. No. 4, 658 F.2d 774 (10th Cir. 1981).
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