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HOUSE BILL 20
56
TH LEGISLATURE
-
STATE
OF
NEW
MEXICO
-
FIRST SESSION
,
2023
INTRODUCED BY
Miguel P. Garcia
FOR THE LAND GRANT COMMITTEE
AN ACT
RELATING TO PARTITIONS OF LAND GRANTS-MERCEDES; ESTABLISHING
QUALIFIED PARTITIONS OF LAND GRANTS-MERCEDES AS AUTONOMOUS LAND
GRANTS-MERCEDES PURSUANT TO CHAPTER 49, ARTICLE 1 NMSA 1978.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 49-1-1.1 NMSA 1978 (being Laws 2004,
Chapter 124, Section 1, as amended) is amended to read:
"49-1-1.1. DEFINITIONS.--As used in Chapter 49 NMSA 1978:
A. "child" means a biological, adopted or foster
child, a stepchild, a legal ward or a child of a person
standing in loco parentis;
B. "heir" means a person who is a descendant of the
original grantees and has an interest in the common land of a
land grant-merced through inheritance, gift or purchase or as
defined in the bylaws of a land grant-merced;
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C. "land grant-merced" means a grant of land made
by the government of Spain or by the government of Mexico to a
community, town, colony or pueblo or to a person for the
purpose of founding or establishing a community, town, colony
or pueblo and includes land partitioned from a land grant-
merced pursuant to Subsection A of Section 49-1-2 NMSA 1978 ;
D. "parent" includes a biological, adoptive or
foster parent, a stepparent or an individual who stands in loco
parentis to a child;
E. "precinct" means a geographic location such as a
community or town that is guaranteed an apportioned amount of
positions on the board of trustees of a land grant-merced as
defined in the land grant-merced bylaws;
F. "qualified voting member" means an heir who is
registered to vote in a land grant-merced as prescribed in the
land grant-merced bylaws; and
G. "sibling" includes a stepsibling and a half-
sibling."
SECTION 2. Section 49-1-2 NMSA 1978 (being Laws 1907,
Chapter 42, Section 2, as amended) is amended to read:
"49-1-2. APPLICATION.--
A. Sections 49-1-1 through 49-1-18 NMSA 1978 shall
apply to:
(1) all land grants-mercedes confirmed by the
congress of the United States or by the court of private land
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claims or designated as land grants-mercedes in any report or
list of land grants prepared by the surveyor general and
confirmed by congress; [but ] and
(2) land partitioned from a land grant-merced;
provided that the Guadalupe Hidalgo treaty division of the
office of the attorney general has certified to the partition
and to the land grant council that:
(a) the partition was made to heirs of
the original land grant-merced prior to 2004 for the purpose of
establishing common land for a separate community or town;
(b) the partitioned land has been
managed as common land for the original partition beneficiaries
or their heirs for at least twenty years; and
(c) the partitioned land was conveyed by
the board of trustees of the original land grant-merced or the
partition was affirmed by a court of competent jurisdiction.
B. Sections 49-1-1 through 49-1-18 NMSA 1978 shall
not apply to any land grant that is now managed or controlled
in any manner, other than as provided in Sections 49-1-1
through 49-1-18 NMSA 1978, by virtue of any general or special
act.
C. The Guadalupe Hidalgo treaty division of the
office of the attorney general shall establish methods and
procedures for certifying partitions of land grants-mercedes
pursuant to Paragraph (2) of Subsection A of this section.
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[B.] D. If a majority of the members of the board
of trustees of a land grant-merced covered by specific
legislation determines that the specific legislation is no
longer beneficial to the land grant-merced, the board has the
authority to petition the legislature to repeal the legislation
and to be governed by its bylaws and as provided in Sections
49-1-1 through 49-1-18 NMSA 1978.
[C.] E. The town of Tome land grant-merced,
situated in Valencia county, confirmed by congress in 1858 and
patented by the United States to the town of Tome, shall be
governed by the provisions of Sections 49-1-1 through 49-1-18
NMSA 1978.
[D.] F. The town of Atrisco land grant-merced,
situated in Bernalillo county, confirmed by the court of
private land claims in 1894 and patented by the United States
to the town of Atrisco in 1905, shall be governed by the
provisions of Sections 49-1-1 through 49-1-18 NMSA 1978;
provided that the board of trustees shall not have regulatory
jurisdiction over, and the provisions of Chapter 49, Article 1
NMSA 1978 shall not apply to or govern, any lands or interests
in real property the title to which is held by any other
person, including a public or private corporation, partnership
or limited liability company.
[E.] G. The Tecolote land grant-merced, also known
as the town of Tecolote, situated in San Miguel county,
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confirmed by congress in 1858 and patented by the United States
to the town of Tecolote in 1902, shall be governed by the
provisions of Sections 49-1-1 through 49-1-18 NMSA 1978.
[F.] H. Notwithstanding the provisions of
Subsection A of this section to the contrary, the San Antonio
del Rio Colorado land grant-merced, situated in Taos county,
which claim was recommended for confirmation by surveyor
general James K. Proudfit in 1874 and again in 1886 by surveyor
general George W. Julian, but not confirmed by congress, shall
be governed by the provisions of Sections 49-1-1 through
49-1-18 NMSA 1978.
[G.] I. The Manzano land grant-merced, also known
as la merced del Manzano land grant-merced, situated in
Torrance county, confirmed by congress in 1860 and patented by
the United States to the town of Manzano in 1907, shall be
governed by the provisions of Chapter 49, Article 1 NMSA 1978."
SECTION 3. TEMPORARY PROVISION.--Nothing in this act
shall be construed to alter or diminish the legal status of an
existing land grant-merced or any rights established under the
Treaty of Guadalupe Hidalgo.
SECTION 4. EFFECTIVE DATE.--The effective date of the
provisions of this act is July 1, 2023.
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