N.M. Admin. Code § 19.2.10.27

Current through Register Vol. 35, No. 23, December 10, 2024
Section 19.2.10.27 - ABANDONMENT

Abandonment of all or part of an easement or right of way by a grantee shall consist of the non-use of all or part of a granted easement or right of way for the purposes authorized in the granting instrument for a period of one year. Upon discovering evidence of abandonment, the commissioner shall notify the grantee by written notice sent by regular mail to the grantee's last known address as shown in the records of the state land office, giving the grantee 60 days to prove that abandonment did not occur, all to the commissioner's satisfaction. Failure to do so shall result in the termination of the easement or right of way due to the failure of a condition subsequent, and upon such termination the easement or right of way shall automatically vest in the commissioner without further action or notice required. Any non-use of a portion of an easement or right of way for a period of one year shall, at the commissioner's discretion, be deemed an abandonment of that portion so used and subject to termination.

N.M. Admin. Code § 19.2.10.27

19.2.10.27 NMAC - Rp, 19.2.10.26 NMAC, 06/30/04