N.M. Admin. Code § 19.2.10.29

Current through Register Vol. 35, No. 23, December 10, 2024

Section 19.2.10.29 - EASEMENTS OR RIGHTS OF WAY OVER PURCHASE CONTRACT LANDS

A. The commissioner may, on the basis of the state's legal title and subject to the terms and conditions of the applicable purchase contract, approve and record easements and rights of way over, upon, through or across purchase contract lands on the following terms and conditions:

(1) submission of an application by the easement or right of way applicant on the form prescribed by the commissioner accompanied by an original or certified copy of the easement or right of way executed between the applicant and the purchase contract holder;

(2) payment of the administrative fee as set forth in the schedule of fees for the approval and recording of the easement or right of way; and,

(3) submission of a legal description of the property to be burdened by the easement or right of way, together with a survey plat as provided in 19.2.10.12 NMAC.

B. The commissioner shall reject any application and initiate necessary legal proceedings to prevent the construction of any easement or right of way or the use of any easement or right of way that will diminish or impair the state's legal title to the purchase contract lands.

N.M. Admin. Code § 19.2.10.29

19.2.10.29 NMAC - Rp, 19.2.10.28 NMAC, 06/30/04, Amended by New Mexico Register, Volume XXVII, Issue 12, June 30, 2016, eff. 6/30/2016