All lands, including lands acquired by escheat, shown upon the New Mexico state land office tract books to be open for sale, may be sold at public auction, at the discretion of the commissioner. All minerals of whatsoever kind, including but not limited to oil and gas, coal, sand and gravel, clay, shale, caliche and building stone, will be reserved to the state of New Mexico, together with the right to use so much of the surface as may be reasonably necessary to explore for and remove same. Such rights are subject to the right of the purchaser to be compensated for the purchaser's improvements lawfully placed upon the land. Geothermal resources are reserved under the same terms and conditions as minerals.
N.M. Admin. Code § 19.2.14.8