N.M. Admin. Code § 19.2.21.10

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

Section 19.2.21.10 - PUBLIC NOTICE OF A PROPOSED EXCHANGE

A. Notice of a proposed exchange shall be published once each week for not less than ten (10) consecutive weeks in a newspaper of general circulation published locally at the state capital, and a newspaper of like circulation which shall be locally published nearest the lands so offered for exchange. Said notice will also be posted on the state land office website. Said notice shall set forth the nature, time and specific place of the auction, which place shall be at the county seat wherein the lands or the major portion thereof are located. Said notice shall also state that the commissioner will accept bids offering in-kind payment in the form of non-trust lands to be exchanged for trust lands, monetary payment or any combination thereof.

B. The notice shall include a description or a statement of the location of the trust lands offered for exchange and their total acreage; a description of leases, rights of way, easements or other uses, if any, to which the trust lands are subject as indicated by the records of the state land office; a general description of reservations to be included in the conveying instrument; the types of improvements located on the trust lands to be exchanged and their estimated values; the estimated publication and other costs to be deposited by each prospective bidder and paid by the successful bidder; the address and telephone number from which any interested person may obtain additional information, the form of conveyance instrument required to be used for in-kind payment, the deadline, form, and substantive requirements that must be satisfied in order to qualify to bid, the location where exchange proposals must be submitted; and any other information the commissioner deems pertinent.

C. In each case of a proposed exchange with another governmental entity, the commissioner shall determine what notice, if any, is required.

D. The form of instrument to be used in an exchange to convey the trust lands involved shall be available for inspection by prospective exchange applicants.

E. Non-trust lands proposed for exchange shall be open to the commissioner for inspection and appraisal. Trust lands for which the commissioner has published a request for exchange proposals shall be open to prospective exchange applicants for inspection and appraisal by obtaining permission from the state land office.

N.M. Admin. Code § 19.2.21.10

19.2.21.10 NMAC - Rp, 19.2.21.9 NMAC, 06/29/12