N.M. Admin. Code § 19.2.8.7

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

Section 19.2.8.7 - DEFINITIONS

The following terms as used in this rule shall have the meaning indicated unless otherwise clearly stated in the text:

A. Agricultural lease - The commissioner's conveyance, in writing, of the right to use and possess the surface of specified state land for the production of crops and other products of the soil, animal husbandry or for other related uses. An agricultural lease may be subject to such other rights and uses on the same land as the commissioner may authorize in writing. The lease instrument shall be in a form and contain such provisions as may be prescribed by the commissioner, which provisions shall be deemed to include all pertinent statutes and state land office Rules in effect at lease issuance or as thereafter amended or promulgated.

B. Agricultural sublease - A transaction or arrangement whereby a lessee grants to another rights or interests conveyed to the lessee by an agricultural lease. A sublease is created when the lessee transfers to another either the possession of the leased premises, or a portion thereof, or the management and control of crops and other products of the soil, animals, or other permitted uses located on the leased premises. A sublease is not created when the lessee retains possession of the leased premises and manages and controls crops and other products of the soil or animals located on the leased premises but not owned by the lessee.

C. Authorized improvements - Improvements placed, made or developed on state lands by a lessee with the express written consent of the commissioner; improvements placed, made or developed on state lands by a lessee that are valued within the limitations prescribed by Section 19-7-51 NMSA 1978; improvements placed, made or developed on state lands prior to March 1, 1955; and, improvements placed, made or developed on state lands after March 1, 1955, but prior to March 1, 1975, provided such improvements are approved in writing by the commissioner on or before October 31, 1993.

D. Cultivated land - State trust land suitable for the production of crops or other products of the soil. Cultivated land may be dry cropland, irrigated cropland, orchards or regularly irrigated pasture.

E. Dry cropland - Cultivated land for which rainfall is the only source of water to produce crops.

F. Grazing land - State trust land suitable for the production and utilization of native forage and on which the ecological plant community is suitable for animal husbandry.

G. Irrigated cropland - Cultivated land for which the primary supply of water to produce crops is from a man-made diversion of ground water or surface water.

H. Lessee - The party of record at the state land office who leases state trust land from the commissioner under an agricultural lease.

I. Open acreage - State trust land which is not leased and has not been withdrawn from leasing by the commissioner as shown on the state land office departmental tract books.

J. Replacement cost less physical deterioration or functional obsolescence - The cost of replacing the improvements, at current prices, with improvements having the same utility equivalent, less a deduction for the total loss in value arising from the physical deterioration or functional obsolescence of the improvement.

K."Schedule of fees" - A list of fees that must be paid for performance of certain administrative functions. The schedule of fees shall be published on the state land office website and is subject to change at the discretion of the commissioner. Unless otherwise noted in the schedule of fees or in this rule, the fee shall be non-refundable.

L."Simultaneous applications" - Two or more valid agricultural lease applications that apply to lease the same land and that are received at the state land office on the same regular work day.

M."State trust land" - Land depicted as within the care, custody and control of the commissioner of public lands by the state land office master title tract books.

N."Unauthorized improvements" - Improvements other than authorized improvements placed, made or developed on state trust lands.

N.M. Admin. Code § 19.2.8.7

3/11/81, 1/20/84, 9/30/85, 12/1/92, 6/29/96; 19.2.8.7 NMAC - Rn, 19 NMAC 3 SLO 8.7, 09/30/02; A, 04/15/10, Amended by New Mexico Register, Volume XXVII, Issue 12, June 30, 2016, eff. 6/30/2016