Excessive permanent improvements become part of realty.

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Twenty-five percent of all permanent improvements in excess of the amount specified in Section 19-7-51 NMSA 1978 shall be and remain a part of the real estate so offered for sale, except as provided in this and the preceding section.

History: Laws 1913, ch. 29, § 3; Code 1915, § 5259; C.S. 1929, § 132-200; 1941 Comp., § 8-851; 1953 Comp., § 7-8-56; Laws 1975, ch. 111, § 2.

ANNOTATIONS

Compiler's notes. — As enacted, this section ended "except as provided in this act," meaning Laws 1913, ch. 29, §§ 1 to 3. This was changed in the 1915 Code to "except as provided in this and the preceding sections," apparently meaning 5257 to 5259, 1915 Code. Sections 5257 and 5258, 1915 Code, were repealed by Laws 1963, ch. 237, § 6. Laws 1975, ch. 111, § 2, amended this section, substituting "except as provided in this and the preceding section" for "except as provided in this and the preceding sections," among other changes. Section 7-8-53, 1953 Comp., was the first section preceding this section in 1975 that had not been repealed. It is compiled herein as 19-7-51 NMSA 1978.

Cross references. — For compensation of owner of improvements by purchaser or subsequent lessee, see 19-7-14 to 19-7-18 NMSA 1978.

Law reviews. — For note, "Administration of Grazing Lands in New Mexico: A Breach of Trust," see 15 Nat. Resources J. 581 (1975).

Am. Jur. 2d, A.L.R. and C.J.S. references. — What are improvements within lease provisions permitting or prohibiting tenant's removal thereof at termination of lease, 30 A.L.R.3d 998.


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