A person aggrieved by a decision of the commissioner may appeal to the district court pursuant to the provisions of Section 39-3-1.1 NMSA 1978.
History: Laws 1912, ch. 82, § 72; Code 1915, § 5250; C.S. 1929, § 132-184; 1941 Comp., § 8-866; 1953 Comp., § 7-8-71; Laws 1998, ch. 55, § 28; 1999, ch. 265, § 29.
ANNOTATIONSCross references. — For procedures governing administrative appeals to the district court, see Rule 1-074 NMRA.
The 1999 amendment, effective July 1, 1999, substituted "Section 39-3-1.1" for "Section 12-8A-1".
The 1998 amendment, effective September 1, 1998, rewrote this section to the extent that a detailed comparison is impracticable.
Section does not violate any constitutional provision. Application of Dasburg, 1941-NMSC-024, 45 N.M. 184, 113 P.2d 569.
Approval of sureties on bond. — The commissioner's duty to approve sureties on bond does not extend to the power of rejecting individual sureties and requiring one single, paid, corporate surety; such ruling is an abuse of his discretion. State ex rel. Walker v. Hinkle, 1933-NMSC-032, 37 N.M. 444, 24 P.2d 286.
Lease cancellation appealable. — Lessee whose lease was canceled for subleasing without consent of commissioner of public lands was entitled to appeal to district court. Commissioner of Pub. Lands v. Van Bruggen, 1947-NMSC-009, 51 N.M. 108, 179 P.2d 528.
Appeal of contract cancellation by trespasser. — A railroad, which was not a party to a case before state land commissioner initiated by an order to show cause why a contract to purchase realty on which such railroad as a trespasser had made improvements should not be canceled, was not in position to urge a judgment in the supreme court directing cancellation of the contract, but could appeal to district court. Application of Dasburg, 1941-NMSC-024, 45 N.M. 184, 113 P.2d 569.
Mandamus unavailable. — This section provides an adequate remedy at law for anyone who is aggrieved by the action of the commissioner of public lands and, therefore, mandamus does not lie to compel the duties alleged to be due. Andrews v. Walker, 1955-NMSC-072, 60 N.M. 69, 287 P.2d 423.
Unless right of appeal denied. — The commissioner cannot deny the right of appeal granted herein without being amendable to mandamus. State ex rel. Walker v. Hinkle, 1933-NMSC-032, 37 N.M. 444, 24 P.2d 286.