[Lessee's preferential right to renew or purchase; notice to vacate when another purchases.]

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Any lessee of such mineral lands, or the heirs, successors or assigns of such lessee, shall have a preferential right to a renewal lease, or to purchase during the life of such lease, provided all terms and conditions of the expiring lease shall have been fully performed. In case of purchase by another, one year's notice to vacate shall be given to the lessee.

History: Laws 1912, ch. 82, § 39; Code 1915, § 5216; C.S. 1929, § 132-139; 1941 Comp., § 8-908; 1953 Comp., § 7-9-8.

ANNOTATIONS

Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.

Cross references. — For right of owner of improvements on state lands to be compensated for same by purchaser or subsequent lessee, see 19-7-14 NMSA 1978.

"Mineral lands". — The term "mineral lands" means lands upon which metals or minerals have been discovered in rock, in place. State ex rel. Otto v. Field, 1925-NMSC-019, 31 N.M. 120, 241 P. 1027.

Severance of surface rights. — Commissioner of public lands may sell some estate in the lands independent of the minerals. State ex rel. Otto v. Field, 1925-NMSC-019, 31 N.M. 120, 241 P. 1027.

Quiet title action against state. — Action to quiet title and remove cloud thereon, commenced by the holder of a contract of purchase of state lands, whereby it is sought to set aside and annul the reservation of minerals contained therein, is an action against the state. American Trust & Sav. Bank v. Scobee, 1924-NMSC-022, 29 N.M. 436, 224 P. 788.


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