The management and control of the university of New Mexico, the care and preservation of all its property, the erection and construction of all buildings necessary for its use and the disbursements and expenditures of all money shall be vested in a board of seven regents.
History: Laws 1889, ch. 138, § 9; C.L. 1897, § 3571; Code 1915, § 5119; C.S. 1929, § 130-903; 1941 Comp., § 55-2403; 1953 Comp., § 73-25-3; Laws 1987, ch. 53, § 1.
ANNOTATIONSCross references. — For penalty for interest in contracts for supplies, see 21-1-35 NMSA 1978.
For building and improvement bonds, see 21-7-13 NMSA 1978.
For management by board of regents, see N.M. Const., art. XII, § 13.
For cooperation with bureau of geology and mineral resources, see 69-1-2 NMSA 1978.
Temporary provisions. — Laws 2011, ch. 76, § 1 directed the health sciences center to conduct a study of the feasibility of a program to allow qualified students to matriculate directly from a bachelor of arts degree program to dental school for a doctor of dental science or doctor of dental surgery degree.
Appropriations. — Laws 2012, ch. 62, § 1, effective May 16, 2012, appropriated $1,000,000 from the tobacco settlement program fund to the board of regents of the university of New Mexico for the health sciences center for expenditure in fiscal year 2013 to conduct lung biology research focused on smoking studies, lung cancer and chronic obstructive pulmonary disease drug development under the Speaker Ben Lujan Lung Cancer Research Project.
Scope of powers. — The legislature has expressly recognized the authority of institutions of higher learning to receive benefits and donations from the United States and from private individuals and corporations; to buy, sell, lease or mortgage real estate and to do all things which will be for the best interests of the institutions in the accomplishment of their purposes or objects and, therefore, the legislature lacks authority to appropriate these funds or to control the use thereof through the power of appropriation. State ex rel. Sego v. Kirkpatrick, 1974-NMSC-059, 86 N.M. 359, 524 P.2d 975.
Taxpayer's suit in mandamus not allowed. — The regents of a state university owe their duties to the state of New Mexico, not to a private person, and a taxpayer has no standing to enforce by mandamus a duty owing to the public. Womack v. Regents of Univ. of N.M., 1971-NMSC-043, 82 N.M. 460, 483 P.2d 934.
Regents to be ultimate authority. — In establishing the university of New Mexico, the legislature contemplated that the regents would exercise ultimate authority in the management and control of the university. 1969 Op. Att'y Gen. No. 69-104.
Final action not to be delegated. — It is not within the power of the regents to delegate the right of final action to any other group or body within the university. 1969 Op. Att'y Gen. No. 69-104.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 15A Am. Jur. 2d Colleges and Universities §§ 32 to 35.
14A C.J.S. Colleges and Universities §§ 10, 11, 17.