New Mexico Constitution Article XIII - Public Lands
New Mexico Constitution – Article XIII: Public Lands
This article governs the administration, management, and use of public lands granted to the state, particularly those granted by the federal government at the time of statehood. The article ensures that these lands are managed responsibly for the benefit of public institutions, especially schools.
Here is a summary of its main provisions:
Section 1: Trust Lands
Public lands granted to the state by the federal government (such as school lands) are held in trust.
These lands must be used only for the purposes for which they were granted, like supporting public schools, universities, and other institutions.
The state must not sell, lease, or dispose of these lands in a way that violates the trust.
Section 2: Management and Leasing
The Commissioner of Public Lands is responsible for the administration, leasing, and sale of state trust lands.
Leases (e.g., for grazing, mining, oil/gas extraction) must be made at public auction or under other transparent procedures defined by law.
Revenues derived from these leases go into the appropriate trust funds to benefit designated beneficiaries like public schools.
Section 3: Sale of Public Lands
The sale of public lands must follow strict procedures:
Public notice
Public auction or competitive bidding
Lands must not be sold at less than their appraised value.
Payment terms must be clearly regulated by law to ensure accountability.
Section 4: Permanent Funds
Proceeds from sales or leases (such as oil and gas royalties) are deposited into permanent funds for each trust beneficiary (like public schools).
These funds are invested, and only the interest or income from them is used for public purposes—not the principal.
Section 5: Safeguards Against Misuse
The constitution emphasizes that the trust cannot be violated.
Mismanagement or use of funds for unauthorized purposes is strictly prohibited.
In summary, Article XIII establishes state trust lands as a permanent source of support for public institutions, especially schools, and sets strong protections and rules to ensure their responsible management.
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