Section 49-1-11 - Sale or mortgage of common lands; restrictions.
49-1-11. Sale or mortgage of common lands; restrictions.
A. A conveyance of a portion or of all of the common lands of a land grant-merced shall be effective only if:
(1) the conveyance is made in accordance with the land grant-merced bylaws and this section;
(2) the conveyance is made for the benefit of the land grant-merced;
(3) the board of trustees of the land grant-merced has approved a resolution to make the conveyance at a regular meeting held in accordance with Sections 49-1-9 and 49-1-12 NMSA 1978;
(4) the board of trustees has petitioned for an order affirming the board's resolution from the district court of the district in which the property is located; and
(5) the district court has issued an order affirming the board of trustees' resolution pursuant to Subsection E of this section.
B. An heir may file a written protest of a conveyance with the board of trustees of the land grant-merced and the district court within thirty days of the date that the resolution approving the conveyance is passed by the board. The board shall address and make a decision on the protest at a special meeting held in accordance with Sections 49-1-9 and 49-1-12 NMSA 1978 within thirty days of receiving the protest.
C. An heir dissatisfied with a decision of the board of trustees may appeal to the district court of the county in which property is located in the following manner:
(1) appeals to the district court shall be taken by serving a notice of appeal upon the board within thirty days of the decision. If an appeal is not timely taken, the action of the board is conclusive;
(2) the notice of appeal may be served in the same manner as a summons in civil actions brought before the district court or by publication in a newspaper printed in the county in which the property is located, once per week for four consecutive weeks. The last publication shall be at least twenty days prior to the date the appeal may be heard. Proof of service of the notice of appeal shall be made in the same manner as in actions brought in the district court and shall be filed in the district court within thirty days after service is complete. At the time of filing the proof of service and upon payment by the appellant of the civil docket fee, the clerk of the district court shall docket the appeal;
(3) costs shall be taxed in the same manner as in cases brought in the district court and bond for costs may be required upon proper application; and
(4) the proceeding upon appeal shall be de novo as cases originally docketed in the district court. Evidence taken in a hearing before the board may be considered as original evidence subject to legal objection, the same as if the evidence was originally offered in the district court. The court shall allow all amendments that may be necessary in furtherance of justice and may submit any question of fact to a jury or to one or more referees at its discretion.
D. If the district court finds that all requirements of this section have been satisfied and that all protests and appeals are concluded, the court shall issue its order affirming the board of trustees' resolution conveying the property.
E. After the district court issues its order, the board of trustees shall execute the necessary documents in the name and under the seal of the land grant-merced, and all heirs shall be bound by the board's conveyance.