Section 49-4-5 - Board of trustees; management of grant; powers.
49-4-5. Board of trustees; management of grant; powers.
The board of trustees shall have the power to:
A. control, care for and manage the land grant-merced and real estate owned by the land grant-merced; prescribe the terms and conditions under which the common lands may be used and enjoyed; and make all necessary and proper bylaws, rules and regulations that shall be in substantial compliance with applicable statutes for the government thereof;
B. sue and be sued and have the standing to sue in law or equity to protect and expand the common lands of the land grant-merced;
C. convey, lease or mortgage the common lands of the land grant-merced in accordance with the land grant-merced bylaws;
D. determine the number of animals that may be permitted to graze upon the common lands and determine other uses of the common lands that may be authorized;
E. prescribe the price to be paid for the use of the common lands and resources of the land grant-merced and prohibit a person failing or refusing to pay that amount from using a portion of the common lands while the person continues in default in those payments; provided that the amount fixed shall be in proportion to the number and kinds of livestock pasturing upon the common lands or to other authorized use of the common lands;
F. adopt and use an official seal;
G. appoint judges and clerks of election at all elections provided for in Chapter 49, Article 4 NMSA 1978 and canvass the votes cast in those elections;
H. make bylaws, rules and regulations, not in conflict with the constitution and laws of the United States or the state of New Mexico, as may be necessary for the protection, improvement and management of the common lands and real estate and for the use and enjoyment of the common lands and of the common waters of the land grant-merced;
I. determine land use, local infrastructure and economic development of the common lands of the land grant-merced; and
J. determine zoning of the common lands of the land grant-merced pursuant to a comprehensive plan approved by the local government division of the department of finance and administration that considers the health, safety and general welfare of the residents of the land grant-merced. The department of finance and administration shall select a qualified arbitrator to arbitrate for zoning conflicts between the land grant-merced and neighboring municipalities and counties.