STUDY RESTRUCTURING LAS VEGAS LAND GRANT

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A MEMORIAL
REQUESTING THE GUADALUPE HIDALGO TREATY DIVISION OF THE
DEPARTMENT OF JUSTICE AND THE LAND GRANT COUNCIL TO STUDY THE
POTENTIAL CONSEQUENCES OF RESTRUCTURING THE LAS VEGAS LAND
GRANT.
WHEREAS, the Las Vegas land grant is uniquely situated
as the only land grant in the state that is managed,
controlled and administered by a district court; and
WHEREAS, ownership of the land comprising the Las Vegas
land grant was disputed after the land was conveyed to
several different grantees by the Mexican government between
1821 and 1835, resulting in several competing claims for this
land before United States occupation; and
WHEREAS, after occupation by the United States
government in 1846, individuals outside of the land grant
entered the land, recognized the ambiguity of its legal
ownership and pursued various court actions that resulted in
the Las Vegas land grant being managed by the district court
of San Miguel county, as opposed to heirs or occupants of the
land grant; and
WHEREAS, many argue that these conditions stripped land
grant members, heirs and occupants of the Las Vegas land
grant of the ability to self-govern and participate in the
democratic process; and
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WHEREAS, the provisions directing the district court of
San Miguel county to manage and appoint the board of trustees
for the Las Vegas land grant were enacted in 1903 and are
currently codified in Chapter 49, Article 6 NMSA 1978; and
WHEREAS, these provisions vest jurisdiction with the
district court of San Miguel county to manage, control and
administer the Las Vegas land grant and direct the court to
appoint the board of trustees, oversee the board and
promulgate rules for the board to manage the land grant and
conduct business; and
WHEREAS, despite these legal requirements, the fourth
judicial district court, the court that currently occupies
this role, has expressed confusion in this role due to its
peculiar nature and lack of guidance as to how to perform
these duties; and
WHEREAS, the fourth judicial district court and Las
Vegas land grant members agree that this form of governance
should be altered; however, given the historically fraught
nature of this situation, further study is needed to evaluate
and consider the potential consequences that could result
from making these changes to New Mexico law;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF
REPRESENTATIVES OF THE STATE OF NEW MEXICO that the Guadalupe
Hidalgo treaty division of the department of justice and the
land grant council be requested to study the potential
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consequences that could ensue from changes to Chapter 49,
Article 6 NMSA 1978 divesting management and appointment
authority from the fourth judicial district court and
restructuring the governance of the Las Vegas land grant; and
BE IT FURTHER RESOLVED that the department of justice
and the land grant council be requested to report findings
and conclusions responsive to this request to the appropriate
legislative committees that address issues impacting land
grants and rural communities by December 1, 2026; and
BE IT FURTHER RESOLVED that copies of this memorial be
transmitted to the director of the Guadalupe Hidalgo treaty
division of the department of justice, the chair of the land
grant council, the president of the board of trustees of the
Las Vegas land grant and the chief judge of the fourth
judicial district court.