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SM013
SENATE MEMORIAL 13
57
th legislature
- STATE OF NEW MEXICO -
second session
, 2026
INTRODUCED BY
Leo Jaramillo and Anita Gonzales and Antonio Maestas
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
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 SENATE 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 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.
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