N.M. Admin. Code § 19.2.8.21 - SURFACE DAMAGES
A. If
lessee is involved in litigation with any other persons or entities for damages
connected with their leased trust land, lessee must notify the commissioner as
soon as practicable. This notice requirement does not apply to any litigation
involving only the lessee's personal or real property.
B. The notice must be in writing, describe
the litigation, and give the case name and court docket number; and the notice
must be mailed by certified mail to the Commissioner of Public Lands, Office of
General Counsel, P.O. Box 1148, Santa Fe, New Mexico 87504.
C. The commissioner will decide within thirty
(30) days after receiving the notice whether to participate in the litigation.
If the commissioner decides to participate, lessee will not oppose the
commissioner's participation in the litigation; but lessee can choose to oppose
or support the commissioner's claims in the litigation. No response from the
commissioner within thirty (30) days shall be deemed a decision not to
participate. The commissioner's non-participation shall not be a waiver of any
claim regarding damages to the trust lands.
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