Volume 75 · 86

Public Law 87–40

To waive certain restrictions of the New Mexico Enabling Act with respect to certain sales of lands granted to the State by the United States; and to consent to an amendment of the constitution of the State of New Mexico.

Approved May 27, 1961

Statutory text

AN ACT

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That those provisions

N. Mex.

Sales of lands.

of section 10 of the Act entitled “An Act to enable the people of New Mexico to form a constitution and State government and be admitted into the Union on an equal footing with the original States; and to enable the people of Arizona to form a constitution and State government and be admitted to the Union on an equal footing with the original States”, approved June 20, 1910 (36 Stat. 557, 563), which pro-vides that, in the case of the sale by the State of New Mexico of lands granted or confirmed to the State by such Act, legal title shall not be deemed to have passed until the consideration shall have been paid and any sale not made in substantial conformity with the provisions of such Act shall be null and void, are hereby waived with respect to the following sales by the State of New Mexico of lands which constituted, or constitute, a portion of a tract of land for the sale of which a contract had been previously entered into, but only insofar as such sales would (but for the enactment of this Act) violate the terms and conditions contained in section 10 of such Act because of the fact that the full consideration for the entire tract was not, or is not, paid prior to the time of the sale of such portion and the issuance of the patent therefor:

Any sale of any such portion, if the patent with respect thereto was issued on or before September 4, 1956;

Any sale of any such portion, if the patent with respect thereto is issued after September 4, 1956, and if the right to purchase such portion is derived from an assignment, made on or before September 4, 1956, under the contract to purchase the entire tract; and

Any sale of any such portion, if the patent with respect thereto is issued after September 4, 1956, and if the right to purchase such portion is derived from the contract to purchase the entire tract or from a contract entered into in substitution of such contract, and if the right or rights to purchase all other portions of such tract were, on or before September 4, 1956, assigned or relinquished by the person who entered into such contract.

Amendment of State constitution.

Consent is hereby given to the State of New Mexico to adopt any amendment to the constitution of the State or to enact any laws necessary to carry out the purposes hereof.

Approved May 27, 1961.