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The quickest way to reach us is to contact us through the contact form on the website.
Address:
310 Old Santa Fe Trail,
Santa Fe NM 87501
Phone:
505-827-5760
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Agricultural Leasing
NM Administrative Code & Partners
Please click the link below for more information regarding the NM Administrative Code for Agricultural leases and available resource information through our partners.
Agricultural Leasing
Staff Members
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- Samantha “Sami” Sloman — Manager – ssloman@nmslo.gov or (505) 827.5876
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Cody Garcia — Renewals – cgarcia@nmslo.gov or (505) 827.5782
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Lisa Perraglio — Assignments & Collaterals – lperraglio@nmslo.gov or (505) 827.5775
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Ashleigh Schutz — Improvements & Subleasing- aschutz@nmslo.gov or (505) 827.5770
- Kerry Shanks — Road Agreements & Relinquishments & Collaterals- kshanks@nmslo.gov or (505) 476.0218
- General Contact– SRDleasing@nmslo.gov
FAQ- Assignments
Q: Can I transfer my lease to an LLC or other business entity?
A: YES- The entity must be registered with the New Mexico Secretary of State (NMSOS) in “Good Standing”, and the entity’s agricultural associations must be clearly demonstrated. If the agricultural connection is not evident, the application may experience processing delays or may not be approved.
Q: Secretary of State has my name listed differently from the assignment request- What do I do?
A: If there is any case where the name listed on the lease is different from information we are verifying from the Notary or Secretary of State, a Name Affidavit will be required along with a $10.00 filing fee.
Q: The form references a “Purchaser”. What if I want to add a family member to the lease, and no sales transaction occurred?
A: Although the form references a “purchaser”, a sales transaction is not required in order to complete an assignment. If you are adding a family member or transferring interest in the lease without a sale, the individual being added can still be listed as the “purchaser” on the form.
Lease Assignments
An assignment is the transaction used to transfer a lease from the current lessee (individual or entity) to another party (the requested assignee). This transfer represents an agreement between the current lessee and the proposed assignee to assume the rights and responsibilities of the lease for the remainder of the lease term, provided the lease is not in default, any outstanding collateral lease assignments have either been released or the prospective assignee has agreed to assume the outstanding collateral assignment.
With the prior written consent of the Commissioner, a lessee may assign a lease as collateral security, provided the lease is not in default. A collateral assignment does not prevent lease cancellation if other conditions are not met.
To remove an approved collateral assignment, a release of collateral must be submitted
Requirements:
To request an assignment, the following requirements must be met:
- The prospective assignee must be at least 18 years of age
- The name, mailing address, telephone number, and e-mail address of the prospective assignee must be included
- The $100.00 application fee must be included.
- Completed documents must be submitted to the NMSLO Santa Fe office. Satellite offices are not authorized to accept applications or payments
- Original completed documents must be submitted
- If multiple individuals are listed as prospective assignees, a Limited Power of Attorney designating one individual to be the legal decision-maker must accompany the assignment along with a separate $10.00 filing fee
- If a Trust is listed as the purchaser, a copy of the trust shall be provided, along with a separate $10.00 filing fee
How to Apply
Click here to access our forms and applications.
Transfers Upon Death
Transfers upon death may vary depending on whether the estate is subject to probate.
Joint Tenants with Right of Survivorship (JTWROS)
If the lease is executed by two (2) or more lessees designated as Joint Tenants with Right of Survivorship (JTWROS), the interest of a deceased lessee may be transferred to the surviving lessee(s) of record by submitting a death certificate to our office.
If the estate is subject to probate-
If the estate is being administered through probate, the following documentation must be submitted:
- Original documents or court-certified copies of letters testamentary, letters of administration, or the final order determining heirship
- An original death certificate
Once these documents are recorded, the lease will be carried in the name of the estate until the probate process or judicial proceeding determining heirship has been completed. This allows the personal representative of the estate to sign documents on behalf of the lease.
If the estate is not subject to probate-
If the estate is not being probated, the surviving spouse or heirs may request that the lease interest be updated by submitting affidavits. The surviving spouse will supersede heirs in the order of succession. If there is no surviving spouse and multiple heirs, all heirs must be listed. The affidavits must include verification from a disinterested third party and must be notarized.
The following documentation must be submitted:
- An original death certificate
- Affidavit- Surviving Spouse (If there is a surviving spouse)
- Affidavit of Heirship (HEIRS)
- Affidavit of Heirship- Disinterested Person
How to Apply
Click here to access our forms and applications.
FAQ- Improvements
Q: Can I list more than one lease on an improvement application?
A: No – each application should be specific to an individual lease
FAQ- Subleasing
Q: Is subleasing allowed?
A: Yes!
Q: Are there fees associated with subleasing?
A: Yes, subleasing is assessed at a flat rate of 20% of the base lease price.
FAQ- Open Acreage
Q: Is there a list of available Open Acreage?
A: Yes. We can provide a list of available Open Acreage organized by county. Please contact our office and specify the county you are interested in.
Q: I believe a parcel may be open. Can I apply for it?
A: Please contact our office first to confirm the parcel is currently classified as Open Acreage before submitting an application.
Q: Does the appraisal need to be completed by a certified appraiser?
A: No – The appraisal does not need to be completed by a certified appraiser, only a disinterested party.
Agricultural Lease Improvements
Improvements associated with agricultural leases are considered lessee-owned improvements.
Improvements may not be placed, made, or developed on state trust lands without the written consent of the commissioner. All improvements must be placed, made, or developed only by the lessee of record.
The timeframe for implementation of approved improvements will be designated on the approved application form. This timeframe may not exceed the term of the lease (maximum of five years).
If the lease is competitively bid, or applied through open acreage, the NMSLO will request the value of the authorized improvements. Any approved value will be remitted to the previous lessee of record.
Requirements:
- An Improvement Application must be submitted on the prescribed form provided by the NMSLO
- The application must list the type and kind of improvements to be placed, made or developed, along with the estimated cost.
- The application must specify the legal description and subdivision where the improvements will be located
- A $60.00 application fee is required
Important Notes
- Our Cultural Properties Protection (CPP) Rule was implemented on December 1, 2022. This rule requires a cultural property survey for new surface-disturbing activity.
- Cultural Survey Support Program- The Cultural Survey Support Program (CSSP) will provide appropriate archaeological survey and review services to qualified applicants for surface-disturbing activities on state trust land.
- Labor costs are not recognized as a value for improvements
- Roads and road maintenance are not assessed for improvement value
- In any instance when a lessee’s improvements have been cost-shared with a government entity or through a grant, recognized compensation will be equal to the percent, if any, of the original cost paid by the lessee
Completion of Improvements
Upon completion of the approved improvements, the lessee must submit a sworn affidavit notifying the Commissioner of the actual cot of the improvements.
Unauthorized Improvements
Any improvements placed, made, or developed on state trust lands without prior written approval by a person acting in the capacity of a lessee must be submitted through a validation of improvements application request. If approved by the Commissioner, the maximum value recognized for these improvements will be limited to 75% of the actual cost.
Any Improvements placed, made, or developed on state trust lands without prior written approval by a person not acting in the capacity of a lessee
How to Apply
Click here to access our forms and applications.
Subleasing
The New Mexico State Land Office allows subleasing on agricultural leases with prior written consent from the Commissioner. A sublease cannot extend beyond the term of the base lease.
Application to sublease must be submitted using forms prescribed by the Commissioner and must include payment for the first year of the sublease.
Sublease Rental
- The sublease rental amount is 20% of the base lease rental rate
- Subleases for a partial-year term are not prorated and must be paid at the full annual sublease rate.
How to Apply
Click here to access our forms and applications.
Open Acreage
If an agricultural lease is cancelled or expires, the land is placed into Open Acreage status. When land becomes Open Acreage, potential lessees may apply to lease the parcel through the Open Acreage Application process.
Applications for Open Acreage may only be submitted for state trust lands identified as Open Acreage in the State Land Office departmental tract books
If multiple applications are received for the same Open Acreage parcel at the same time, the lease will be awarded through a sealed competitive bid process, and the highest qualified bidder will receive the lease.
An application may be rejected if:
- The acreage is not available for agricultural leasing
- There is an existing lessee on the property
- The Commissioner determines that awarding the lease would not be in the best interest of the trust
Applicants are encouraged to review the available mapping resources to verify that the land is classified as Open Acreage before submitting an application.
Applicant Responsibilities
Applicants should be aware of the following requirements:
- The applicant must secure legal access to the parcel of interest
- Fencing is required for new leases to protect state trust lands from waste and trespass
- Request to lease Open Acreage must be submitted using forms prescribed by the Commissioner
Application Requirements
All Open Acreage applications must include the following:
- A $100.00 application fee
- A sworn appraisal of the land and any improvements located within the requested lease area
- The appraisal must be completed by a disinterested third party
- A deposit equal to the appraised value of any improvements, or a bill of sale, or waiver of payment signed by the holder of the improvements
- A deposit for the first year’s offered rental amount
How to Apply
Click here to access our forms and applications.
Important Renewal Deadlines
April 13th – Final Date to Submit Lease Change Requests
In preparation for the renewal process, lessees should review their existing lease information carefully. If any updates or corrections are needed, this is the final date to submit requests for changes to your lease before the renewal process begins.
August 1st – Right to Match Competitive Bid
If a competitive bid is submitted on your lease, you have the statutory right to match the competing offer. To exercise this right, all required documentation for the renewal must be completed and in our Santa Fe office by this deadline.
September 1st- Opportunity to Participate in a Sealed Competitive Bid
If a competitive bid has been submitted on your lease, you may choose to participate in the sealed competitive bidding process. During this process, the lease will be awarded to the highest qualified bidder.
November 1st- Final Opportunity to Renew
If no competitive bid has been submitted and the previous deadlines have all been missed, November 1st is the final deadline to submit renewal information. If renewal contracts are not received by this date, the lease will expire, and the land associated with the lease will be reclassified as “Open Acreage.”
FAQ- Renewals
Q: Do I need to include a processing fee with my renewal?
A: Yes – A $50.00 renewal processing fee is required in addition to the annual rental payment when submitting your renewal.
Q: What happens if a lessee has passed away?
A: The NMSLO has procedures for handling leases held by deceased parties. The appropriate process depends on whether the estate is subject to probate. For more detailed information, please refer to the Transfer Upon Death section.
Q: Does everyone listed on the lease need to sign the renewal?
A: Yes – All parties listed on the lease must sign the renewal, unless there is a valid miscellaneous instrument, such as a Power of Attorney, authorizing someone else to sign on their behalf.
Renewals
Approximately one-fifth of New Mexico State Trust Land grazing leases are renewed each year. Renewal applications are mailed in mid-June and must be received by the State Land Office no later than 5:00 p.m. on August 1 to preserve the current lessee’s right to match a competitive bid.
Instructions are included within the renewal packet and should be followed carefully.
Important Requirements
Please note the following when submitting your renewal:
- Faxed or emailed applications are not accepted
- Copies of documents are not accepted; original documents are required.
- A renewal will not be marked as complete until all required materials are received.
- The renewal packet must include:
- Completed and properly signed lease contracts
- Correctly notarized signatures
- Signed improvement listing
- Any additional documentation required for signing verification
- $50.00 renewal processing fee
- Annual rental payment
- The renewal packet must include:
Competitive bidders must obtain, complete, and submit the required forms to the State Land Office no later than September 1.
If a competitive bid is submitted, the current lessee must have their renewal application completed by September 1st in order to participate in the sealed bid process.
Applications received after this deadline will not be eligible to participate.
NM Administrative Code (NMAC) and Partner Information
Do you need some help?
The quickest way to reach us is to contact us through the contact form on the website.
Address:
310 Old Santa Fe Trail,
Santa Fe NM 87501
Phone:
505-827-5760