Section 19-13-23 - Violation of lease; notice; forfeiture

The commissioner may cancel any lease issued pursuant to the Geothermal Resources Act for nonpayment of rentals, nonpayment of royalties or for violation of any of the terms, covenants or conditions of the lease. Before any cancellation shall be made, the commissioner shall mail to the lessee or assignee, by registered or certified mail, addressed to the post-office address of the lessee or assignee shown by the lease or by specific written notice of change of address given by the lessee, a thirty-day notice of intention to cancel the lease, specifying the default for which the lease is subject to cancellation. No proof of receipt of notice shall be necessary and thirty days after such mailing, the commissioner may enter cancellation unless the lessee shall have remedied the default prior to this time; provided that if the violation could not be remedied within the thirty-day period and the lessee shall have commenced operations to remedy the violation within such period, the lease shall not be canceled for a period not to exceed one year as long as the lessee diligently pursues actions necessary to remedy the violation or after the violation is remedied.

such period, the lease shall not be canceled for a period not to exceed one year as long as the lessee diligently pursues actions necessary to remedy the violation or after the violation is remedied. History: 1953 Comp., § 7-15-23, enacted by Laws 1967, ch. 158, § 23; 1979, ch. 386, § 6. ANNOTATIONSCross references. — For forfeiture for failure to comply with purchase contract, see 19-7-19 NMSA 1978. For forfeiture of lease for failure to pay rent, see 19-7-34 NMSA 1978. For grounds of forfeiture of agricultural or grazing lease, see 19-7-35 NMSA 1978. For forfeiture procedure on violation of lease or other written instrument, see 19-7-50 NMSA 1978. For forfeiture for defrauding state of royalties, see 19-8-1 NMSA 1978. For forfeiture on failure to develop and operate mineral lands in workmanlike manner, see 19-8-13 NMSA 1978. For forfeiture of certain mineral leases for violation thereof, see 19-8-27 NMSA 1978. For forfeiture on failure to comply with coal lease, see 19-9-13 NMSA 1978. For cancellation of oil and gas lease, see 19-10-20 NMSA 1978.