A. The division shall:

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Terms Used In New Mexico Statutes 15-3B-4

  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.

(1)     assign the use or occupancy of state buildings and lands under its jurisdiction to the state agency or political subdivision that may make the best and highest beneficial use of the property;

(2)     regulate the use or occupancy of buildings and real property under its jurisdiction and make reasonable requirements for the continuation of that use or occupancy;

(3)     establish space standards for buildings under its jurisdiction;

(4)     have custody of all maps, deeds, plats, plans, specifications, contracts, books and other papers connected with state buildings under its jurisdiction;

(5)     secure copies of all documents of title to all real property under its jurisdiction held in the name of the state or for the use of the state, and index those documents so that the status of real property held by the state under its jurisdiction can be readily ascertained;

(6)     control the lease or rental of space in private buildings by state executive agencies other than the state land office, including inspection for code compliance and life and safety issues. The director may act as lessee on behalf of a state agency if the division determines it is in the best interest of the state;

(7)     make rules for the conduct of all persons in and about buildings and grounds under its jurisdiction necessary and proper for the safety, care and preservation of the buildings and grounds and for the safety and convenience of the persons while they are in and about the buildings and grounds;

(8)     have the power to sell state buildings and real property under its jurisdiction in accordance with Sections 13-6-2 and 13-6-3 N.M. Stat. Ann.. Any such sale shall be by quitclaim deed;

(9)     have the power to purchase title insurance or a title opinion in conjunction with the sale of state buildings or land;

(10)    have the power to enter into contracts for the improvement, alteration and reconstruction of the state buildings under its jurisdiction, including the governor’s residence, and for the design and construction of additional buildings, to the extent funds are available;

(11)    develop long-range programs for the continuing preservation and repair of buildings and improvements and for beautification of grounds and premises under its jurisdiction;

(12)    conduct continuing review and analysis of requirements for additional structures and facilities to house state agencies;

(13)    ensure that on-site inspections of capital projects are conducted to verify that construction specifications are being met; and

(14)    receive gifts, grants and donations from the federal government or other sources for the public buildings repair fund.

B. The provisions of this section are subject to federal law or rules if the buildings or property was purchased with federal funds.

C. The division and a state agency or institution that controls property exempt from the jurisdiction of the division may enter into a joint powers agreement pursuant to the Joint Powers Agreements Act [11-1-1 N.M. Stat. Ann.] giving the division the power to exercise control of the property as specified in the agreement.