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SANTA FE PACIFIC R. CO. v. PROPERTY TAX DEPT.

No. 2419.

553 P.2d 726 (1976)

89 N.M. 446

SANTA FE PACIFIC RAILROAD COMPANY and Cherokee and Pittsburg Coal and Mining Company, Appellants, v. PROPERTY TAX DEPARTMENT of the State of New Mexico, Appellee.

Court of Appeals of New Mexico.

Rehearing Opinion August 10, 1976.

Attorney(s) appearing for the Case

John R. Cooney, Modrall Sperling, Roehl, Harris & Sisk, Albuquerque, for appellants.

Toney Anaya, Atty. Gen., John C. Cook, Property Tax Dept., Asst. Atty. Gen., Santa Fe, for appellee.

OPINION

WOOD, Chief Judge.

This appeal is concerned with three regulations adopted by P.T.D. (Property Tax Department). The regulations pertain to class one mineral property, both nonproductive and productive. We consider the challenges to each regulation separately. Statutory references are to Articles 28, 29 and 31 of Chapter 72, N.M.S.A. 1953 (Repl.Vol. 10, pt. 2, Supp. 1975).

Regulation 29-11:2 — Class One Nonproductive Mineral Property...

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