Delma E. PRATHER, as Trustee of the Delma E. Prather Revocable Trust, Plaintiff-Appellant,
v.
Patrick H. LYONS, Commissioner of Public Lands of the State of New Mexico, Defendant-Appellee, and
Mainline Rock & Ballast, Inc., Defendant.
Court of Appeals of New Mexico.https://leagle.com/images/logo.png
New Mexico State Land Office, John L. Sullivan , Associate Counsel, Santa Fe, NM, for Appellee.
Brennan & Sullivan PA, Michael W. Brennan , Santa Fe, NM, for Amicus Curiae N.M. Farm & Livestock Bureau.
Court of Appeals of New Mexico.
OPINION
SUTIN, Judge.
{1} State trust land was originally sold in 1930 to a purchaser who bought the land for grazing purposes. This original purchaser received a patent in 1947 and sold the land in 1982. The land contained surface and subsurface metamorphic rock, and the character of the surface and its use for grazing did not change from 1930 to 1982. After the 1982 sale, the successor landowner's lessee mined, crushed, and sold the rock for...
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