A REPORT. State Owned Lands Within New Mexico s Community Land Grants

Transcription

1 A REPORT State Owned Lands Within New Mexico s Community Land Grants Submitted to the Commission of Public Records in fulfillment of Professional Services Contract For the New Mexico State Legislature Land Grant Committee By Robert J. Tórrez June 30, 2006

2 Table of Contents Purpose and scope of Report Page 4 Part One: Land grants identified in the 2004 report as having state owned property within their boundaries.. Page 9 Bernalillo County.. Page 10 - Town of Atrisco Land Grant Mora County. Page 12 - Town of Mora Land Grant Rio Arriba County. Page 14 - Merced del Pueblo de Abiquiu - Tierra Amarilla Land Grant Sandoval County... Page 23 - Cañon de San Diego Land Grant San Miguel County... Page 25 - San Miguel del Vado Land Grant - Town of Las Vegas Land Grant Santa Fe County... Page 32 - Caja del Rio Land Grant - Juan de Gabaldón Land Grant Socorro County. Page 34 - Town of Socorro Land Grant Taos County.. Page 37 - Sangre de Cristo Land Grant Torrance County... Page 40 - Town of Manzano Land Grant Valencia County Page 42 - San Clemente Land Grant Summary of Acreage, by Land Grant... Page 44 Part Two: Chapter 49 Statute Specific Grants Page 45 Town of Chaperito Land Grant Town of Chilili Land Grant Doña Ana County Grants Nuestra Señora del Rosario, San Fernando y Santiago Land Grant Town of Tecolote Land Grant 2

3 Part Three: Chapter 49 Land Grants Registered with the Secretary of State as per , NMSA 1987 Page 52 Town of Alameda Land Grant /aka/ Francisco Montes Vigil Land Grant Town of Bernalillo Land Grant /aka/ Felipe Gutierrez Land Grant Canon de Carnue Land Grant Cristobal de la Serna Land Grant Don Fernando de Taos Land Grant La Majada Land Grant Association /aka/la Merced del Rancho de la Majada /aka/ La Merced del Ojito La Merced de Sangre de Cristo La Merced de San Juaquin del Rio de Chama Las Vegas Land Grant Merced Comunitaria Juan Bautista Baldes Merced del Pueblo Abiquiu Mora Land Grant Association Santo Tomas Apostol del Rio de Las Trampas Land Grant Tierra Amarilla Land Grant Town of Tome Land Grant Part Four: Community Land Grants found to have state-owned properties within their historic boundaries but not reported in the 2004 report Page 56 Appendix: 2004 Report Page 57 Cover photo: Cultivated field near Villanueva, San Miguel del Vado Land Grant. Photo by Robert J. Tórrez 3

4 Purpose and Scope of Report Background of Project: On May 5, 2004, the Department of Finance and Administration, Contracts Review Bureau, approved a professional services contact between the New Mexico Commission of Public Records and this contractor to conduct research and submit a report to the Agency in compliance with Senate Joint Memorial 10, 46 th Legislature, Second Session, 2004 [hereafter referred to as SJM 10]; requesting that the State Records Center and Archives determine the extent to which the State owns land that previously were common land of Spanish or Mexican land grants. To fulfill the ends of SJM 10, this agreement specified that the contractor was to: [A] Conduct research in the state archives and other government agencies to identify documents pertaining to Spanish ( ) and Mexican ( ) land grants to determine what State owned land may have been part of former common lands within community land grants. [B] Identify the location and extent of said land and correlate the legal description of these properties with information known about community land grants. [C] Submit a report of findings to the Agency by July 31, Said report was submitted to the Commission of Public Records on July 27, 2004 and is appended herein. This report will be referred to as the 2004 report in the context of the current, 2006 report. The said report identified state-owned properties that are or seemed to be located within the boundaries of current or former Spanish or Mexican era community land grants. These properties are summarized in the 2004 report appended herein for reference and shown to belong principally to three state agencies: State Parks Division of the Energy, Minerals & Natural Resources Department Department of Game & Fish Property Control Division, General Services Department 4

5 Scope of the 2006 Report On January 26, 2006, the Commission of Public Records entered into a second agreement with this contractor to continue the survey of state-owned properties identified within the boundaries of the community grants and document chain of title for the properties identified in the 2004 report. The land grants identified in this 2004 report as having state-owned properties within their exterior boundaries are as listed below. Capsule histories, listings of state owned properties and chains of title to these are found in Part One of this report (see p. 8). It should be noted that the chains of title described herein do not constitute or pretend to be an abstract of title for any of the state owned properties within the individual grants. Abstracts of title are legal documents beyond the scope of this study and report. The chains of title described in this report constitute an overview of how these properties reverted to state ownership. As the report will show, land transactions within some grants have been so complex that a chain of title cannot be demonstrated in a straightforward or simple manner without benefit of or reference to a full abstract of title, which has not been done or is otherwise not available for most of the state owned properties within the following land grants. Town of Abiquiu Town of Atrisco Caja Del Rio Doña Ana County Grants Juan de Gabaldon Town of Las Vegas Town of Manzano Town of Mora San Clemente Sangre de Cristo San Miguel del Bado Town of Socorro Tierra Amarilla The contract further stipulated that identification of state owned properties and research of chain of title to said properties was to extend to state-owned properties within the boundaries of land grants subject to the General Provisions of Chapter 49, NMSA 1978 Chapter 49, Articles 3 through 10. These statute-specific grants are listed below. Capsule histories and listings of state owned properties within these grants are found in Part Two of this report (see p. 35). Grants shown with an asterisk (*) are the same as the grants of the same name identified in Part One and an identification of state owned property within these is not repeated in Part Two. Town of Chaperito Town of Chilili Doña Ana County Grants* Town of Las Vegas* Town of Manzano* Nuestra Señora del Rosario, San Fernando y Santiago Grant (Truchas Land Grant) Town of Socorro* Town of Tecolote 5

6 The contract further stipulates that identification of state owned properties was to extend to the land grants identified in Chapter 49, NMSA 1978, Article 1, Section 23, which established the New Mexico community land grant registry. The Chapter 49 grants registered with the Secretary of State under this provision are listed below. Information about these grants and listing of state owned properties within the boundaries of these grants is found in Part Three (see p. 40) of this report. Grants shown below with a double asterisk (**) are the same as the grants identified in Part One above. Town of Alameda Land Grant /aka/ Francisco Montes Vigil Land Grant (Bernalillo and Sandoval Counties) Town of Bernalillo Land Grant /aka/ Felipe Gutierrez Land Grant (Sandoval County) Canon de Carnue Land Grant (Bernalillo County) Cristobal de la Serna Land Grant (Taos County) Don Fernando de Taos Land Grant (Taos County) La Majada Land Grant Association /aka/la Merced del Rancho de la Majada /aka/ La Merced del Ojito (Sandoval County) La Merced de Sangre de Cristo (Taos County) ** La Merced de San Juaquin del Rio de Chama (Rio Arriba County) Las Vegas Land Grant (San Miguel County) ** Merced Comunitaria Juan Bautista Baldes (Rio Arriba County) Merced del Pueblo Abiquiu (Rio Arriba County) ** Mora Land Grant Association (Mora County) ** Santo Tomas Apostol del Rio de Las Trampas Land Grant (Rio Arriba County) Tierra Amarilla Land Grant (Rio Arriba County) ** Town of Tome Land Grant (Valencia County) Limits of this report The first thing that must be understood is that no part of this report can be considered to constitute an abstract of title to any particular parcel of land described herein. It should also be noted that the report does not claim to include every state owned property within every extant or former community land grant in New Mexico. The scope of the project was limited to the land grants identified in the 2004 report as having state owned lands within their boundaries and the Chapter 49 grants identified above. The June 2004 General Accounting Office report, Treaty of Guadalupe Hidalgo, Findings and Possible Options Regarding Longstanding Community Land Grant Claims in New Mexico (GAO-04-59), identified 295 Spanish and Mexican period land grants in New Mexico. At least 130 of these were documented community land grants or grants that had certain characteristics of community land grants. It would be a daunting task to determine what segments of these community grants were or are privately owned, separate these from what was commons and then identify state owned property within that segment that was commons. The task is further complicated by the fact that the state of New Mexico and its various agencies and commissions own hundreds of buildings and parcels of property as well as hundreds of easements and right-of-ways. For mere convenience and sake of manageability, individual buildings and their lots, easements and right-of-ways 6

7 are not included in this report. For example, the Property Control Division inventory of state property for Bernalillo County lists 105 individual buildings and properties, all of which are probably within what was at one time a private or community land grant. The same can be said about the City of Santa Fe and its surroundings. Virtually every state owned building and parcel of land within the historic boundaries (and outside the context of the plaza) of the Town or Villa of Santa Fe is probably on land that was once considered commons. The same can also be said of virtually every New Mexico community founded prior the United States occupation of This contract did not call for recommendations. That said, it must be noted that there seems to be a need to standardize requirements for the documentation of state property. Most state-owned properties do not have abstracts of title as part of the documentation of the property purchases. The New Mexico State Game and Fish Commission, by practice if not policy, has on file an abstract of title for each of the properties they have purchased during the past decades. It seems this should be, if it is not already, policy for all state owned property. Typically, documentation for many state owned properties consists of quit claim and/or warrant deeds. Many of these have inadequate plats and few surveys on file to assist in the location of the said properties. Acknowledgements The research conducted for this project was made possible through the kind cooperation and assistance of a number of individuals. First, I must thank Sandra Jaramillo, Administrator of the N. M. State Records Center and Archives. Her gentle guidance and encouragement kept me on track when the scope of the project seemed to grow beyond my personal ability to tackle it within the time and resources allotted to it. Thanks also to Ana Anaya at the Secretary of State s office and Rep. Miguel P. García (D-Bernalillo). Rep. García s support on behalf of the struggles of community land grants is widely appreciated. Certainly, the project would not have been possible without the cooperation of the many community land grant officers and members who provided me information and guidance. Georgia Roybal of the Land Grant Forum, Jaime Sánchez of the Atrisco grant, Juan Sánchez of Chilili, Hilario Romero and Ernesto Lujan of the Las Vegas grant, Paul Martínez of the Sangre de Cristo land grant, Virgil Trujillo of Abiquiú and Lawrence Sánchez of Tomé were primary sources. My meeting with Joe and Angela Herrera, Luis Martinez and Jane Pacheco of the Tecolote land grant was an early inspiration. Special thanks to San Miguel County Assessor Albert Padilla. It would have taken me forever to trace chain of title to the Storrie and McAlister Lake properties without his help. Thanks also to Irisha Corral and the staff at NMHU for the help and cooperation in accessing the Las Vegas Land Grant records on microfilm at Donnelly Library. Several individuals also provided invaluable help in accessing the records of the various state agencies. Melinda Benavidez, Property Specialist at Game & Fish went above and beyond with the cooperation and assistance that enabled me to access the very extensive property records they maintain. Thanks also to Christy Tafoya, Program Manager at New 7

8 Mexico State Parks and Michael Northup and his staff at Property Control Division. The access and assistance they provided was invaluable. And of course, this report is brightened and enlightened by the maps produced by Moises Gonzales. The will be very useful in helping the reader visualize the location and relative size of the land grants described in Part One. A note however, about these maps. The county maps incorporated herein include only those grants mentioned or referred to in the report. It would be a major, but nonetheless significant project and important research tool to produce county maps that include every known community and private land grant. This may be a future project worthwhile of the consideration of the Land Grant Committee. 8

9 Part One Land grants identified in the 2004 report as having state owned property within their boundaries This section of the report identifies and describes state owned lands that were identified in the 2004 report as being within the boundaries of community land grants mercedes as defined in Chapter 49 of NMSA 1978 and listed on page 4 of this report. The following pages will list the individual land grants, provide a capsule history of each grant, identify the state owned lands within the grant and provide a general chain of title that shows how these community land grant properties reverted to the state. It should be noted here that upon further investigation, it has been determined that three of the land grants identified in the 2004 report as having state owned properties within their boundaries were not community land grants. The Caja del Rio and Juan de Gabaldon land grants in Santa Fe County and the San Clemente land grant in Sandoval County were private land grants and therefore do not fall within the scope of this study. The descriptions of these grants and acreages of state owned property therein are included here only for reference. 9

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11 Town of Atrisco Land Grant Description of grant: The Town of Atrisco land grant constitutes a significant portion of what is modern day Albuquerque west of the Rio Grande. The grant traces its history to a decree of grant made on April 28, 1768 by Spanish Governor Fermín Mendinueta. The grant was one of the first to organize itself as a corporate entity under the U. S. territorial government, incorporating as the Town of Atrisco on April 21, During this early period of incorporation and before it was confirmed by the Court of Private Land Claims the town lost a significant portion of its community lands when 12,000 of its surveyed 82, acres were sold in 1899 to pay the costs of surveying the grant, a grand total of $ The grant was operated under the auspices of the Town of Atrisco until In 1967 the Town of Atrisco land grant reorganized under Chapter 43, Laws of 1967 and converted to a general corporation as the Westland Development Corporation. On November 15, 1969, the trustees of Town of Atrisco issued a quit claim deed to all its holdings to Westland. State owned property within the Town of Atrisco land grant: The state of New Mexico holds numerous properties within Bernalillo County. The New Mexico Property Control Division alone lists 105 individual properties in its inventory lots and buildings of unspecified acreage. Of these, the state owns seventy six (76) individual lots in reasonably contiguous proximity to each other in the Volcano Cliffs Subdivision adjacent to or within the Petroglyph National Monument in western Albuquerque (sections 22, 23, 26 & 27 of T. 11N, R. 2E, Bernalillo County), that are clearly within the Atrisco land grant. The documentation for these 76 lots consists of warranty deeds from individual or corporate owners who obtained the lots from developers who in turn purchased from Westland Development Corporation. The individual acreage of these 76 lots is not noted in any of the warranty deeds but likely does not exceed fifty (50) acres. The state purchased the lots to mitigate the effects of development on the petroglyphs and protect this ancient resource. The state is in the process of purchasing additional lots in this area as this report is being prepared. There is no abstract of title for these properties. Total state owned property in Town of Atrisco Land Grant: Less than 50 acres 11

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13 Town of Mora Land Grant The Town of Mora land grant is located in the county of that same name. The grant was made by the Mexican government in 1835 to a group of settlers who had established two principal plazas in the Santa Getrudis and San Antonio Valleys west of the Sangre de Cristo Mountain range. It is one of the largest community grants made by either the Spanish or Mexican governments in New Mexico, covering approximately 827,000 acres. Residents of the town of Mora submitted a petition for confirmation of the grant to Surveyor General William Pelham in Congress confirmed the grant on June 21, 1860, and a patent issued to the petitioners in The Town of Mora grant was embroiled in the land grabs typical of that time even before the patent was issued. By 1876, a number of speculators among whom were Thomas B. Catron and Stephen B. Elkins, had purchased interests in the grant from a number of the original seventy six (76) grantees and their heirs or assigns. A subsequent 1877 partition suit and an 1887 decision by the grant governing bodies to allocate the last remaining commons adjacent to the town of Mora (Santa Gertudis) resulted in the privatization of significant portions of the grant by the time the District Court ordered the auction of all remaining unallocated lands in State owned property within the Town of Mora land grant: The state of New Mexico, State Parks Division, owns approximately acres north of Guadalupita that constitute Coyote Creek State Park. The property consists of two parcels. It should be noted that despite repeated attempts, I was unable to contact officers of the Town of Mora Land Grant to confirm if there are additional state owned properties with the grant. Parcel 1: Warranty Deed, April 24, 1969, Coyote Creek Investment Corporation to State of New Mexico, 80 +/- acres. This parcel preciously obtained by the Coyote Creek investment Corp. from Peter & and Evelyn H. McAtee, part of a larger parcel of 1, acres of tract C, formerly of Eusebio Romero and tract D, formerly of Francisco Archuleta. Parcel 2: General Warranty Deed, October 14, 2004, The Trust for Public land to NM State Parks Division, /- acres. Total state owned property in the Town of Mora land grant: /- Acres 13

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15 Merced del Pueblo de Abiquiú Town of Abiquiú Land Grant Description of grant: The Abiquiú land grant is one of the oldest community land grants in northern New Mexico. Located in what is now Rio Arriba County, the community was established on a plateau overlooking the Chama River by a grant issued to a group of genízaros, Hispanicized Christian Indians, in Heirs to the grant initially submitted their application for confirmation to the U. S. Surveyor General in 1883, but Congress took no action the grant. The application for conformation was renewed before the Court of Private Land Claims and the grant was confirmed in A patent for 16,547 acres was issued for the Abiquiu grant in The Abiquiu grant still exists as a corporate entity which manages approximately 14,000 acres of its original holdings. In 1942 the grant reorganized itself into the Abiquiú Cooperative Livestock Association which managed the grant, made some limited allotments to its members and issued quit claim deeds to residents for their individual private holdings within the grant. The grant is now registered with the Secretary of State as the Merced del Pueblo de Abiquiú. State owned property within the Abiquiú land grant: The 2004 report identified one tract of state owned land located west of the Chama River consisting of acres owned by the New Mexico State Game Commission and managed by the NM Department of Game and Fish. The property was obtained from the NM State Highway Department through a quit claim deed dated April 26, There is no abstract of title for this property. There are no other state owned properties with the Abiquiu grant. Total state owned property in Town of Abiquiú land Grant: Acres 15

16 Tierra Amarilla Land Grant The Tierra Amarilla Land Grant is the community grant with the most state owned property within its boundaries. Straddling the New Mexico Colorado border, it also has one of the most controversial and contentious histories of any land grant. The Tierra Amarilla grant was made by the Mexican government to Manuel Martínez, his sons and a number of unnamed associates from Abiquiú in By every standard of the time, the grant was a community grant, but when Francisco Martínez, Manuel Martínez son, applied to Surveyor General William Pelham for confirmation of the grant in 1856, he did so on behalf of himself and his family only. Pelham quickly recommended the grant to Congress as a valid grant and Congress confirmed it to Francisco Martínez as a private grant in By the time the grant was patented to Martínez (who had died in 1874) in 1881, most of the grant had been sold to private interests and in 1883, Thomas Benton Catron filed suit to quiet title to the entire grant (which had been surveyed at nearly 600,000 acres) in his name. The suit quieted title to the entire grant to Catron with exception of some exclusions that encompassed the land allotments Francisco Martínez had made to settlers who had established communities in the grant and other interests that had been acquired by individuals such as Thomas D. Burns. As a consequence, Tierra Amarilla s communities eventually lost access to all their traditional commons lands. All chains of title for land outside the Catron exclusions in the Tierra Amarilla run through the patent issued to Francisco Martínez by the U. S. government in 1881 and the subsequent quieting of title by Thomas B. Catron in All subsequent abstracts of title are based on the Abstract of Title to the Tierra Amarilla Grant prepared by Benigno C. Hernández for Catron in 1904 (done to document Catron s color of title in order to use the grant as collateral for a loan Catron was seeking at the time). Known simply as the Hernández abstract, this magnum opus provides a succinct history of the grant from 1832 until its patent to Martínez in The abstract lists more than three hundred transactions showing every interest acquired by Catron in the grant up to All subsequent abstractors, most notably, Kenneth A. Heron and Gumercindo de Vargas, the deans of Rio Arriba abstractors, claim to have verified these entries and all subsequent additions to the Hernández abstract up to the sale of the grant to the Arlington Land Company in State owned property within the Tierra Amarilla land grant: The state of New Mexico owns more than 43,000 acres of former common lands in the Tierra Amarilla land grant. These lands were identified in the 2004 report as follows: 1. Edward Sargent Wildlife Management Area, 20, acres, owned by the N. M. State Game Commission (Department of Game & Fish); 2. Rio Chama Wildlife Management Area, 13, acres, owned by the N. M. State Game Commission (Department of Game & Fish); 16

17 3. William A. Humphries Wildlife Management Area, 10, acres, owned by the N. M. State Game Commission (Department of Game & Fish); 4. El Vado Lake State Park, acres, General Services Dept., Property Control Division; and 5. Chama houses, owned by the N. M. State Game Commission (Department of Game & Fish). 1. The Edward Sargent Wildlife Management Area is located north and west of the Village of Chama. It consists of 20, acres acquired by a series of warranty deeds dated September 8, 1975, The Nature Conservancy to the N. M. State Game Commission: Warranty deed, September 8, 1975, Nature Conservancy to N. M. State Game Commission, Burkhart release area No. 1, consisting of 3,910 acres; Warranty deed, September 8, 1975, Nature Conservancy to N. M. State Game Commission, Binkley Release Area No. 1, consisting of 1,951 acres; Warranty deed, September 8, 1975, Nature Conservancy to N. M. State Game Commission, Burkhart Release Area No. 2, consisting of 3,191 acres; Warranty deed, September 8, 1975, Nature Conservancy to N. M. State Game Commission, Binkley Release Area No. 2, consisting of 1,592 acres; Warranty deed, September 8, 1975, Nature Conservancy to N. M. State Game Commission, Burkhart Release Area No. 3, consisting of 3,191 acres; Warranty deed, September 8, 1975, Nature Conservancy to N. M. State Game Commission, Binkley Release Area No. 3, consisting of 1,592 acres; Warranty deed, September 8, 1975, Nature Conservancy to N. M. State Game Commission, Burkhart Release Area No. 4, consisting of 3,190 acres; 17

18 Warranty deed, September 8, 1975, Nature Conservancy to N. M. State Game Commission, Binkley Release Area No. 4, consisting of 1,591 acres; Quit claim deed, September 8, 1975, Nature Conservancy to N. M. State Game Commission, recitation of 20, acres total. The chain of title to these properties has its basis on the following: Warranty deed, June 12, 1909, Charles C. Catron, acting as owner of record based on a series of corporate deeds issued by the Southwestern Lumber and Railway Co. and the U.S. Land and Colonization Co. (both Thomas B. Catron companies) and personal conveyances to him from Thomas B. Catron and his wife in 1901, to the Chama Valley Land Co., conveying 594,5154,55 acres of the Tierra Amarilla land grant as per description in the U. S. patent of February 21, 1881; Warranty deed, August 4, 1909, Chama Valley Land Co. to The Arlington Land Co., conveying the Tierra Amarilla grant as per Catron sale of June 12, 1909; Warranty and sale deed, November 12, 1912, Chama Valley Land & Irrigation Co. to The Arlington Land Co., conveying all interest in the Tierra Amarilla grant; Quit claim deed, November 12, 1912, Chama Valley Land & Irrigation to The Arlington Land Co.; Deed, November 18, 1912, Arlington Land Co. to Thomas D. Burns, conveying three tracts as follows: 1. 14,730 acres in Chama and Chamita Valleys in Archuleta County, Colorado; 2. 40,355 acres in Chama and Chamita valleys in NM; 3. 17, 861 acres on Willow Creek Tract southwest of Chama. Deed, November 19, 1914, Thomas D. and Josefa Burns to Edward Sargent, conveying portions of tracts above totaling 27, acres, 20, of which are in New Mexico; Deed, December 19, 1914, Arlington Land Co. to Edward Sargent, conveying a tract of land adjacent to the town of Chama consisting of 998 acres, more or less; Here follows a long and complex Probate of Estate of Edward Sargent who died on November 20, 1958, conveyance of the subject properties to his heirs and subsequent sale of subject lands to the Nature Conservancy. 2. The Rio Chama Wildlife Management Area is located along the southwest boundary of the Tierra Amarilla land grant. It consists of 13, acres acquired principally from the Spill brothers and owners of other property adjacent to El Vado State Park. The abstracts of title to these properties are contained in a series of abstracts held by the N. M. Dept. of Game & Fish. The first is an Abstract of title to a certain tract of land lying in the Nutrias Valley tract of Spill Brothers, Rio Arriba Title Abstract Co., June 18,

19 and Supplemental Abstract of June 18, 1953, both by Kenneth A, Heron that trace the straight forward Spill transaction. An Abstract of title to a tract known as the Martin and Borders Tract below El Vado, AKA, Cooper- Nell Tract, showing the interest of Armwell L. Cooper and Ellison A. Nell, December 29, 1938 by Kenneth A. Heron; and Abstract of title (A Supplement) to El Vado Ranch October 12, 1956 by Gumercindo de Vargas trace the more complex acquisition of the adjacent tracts. These are summarized below from their sale by the Arlington Land Co. through the Spill sale to the state. Tract 1: Warranty deed, March 2, 1954, Robert A. Spill, et al., to N. M. State Game Commission, a tract within the Tierra Amarilla land grant along the southern boundary of the said grant known as the Southern Nutrias tract, consisting of 13,023 acres; Warranty deed, January 16, 1950, The Penn Building Co. to Raymond Spill, Albert Spill and Robert Spill, a tract known as the Nutrias Valley Tract consisting of 49,170 acres; Deed, July 6, 1922, the Arlington Land Co. to The Penn Building Co., conveying the Nutrias Valley Lands. Tract 2: Warranty deed, May 26, William & Leona Farris to N. M. State Game Commission, conveying 160 acres known as the Cooper, Nell, Chiles, Heron, Faris Tract ; Warranty deed, November 17, 1945, Walter J. Chiles, Kenneth & Ruth Heron, et. al., to William N. Faris, 160 acres as above; Deed, November 1, 1938, Armwell L. & Blanche Cooper and Ellison A. Nell to Walter D. Chiles and Kenneth A. Heron, as above; Special Master s Deed, March 29, 1927, M. W. Hamilton, special master, and R. J. Martin to Armwell L. Cooper and Ellison A. Nell; Mortgage deeds, April 1, 1921, J. H. Borders, et. al., and R. J. Martin to A. L Cooper; Deed, April 1, 1919, Arlington Land Co. to R. J. Martin and J. H. Borders. Tract 3: Warranty deed, August 21, 1956, William & Leona Faris to N. M. State Game Commission, corrects May deed from 500 acres to acres; Warranty deed, May 26, 1952, William & Leona Farris to N. M. State Game Commission, conveying 500 acres of the Cooper, Nell, Chiles, Heron, Faris Tract ; Warranty deed, November 17, 1945, Walter D. Chiles, Kenneth A. Heron, et. al., to W. N. Faris, as per Penn Building Co. to Walter D. Chiles. 19

20 3. William A. Humphries Wildlife Management Area is located southwest of Chama along the western border of the Tierra Amarilla land grant. The property consists of three major tracts totaling 10, acres and is owned by the N. M. State Game Commission (Department of Game & Fish). The drought has not diminished the beauty of the Humphries WMA. Photo by Robert J. Tórrez. Tract 1: Known as the Nolan or Wirt and García tract, was acquired by the N. M. State Game Commission by warranty deed, December 26, 1968 from Cecelia Wirt Simms, conveying 4,903.8 acres. The chain of title follows: Warranty deed, October 20, 1913, Arlington Land Co. to Lawrence Nolan, conveying 11,191.4 acres in the Tierra Amarilla Land Grant; Warranty deed, December 14, 1915, Lawrence Nolan to The Nolan Cattle Co., conveying above; Warranty deed, June 27, 1917, The Nolan Cattle Co., by Lawrence Nolan, to John Walker, conveying above; Warranty deed, July 23, 1917, John & Bernie H. Walker to Emmit Wirt, conveying above; Warranty deed, September 30, 1927, Emmit Wirt to J. Christobal Gomez, administrator of the estate of Felix García, deceased, conveying a one-half interest in the above [Note: the chain of title to this interest will be continued in tract 2 below]; 20

21 Order, November 28, 1958, Rio Arriba District Court, conveying to Cecelia Wirt Simms, as sole beneficiary of a trust created in the last will and testament of Emmit Wirt, possession and ownership of all its assets. Tract 2: Known as the Sanchez tract, consists of that portion of the Nolan tract conveyed by warranty deed, July 17, 1929, J. Christobal Gomez, as administrator of the estate of Felix García, deceased [see chain of title to tract 1 above], to Samuel and Alfredo Sánchez, conveying the full one half interest in the Nolan tract acquired from Emitt Wirt on September 30, The portion of this tract acquired by the state consists of acres, more or less, of that one-half interest. The following acreages are rounded off to the nearest hundredth; Quit claim deed, September 1950 [full date not recorded, but acknowledge on October 13, 1950], J. Denton Simms, as trustee of the estate of Emmit Wirt, to Samuel and Alfredo Sánchez, conveying all interest in the Wirt & García tract consisting of 4,903.8 acres; Administrator s deed, June 24, 1966, Samuel Sánchez to Gregorita S. Pino, an undivided one-eighth interest in the estate of Alfredo Sánchez, deceased; Quit claim deed, January 13, 1977, Elena S. Sánchez to Miguelita S. Maestas, Oriola S. García, Consuelo S. Gallegos, José A. Sánchez and Matias Sánchez, conveying all interest in the 4,902.8 acres; Partial partition deed, November 8, 1977, Juanita Pino, as administrator of the estate of Gregorita S. Pino, and Joe Pino - vs- Samuel Sánchez, setting net acreage in tract reserved to each heir. Subsequent sale to the state by each heir is as follows: Warranty deed, October 18, 1977, Joe Pino and Juanita Pino to N. M. State Game Commission, conveying acres (presumably of Gregorita S. Pino interest in Alfredo Sánchez estate); Warranty deed, July 17, 1978, Matías Sánchez to N. M. State Game Commission, conveying acres; Warranty deed, July 17, 1978, Miguelita S. Maestas to N. M. State Game Commission, conveying acres; Warranty deed, July 18, 1978, Oriola S. García to N. M. State Game Commision, conveying acres. Tract 3: Known as the Tomás Gonzales tract, consists of a total of 5, acres acquired by the N. M. State Game Commission from Consuelo B. Gonzales and Gonzalo Gonzales. 21

22 Warranty deed, January 14, 1914, Arlington Land Co. to Tomás Gonzales, a tract in the Tierra Amarilla land grant, consisting of 4, acres; Quit claim deed, September 5, 1945, Reyes Gonzales, et. al., as heirs to Tomás Gonzales estate, to Miguel A. Gonzales, conveying all interest in tract; Warranty deed, October 3, 1951, Miguel Gonzales to Consuelo B. Gonzales, conveying 4, acres. Warranty deed, November 10, 1966, Consuelo B. Gonzales to N. M. State Game Commission, conveying 4, acres; Warranty deed, December 28, 1977, Gonzalo Gonzales to N. M. State Game Commission, conveying acres; Warranty deed, December 11, 1986, Gonzalo Gonzales to N. M. State Game Commission, conveying acres. 4. El Vado Lake State Park is located along the southwest corner of the Tierra Amarilla land grant. The 2004 report erred in identifying acres associated with the state park as belong to the state of New Mexico. The acreage appears more properly to be part of a lease agreement dated July 12, 1961 ( ) between the U. S. Department of Interior, Bureau of Reclamation and the N. M State Park Commission establishing responsibility for the administration, development, operation, and maintenance of the recreational aspects relating to the reservoir area. On August 21, 1986 both parties agreed to an extension of this agreement to July 12, The State Parks Division of the Energy, Minerals and Natural Resources Department operates the nearby Heron Lake State Park under a similar agreement with the U. S. Bureau of Reclamation. This acreage is not included in the summary below. 5. Chama houses. These consist of lots numbered 39 & 43 with corresponding houses consisting of.59 acres, more or less, located in the old Bureau of Reclamation camp north of Chama. These were acquired by quit claim deed, July 5, 1988, United States ( General Services Department) to State of New Mexico. They are included here only for reference and are not included title searches conducted for this study and report. Total state owned property in the Tierra Amarilla Land Grant: 1. Edward Sargent WMA: 20,208 acres (all acreage rounded off) 2. Rio Chama WMA: 13,239 acres 3. Humphries WMA: 10,951 acres 4. El Vado Lake State Park: Chama Houses:.59 acres Total: 44, Acres 22

23 23

24 Description of grant: Cañon de San Diego Land Grant The Cañon de San Diego land grant is located approximately twenty miles west of the City of Los Alamos, north of the Pueblo of Jemez. The grant was made by Governor Fernando Chacón to a group of settlers headed by Francisco García de Noriega and his brother José Antonio in Descendants and heirs of these settlers petitioned Surveyor General William Pelham for confirmation of the grant in After confirming the existence of a community within the grant, Pelham submitted a favorable recommendation and Congress confirmed the grant on June 21, A patent was issued on October 21, 1881 for the 116, acres that had been surveyed in In 1900, a partition suit apparently succeeded in privatizing the entire grant and the unalloted community lands were sold and privatized. A portion of these lands also reverted to the public domain. State owned property within the Cañon de San Diego land grant: The State Game Commission owns acres that are at least partially within the Cañon de San Diego land grant that constitute the Fenton Lake Fishing Area and Dam. The property is managed by the State Parks and Recreation Division of the Energy, Minerals and Natural Resources Department. The property consists of three separate parcels purchased in The following information is from the abstract of title on file with the Dept. of Game & Fish. Parcel 1: 80 Acres, acquired by warranty deed, E. M. Fenton to State Game Commission, June 12, This parcel is apparently a portion of a 160 acre homestead tract acquired by Arthur Middleton in How Middleton acquired a homestead in the grant is unclear, but it may be the same 160 acres granted to José Francisco Archuleta on May 1, Parcel 2: acres, acquired by warranty deed, Isaias Sandoval and Juanita B. Sandoval to the State Game Commission, June This same parcel is also conveyed by a second warrant deed from the New Mexico Timber Co. to the State Game Commission, October 24, 1940 as well as a quit claim deed, State Tax Commission to the State Game Commission, January 24, Isaias Sandoval acquired the property from Juliana Sandoval in Parcel 3: acres, acquired by warranty deed, New Mexico Timber Co. to State Game Commission, June 12, The chain of title documented in the extant abstract of title for these properties does not explain how the New Mexico Timber Co. acquired its title to former grant lands. Total state owned property in Cañon de San Diego land grant: Acres 24

25 25

26 San Miguel del Vado Land Grant The San Miguel del Vado (often spelled Bado in historical documents) is located along the Pecos River at the edge of the eastern plains of New Mexico. Sometime in the Fall of 1794, Lorenzo Márquez and fifty one associates petitioned Governor Fernando Chacón for a grant of land located along both banks of the Pecos River at a well known ford, or bado, of the said river. The grant was approved on November 24, 1794 and the grantees placed in possession after agreeing to the customary conditions regarding the holding of land in common, defense, residency and irrigation. A distribution of individual allotments to the fifty eight families living on the grant was done in At the time of U. S. occupation in 1846, eight additional settlements - San José, Las Mulas, Entrañosa, Puertocito, Guzano, Bernal, La Cuesta, and El Pueblo had been established on the grant. In 1857 the inhabitants of San Miguel del Vado and its associated settlements applied to the Surveyor General for confirmation of the grant. No action was taken on the application for more than three decades, although a survey of the grant in the interim set the size of the grant at slightly more than 315,300 acres. In 1892 the first of a series of conflicting claims was submitted before the Court of Private Land Claims. The initial decision of the Court confirmed the grant title to the Lorenzo Márquez and all other persons who had settled upon the grant prior to December 10, The U. S. Supreme Court, however, overturned the decision of the lower court and ruled that title to the unallocated lands within the grant passed to the United States under terms of the Treaty of Guadalupe Hidalgo and remanded the case back to the Court of Private Land Claims to determine the extent of such allocated lands. The grant was resurveyed in 1903 and determined the allocated lands totaled slightly more than 5,200 acres and a patent for that amount was issued to the Commissioners of the grant in As a result, the San Miguel del Vado land grant was reduced to a mere fraction of the lands granted by the Spanish government in Most of the land grant consequently reverted to the public domain and while many settlers were able to retain or otherwise obtain property within the limits of the historic grant boundaries by filing for homesteads, a significant portion of the grant remains in federal hands or is state trust land. According to the General Accounting Office report of June 2004, the grant currently retains seven acres that is community owned. State owned property within the patented boundaries of the San Miguel del Vado land grant: The state of New Mexico owns 1, acres within the patented and historical boundaries of the San Miguel del Vado land grant that constitute the Villanueva State Park. The land conveyances are well documented in the records of the NM State Parks Division. Deed of conveyance, February 15, 1967, Board of Trustees of the San Miguel del Vado Grant to the State of New Mexico, conveying parcels 1, 2, & 3 consisting of /- 26

27 acres. A quit claim deed, March 16, 1967, Fortunato Gallegos and John G. Gallegos to the State of New Mexico deeds the same property as parcel #3 above; Warranty deed, August 3, 1967, Pete V. Gallegos and Josephine M. Gallegos to N. M. State Parks Commission, conveying 14,960 square feet net; Deed of conveyance, August 8, 1967, Board of Trustees of the San Miguel del Vado grant to the N. M. State Parks Commission, conveying a strip of land within the grant +/- forty feet wide consisting of acres net (8.648 acres of which acres are in other ownership); Patent # , April 1, 1968, United States to N. M. State Parks and Recreation Commission, conveying seventeen lots in Sections 7,15,17,18,20,21,22 of T. 12N., R. 15E., consisting of 1, acres; Warranty deed, July 21, 1975, Crisotono T. Vigil and Adelaida Ortiz Vigil to the State of New Mexico, conveying acres along the east boundary of the S. M. del Vado grant in Section 15 of T.12N., R. 15E.; Patent # , United States to N. M. Energy, Minerals and Natural Resources Dept., State Parks and Recreation Division, conveying acres, lots 5 & 6 in Section 5 of T.12N., R. 15E. Total state owned property within the patented portion of the San Miguel del Vado land grant: 1, acres Acequia Madre near Villanueva in the San Miguel del Vado Land Grant. Photo by Robert J. Tórrez. 27

28 Town of Las Vegas Land Grant The Town of Las Vegas land grant was made by the Mexican government to Juan de Dios Maese, Manuel Archuleta, Manuel Duran and José Antonio Casados in These individuals and the thirty one (31) adult males that constituted this most typical of community land grants were placed in possession on April 6, A petition for recognition of the grant was submitted to the U. S. Surveyor General in 1855 and Congress confirmed the same in After a long and often contentious series of legal battles concerning the boundaries and survey of the grant, a patent for the grant was issued to the Town of Las Vegas for 431, acres in At that time, the City of Las Vegas became the de facto successor to the municipal authority of the original grant organization. In 1903, the New Mexico legislature, as part of a process of overcoming pending legal actions, enacted a statute that vested management and control of the grant in the District Court of San Miguel County. The Las Vegas grant is unique among New Mexico s land grants in that it is the only one under direct management of the courts. The District Court still appoints the members of the Board of Trustees that oversees the grant and approves all actions related to land within the grant. Over the past century, the Board of Trustees has issued hundreds of quit claim deeds to property owners in the grant based on the authority granted by Chapter 47, Laws of New Mexico, The Board also instituted an aggressive policy to generate revenue through the sale of unallocated grant lands. An example of these sales efforts is appended on page 25. Additionally, the grant has issued allotments, or mini grants to the communities of Gallinas, Los Vigiles, San Geronimo, and Concepción / Los Fuertes / San Agustín, of approximately 3,500 acres each. The 10,340 acres reported in the June 2004 GAO report, Treaty of Guadalupe Hidalgo, Findings and Possible Options Regarding Longstanding Community Land Grant Claims in New Mexico as still owned by the community grant most likely is in the form of these mini grants. As of this report the Town of Las Vegas Land Grant owns or controls between 300 to 400 acres in the vicinity of the former Camp Luna. With exception of this limited acreage and whatever land might be held by the communities that constitute the mini grants mentioned, all former common land within the Las Vegas land grant have been allotted or sold. State owned property within the Town of Las Vegas land grant: The 2004 report identified three tracts of land within the grant that are owned by the state of New Mexico. These consist of: (1) 89 acres that constitute Storrie Lake State Park, owned by the NM State Parks Commission; (2) acres that constitute McAllister Lake Fishing Area, owned by the NM State Game Commission; and (3) acres owned by the Department of Health, constituting the New Mexico State Hospital. The chain of title for these are as follows: 28

29 1. Storrie Lake State Park: The complex story behind Storrie Lake opens with a contract entered into by the Board of Trustees of the Town of Las Vegas Land Grant with R. C. Storrie for the construction of the Sanguijuela Irrigation System on May 31, 1916 which deeded 16, acres to R.C. Storrie in exchange for construction and completion of the said irrigation project. At some point in the following decade, Storrie defaulted on the contact and the land reverted to the grant. The following transactions are subsequent to the Storrie default. Special Warranty Deed, No. 1454, November 6, 1933, Board of Trustees of the Town of Las Vegas [Land Grant] to A. H. Gerdeman, five tracts within Sections 21, 22, 27, 33, 34 of T. 17N., R.16E, containing 1, /- acres; Deed No. 7215, December 28, 1940, A. H. Gerdeman & Fern Gerdeman to Ben W. Lingnau, three tracts, portions of which are within Sections 3, T. 16N, R.16 E. & sections 29, 32, 33 of T. 17N., R16E, containing /- acres; Special Warranty Deed, June 30, 1959, Ben & Hazel Lingnau to N. M. State Park Commission, two tracts in Sections 2 & 3 of T. 16N, R.16E, containing 40 acres and acres, respectively (82.28); Quit Claim Deed, June 30, 1959, San Miguel Co. Game Protective Association to NM State Park Commission, /- acres; Right of Way Easement, July 17, 1970, Ben W. & Hazel J. Lingnau to NM State Park Commission and NM State Highway Dept, /- acres. Total acreage at Storrie Lake State Park [ ] = Acres 2. McAlister Lake Fishing Area: Warranty Deed, September 10, 1944, Board of Trustees of the Town of Las Vegas (Administering the Las Vegas Grant) to the NM State Game Commission, a tract of land in Sections 18 & 19, T.15N, R.17E., consisting of 182 +/-acres; Warranty Deed, February 18, 1948, The Gerdeman Land & Water Co. to NM State Game Commission, a tract of land in Sections 18 &19, T.15N, R.17E., consisting of 88 +/- acres; Warranty Deed, March 15, 1954, The Gerdeman Land & Water Co. to Lisle Hosford, a tract of land in Section 19, T. 14W., R.17E., consisting of 105 +/- acres; Warranty Deed, June 24, 1959, Lisle & Jessie M. Hosford to NM State Game Commission, a tract of land Section 19, T. 14W., R.17E., consisting of 105 +/- acres; 29

30 Warranty Deed, October 7, 1960, Walter N. & Tennie Mae Dale to NM State Game Commission, a tracts of land in Section 18, T.15N., R.17E., consisting of 120 +/- acres and a tract of land in Section 19, T. 15N., R. 17E., consisting of 128,49 +/- acres ( acres total). Total Acreage of McAlister Lake Fishing Area [ ] = Acres 3. New Mexico State Hospital Records at the General Services Administration, Property Control Division show acres owned by the Department of Health that constitute the New Mexico State Hospital. This contractor was unable to attain access to these records to develop a chain of title due scheduling difficulties. Total acreage of New Mexico State Hospital = Acres Total state owned property within the Town of Las Vegas Land Grant: Storrie Lake State Park: Acres McAlister Lake Fishing Area: Acres New Mexico State Hospital Acres Total: 1, Acres 30

31 Aggressive nationwide advertising for sale of Las Vegas grant land is exemplified by this early twentieth century postcard. This is one of a series of such post cards emphasizing the availability of agricultural lands in the Las Vegas region. Robert J. Tórrez collection. 31

32 Caja Del Rio Land Grant Description of grant: The Caja del Rio land grant is located approximately seven miles west of the City of Santa Fe. The grant was made to Captain Nicolás Ortiz by Gaspar Domingo de Mendoza in Although the grant papers say that Ortiz was to hold the pasture, woods, and watering places of the grant in common there is no indication the grant was settled by anyone other than Ortiz and his descendants until they submitted their claim for confirmation to the U. S. Surveyor General in The claimants provided evidence and testimony of their continuous use and occupation of the grant and Surveyor General T. Rush Spencer recommended to Congress the grant be confirmed for the 62,343 acres surveyed. Congress did not act on the claim so Felipe Delgado remitted a claim for the grant to the Court of Private Land Claims on behalf of the Nicolás Ortiz heirs in The grant was confirmed in 1893 and patent issued in State owned property within the Caja del Rio land grant: The 2004 report identified 160 acres within the Caja del Rio land grant that are owned by the state of New Mexico, Department of Game and Fish. The land was acquired by warranty deed issued by Eugenio Montoya and Rebecca R. Montoya to the State Game Commission on March 11, Eugenio Montoya acquired the said property (SE ¼ of Section 27, T.17N., R.8E.) by United States patent on October 10, By all indications, the Caja del Rio grant was private grant made to Nicolás Ortiz and acquired no settlements or other characteristics common to a community land grantmerced. The property somehow reverted to the public domain as confirmed by the fact that Montoya acquired the land from the U.S. Government. As a private grant, the state owned property therein does not qualify for inclusion in this report. It is noted here only as a correction to the 2004 report. Total state owned property in Caja del Rio Land Grant (not a community grant): 160 acres 32

33 Juan de Gabaldón Land Grant The Juan de Gabaldón land grant is located northeast of the City of Santa Fe, with its western boundary being the Pueblo of Tesuque. The grant was made to Juan de Gabaldón, a resident of Santa Fe, by Governor Tomás Vélez Cachupín in Descendants of the original owners presented their claim for confirmation to the Surveyor General in 1872 but no action was taken by Congress. The claim was resubmitted to the Court of Private Land Claims in 1893 and the grant was confirmed that same year and patented in 1902 for 10, acres. The Juan de Gabaldón land grant was a private grant. There is no evidence of settlements, the distribution of land, or other characteristics common to community land grants. State owned property within the Juan de Gabaldón land grant: The state of New Mexico owns acres that constitute Hyde Memorial State Park. This property consists of three tracts acquired by warranty deed, 30 March 1934, Helen Chauncy Bronson Hyde, widow and sole heir of B. T. B. Hyde, to the Governor of the state of New Mexico and his Successors in Office, in trust for the State of New Mexico and the people hereto. An undetermined northern portion of these combined tracts lies within the Juan de Gabaldón land grant. Since the grant was a private grant, it is reported here as a correction and adjustment to the 2004 report. Total state owned property in the Juan de Gabaldón land grant (not a community grant): An undetermined portion of Acres 33

34 34

35 Town of Socorro Land Grant The Town of Socorro land grant is located in central New Mexico. It was established in 1815 as part of a larger effort by the Spanish government in New Mexico to re-settle the abandoned seventeenth century settlements of the rio abajo at Senecu, Socorro, Alamillo and Sevilleta. On November 18, 1817, Xavier García and Anselmo Tafoya, on behalf of other inhabitants of Socorro, petitioned Governor Pedro María de Allande for a grant covering the land on which they had settled in Governor Allande proceeded to order the alcalde of Belen, Bartolome Baca, to place the settlers in legal possession of the grant. In 1845, the colonists, citing the loss of proper documentation of their legal rights to the land, petitioned Governor Manuel Armijo for confirmation of their title, which Armijo did on December 2, The original grantees, their heirs and assigns, retained peaceful possession of the land and on February 25, 1875, filed a petition with the U. S. Surveyor General for confirmation of the grant. Congress, however, took no action on the petition and the grant was resubmitted for confirmation to the Court of Private Land Claims in After considerable investigation, the Court rules that the Manuel Armijo revalidation of the Socorro grant in 1845 was a forgery and therefore invalid, so again there was no action taken on the grant until the City of Socorro and Candelario García filed suit for confirmation of a four square league grant in The Court approved the application that same year. In 1893 the territorial legislature enacted Chapter LXXVIIA, authorizing the City of Socorro and Candelario García, as co-trustees, to convey title to the inhabitants of the town for their individual tracts of land. A patent for 17, acres was issued to the City of Socorro on January 11, According to the June 2004 GAO report, the Town of Socorro owns no community acreage at this time. State owned property within the Town of Socorro land grant: The state of New Mexico owns acres within the Town of Socorro land grant. These are under the purview of the Game and Fish Department and consists of two separate tracts totaling acres and identified as Escondida Tract east of Socorro, and another consisting of acres identified as McAllister Drain north of Socorro. Escondida Tract: The Escondida Tract consist of two parcels in Sections 30 &31 of T. 2S., R. 1E. totaling acres. These consist of: A. Parcel 1, consisting of 15.9 acres conveyed by patent, small holding claim # 6111, June 27, 1922, United States of America to Romualdo Gonzales; said parcel was conveyed by warranty deed, September 6, 1928, Romualdo Gonzales to Esther Chambon, and by warranty deed, October 10, 1928, Esther Chambon to the State of New Mexico. B. Parcel 2, consisting of acres, conveyed by city deed, July 21, 1925, City of Socorro and Elias E. Baca, as trustee for the City of Las Vegas, to Rito Baca. The land was subsequently conveyed by quit claim deed of September 28, 1926, Antonio M. Baca, 35

36 et. al., to P. A. Campredon and Esther Chambon and by warranty deed, September 1, 1928, Encarnacion B. de Baca, as heirs of Rito Baca, to P. A. Campredon and Esther Chambon. The state acquired this parcel by warranty deed, October 10, 1928, Esther Chambon to the State of New Mexico. McAllister Drain: This parcel consists of two tracts totaling acres of poorly identified land conveyed by quit claim deed, November 24, 1953, Middle Rio Grande Conservancy District to the State Game Commission. Total state owned property in the Town of Socorro land grant: acres 36

37 37

38 Sangre de Cristo Land Grant The Sangre de Cristo land grant is one several Mexican-era grants that straddle the New Mexico Colorado border. It is also one of the largest grants issued by either the Spanish or Mexican governments in New Mexico. The grant was made under the administration of Governor Manuel Armijo in 1843 to Narsico Beaubien, the twelve year old son of Charles Beaubien, and Stephen Luis Lee, a naturalized Mexican citizen. The grant papers themselves plant the seed of contention as to whether this was a private or community grant. The grant was clearly issued to Beaubien and Lee but the grantees application also states the land they requested had all the elements required for colonization. That a number of settlements were in fact established within the grant lends it to being considered a community land grant. That the grant was made and later patented to one individual without mention of community rights lends itself to a conclusion that it was a private grant. The Sangre de Cristo grant began its long and often convoluted history soon after the grant was approved by Governor Armijo. In 1845, the grantees made an unsuccessful attempt to establish a colony on the grant and then on January 19, 1847, Narciso Beaubien and Stephen Lee were killed during the uprising that is often described as the Revolt of As consequence, Charles Beaubien inherited his son s undivided half of the grant and then acquired Lee s half through purchase from the administrator of Lee s estate. Charles Beaubien, as the sole owner, submitted his petition for confirmation of the grant to Surveyor General William Pelham soon after Pelham arrived in Santa Fe. Congress confirmed Beaubien s claim and a patent in his name issued for little more than 998,780 acres in State owned property within the Sangre de Cristo land grant: The state of New Mexico owns one major tract of land within the Sangre de Cristo land grant. This consists of 13,304 acres that constitutes the Urraca Wildlife Management Area owned by the NM State Game commission. The Game & Fish Dept. has on file a five volume abstract that provides sufficient color of title to the subject property and will not be repeated here. Suffice it for the purposes of this report that Abstract No. 1 of these shows the chain of title to the entire Sangre de Cristo Grant, from the original source of title to Martin C. Fisher, and the chain of title to the original Costilla Estate from Morton C. Fisher to the United States Freehold and Emigration Co. The Costilla Estates portion of the grant was subsequently acquired by C. R. Garner and abstracts numbers 2, 3, & 4 trace ownership of this portion of the grant with the will and administration of the estate of C. R. Garner to his widow, Ann Garner, and subsequent transfer of title of the Garner estate to Georgia Elisabeth Anderson. The transaction of most interest in this complex chain of title consists of the warranty deed made December 19, 1966 from Johnny Dean Gray, as executor and administrator of the estate of Georgia Elisabeth Anderson, to the NM State Game Commission for 13,870 38

39 acres in Section 5, T. 2S., R.73W., of Costilla Estates. On May 3, 1968, the State Game Commission transferred or sold 566 acres of this tract to Rudolph and Cora M. Gallegos, apparently to settle a boundary dispute, resulting in the 13,304 deeded acres that constitute the Urraca Wildlife Management Area. Total state owned property in the Sangre de Cristo land grant: 13,304 acres 39

40 40

41 Town of Manzano Land Grant The Town of Manzano Land Grant is located in the Estancia Valley at the foot of the east slope of the Manzano Mountains. Many of the settlers who moved there in the early nineteenth century were from the region of Tomé. In 1829, these colonists petitioned the ayuntamiento of Tomé for a grant covering the lands they had settled, a petition approved by the territorial diputación, or legislative council, on November 28, A petition for confirmation of the grant was filed with the U. S. Surveyor General in 1856 and approved by Congress on June 21, A patent was issued to the Town of Manzano in 1907 for 17, acres. As best can be determined, nearly all the community land in the grant has been distributed to private owners. State owned property within the Town of Manzano land grant: The state of New Mexico owns approximately 162 acres within the boundaries of the Town of Manzano land grant that constitute the Manzano Mountain State Park. Owner: NM Energy, Minerals & Natural Resources Dept., State Parks Division. There is no abstract of title on file for these properties. Warranty deed, August 8, 1973, Eleno and Juanita Candelaria,et. al to N. M. State Parks and Recreation Commission, 160 acres; Warranty deed, December 9, 2004, James Jennings and Rita Colette Jennings to NM Energy, Minerals & Natural Resources Dept., State Parks Division, a parcel in Section 6, T. 4N., R. 6E, consisting of slightly less that two acres. Total state owned property in the Town of Manzano land grant: 162 acres, more or less. 41

42 42

43 San Clemente Grant The San Clemente land grant is one of the oldest land grants made in the rio abajo, or lower Rio Grande Valley. The grant was originally made to Ana de Sandoval y Manzanares by Governor Felix Martínez in 1716, with its northern boundary noted in the vicinity of the ruins of an abandoned Pueblo known as San Clemente. By all indications, the grant was issued as a private grant and Doña Ana s heirs and assigns maintained the use and possession of the grant until they submitted an application for confirmation of the grant to the U. S. Surveyor General in By this time, however, the grant had attained certain characteristics of a community grant in that a number of settlements, Los Lunas, Peralta, Los Lentes, and Valencia had been established within the boundaries of the grant. Congress took no action on the grant and between 1893 and 1896, J. Francisco Chaves and Salomon Luna submitted petitions to the Court of Private Land Claims seeking confirmation of the San Clemente land grant. The Court confirmed the grant to the heirs and representatives of the original grantees in 1896 and the grant was patented on November 15, 1909 for 37, acres. The San Clemente land grant was by all indications a private land grant. As such the lands reported in the 2004 report do not qualify as state owned lands within community land grants. The two state owned properties located within the grant and described herein are included only as a correction to the 2004 report. State owned property within the San Clemente land grant: State owned property within the San Clemente land grant consists of two major tracts. 1. Los Lunas Hospital and Training School, consisting of approximately 320 acres, owned by the N. M. Health and Environment Dept. The complexity of documenting chain of title for property within the San Clemente land grant is illustrated by the abstract of title compiled by Sterling Title Co. of Valencia County dated August 22, The abstract, entitled, A certain tract of land within the San Clemente Land Grant in Valencia County, NM, known as the Los Lunas Hospital and Training School, consisted of 692 pages documenting approximately 320 acres. It should be noted that this abstract is not on file in the Property Control records of the General Services Department. 2. Los Lunas Honor Farm, consisting of acres owned by the Department of Corrections. Certain records at Property Control show that in 1940, the State Penitentiary property in Valencia County consisted of numerous tracts totaling more than 1,843 acres. Total state owned property in the San Clemente land grant: Health and Environment Dept: 320 acres; Dept. of Corrections:

44 Summary of Acreage of state owned property within community land grants described in Part One of this report, by land grant: Merced del Pueblo de Abiquiu: acres Town of Atrisco Land Grant: Less than 50 acres Caja del Rio Land Grant: 160 acres (not a community grant) Cañon de San Diego Land Grant: acres Juan de Gabaldón Land Grant: acres (not a community land grant) Town of Las Vegas Land Grant: 1, acres Town of Manzano Land Grant: 162 acres Town of Mora Land Grant: acres San Clemente Land Grant: acres (not a community land grant) Sangre de Cristo Land Grant: 13,304 acres San Miguel del Vado Land Grant: 1, acres Town of Socorro Land Grant: acres Tierra Amarilla Land Grant: 44, acres Sub-total: 62, acres (includes acres of not community grant properties listed above. 44

45 Part Two Chapter 49 Statute Specific Grants Chapter 49: Land Grants, of NMSA 1978, is the primary governing statute for the organization and government of Spanish and Mexican Land Grants as political subdivisions in New Mexico. Section (B) of this statute defines a land grant merced as a grant of land made by the government of Spain or by the government of Mexico to a community, town, colony or pueblo or to a person for the purpose of founding or establishing a community, town, colony or pueblo This statute sets general provisions for the management of such land grants and establishes [NMSA ], a New Mexico community land grant registry at the office of the secretary of state for registration of any land grant organized and governed pursuant to Chapter 49. The land grants so registered are listed in Part Two of this report. Chapter 49 also allows other community land grants to register their bylaws and lists of officers with the secretary of state, but also identifies and summarizes the specific statutes for the organization and management of eight individual land grants previously organized under special or specific statutes. These statute-specific land grants are listed as follows in Chapter through : 1. Chaperito Grant 2. Chilili Grant 3. Doña Ana County Grants 4. Las Vegas Grant 5. Manzano Grant 6. Nuestra Señora del Rosario, San Fernando y Santiago Grant (Truchas Land Grant) 7. Socorro Grant 8. Tecolote Grant Of these eight statue-specific community land grants, six exist as active corporate entities. The Chaperito land grant and none of the Doña Ana County Grants exist as entities. The Chilili Land Grant and Tecolote Land Grant are active community land grants that report no state owned property within their boundaries. State owned properties identified within the remaining four grants in this category Las Vegas, Manzano, Truchas, and Socorro are listed in Part One of this report. 45

46 (1). Town of Chaperito Grant: The Chaperito grant was made by the Mexican government to Santiago Martín and eighteen citizens in When the settlers filed their petition for confirmation of the grant with the U. S. Surveyor General in 1888, it was found that the grant was located within the surveyed boundaries of the Antonio Ortiz grant which had already been confirmed by Congress and patented as a private land grant. Consequently, an 1890 New Mexico Supreme Court decision limited the rights of the inhabitants of the Town of Chaperito to the individual lands allotted them within the grant in The practical effect of this decision was that the town was literally surrounded by the privately owned Antonio Ortiz grant without community lands on which to graze their livestock or access the natural resources of the land. Chapter 160 of the Laws of New Mexico, 1921, An Act to provide for the management of the community lands of the people of Chaperito, and for other purposes, approved March 21, 1921, allowed for the organization of and management of the community lands. Indications are the subsequent organization and election of a Board of Trustees enabled the sale and privatization of limited amount of land owned by members of the community. The Town of Chaperito was subsequently abandoned and its lands reverted totally to private ownership although there is some indication former residents still maintain a community cemetery. There is no state owned land within the traditional historical boundaries of the grant. (2). Town of Chilili Grant The Town of Chilili grant was made by the Mexican government to Santiago Padilla and twenty six others in The settlers petitioned U. S. Surveyor General William Pelham for confirmation of the grant in Pelham recommended the grant for confirmation to Congress that same year. Congress confirmed the grant on December 22, 1858, and following several decades of disputes over the subsequent surveys of the grant, a patent was issued to the Town of Chilili Grant in The grant is an anomaly among New Mexico community grants in that it has maintained most, if not all its original community lands and is still managed by an elected Board of Trustees. There are no state owned properties with the grant. 46

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48 (3). Doña Ana County Grants: Doña Ana County grants is a broad term that applies not to a single grant, but to twelve (12) land grants identified within contemporary Doña Ana County, New Mexico. Most, but not all of these grants are known as refugee grants, issued under authority of the Mexican government principally to individuals and groups that opted to leave New Mexico and repatriate to the Mexican Republic following the U. S. occupation of New Mexico in 1846 and under stipulations of the 1848 Treaty of Guadalupe Hidalgo. Of these twelve, the following Doña Ana County grants were identified as private grants, repudiated grants, grants rejected by the Court of Private Land Claims, or grants not otherwise colonized or settled in a matter characteristic of community grants and therefore do not qualify for elaboration in this study: The Guadalupe Miranda Grant Rómulo Barela Grant Santa Teresita Bracito (aka Brazito Grant) John Heath Grant Jornada del Muerto Grant The following Doña Ana county grants have been identified as having characteristics consistent with community grants. However, there is no indication any of them currently function or exist as a land grant or is registered with the secretary of state as a reorganized or reconstituted grant or political entity. Doña Ana Bend Colony: The original settlement in the Mesilla Valley. Founded in 1843, the grant was recommended for confirmation by the New Mexico Surveyor General in 1874 and confirmed by the Court of Private Land Claims in The grant was incorporated under New Mexico statute, Chapter 54, Acts of the Legislative Assembly of the Territory of New Mexico, The statute allowed any colony, community or town located in a Spanish or Mexican period land grant to incorporate as a body corporate and politic. The Doña Ana Bend Colony incorporated as the Board of Trustees of the Doña Ana County Bend Colony Grant and the grant was patented to them in There is no indication the Doña Ana Bend Colony Board of Trustees still functions as an entity although it issued quit claim deeds during the term of its existence and is still joined as a necessary party to contemporary quiet title suits. All lands within the colony grant have long since been distributed to individual owners, heirs, and their assigns. Santo Tomás de Yturbide Colony: This colony was initially settled prior to 1849 by emigrants from New Mexico who established this community and Mesilla. Originally established as one colony that embraced both communities, Mesilla and Santo Tomás were divided onto separate colonies in Recommended for confirmation by the Surveyor General in 1855, the grant was 48

49 confirmed by the Court of Private Land Claims and patented as a community grant in These is no indication the grant exists as an entity and all its community lands have long since been distributed to individual owners, heirs, and their assigns. Mesilla Civil Colony: This grant has its origin as an 1850 colony of emigrants from Doña Ana. Formally established in 1852, it was originally part of the Santo Tomás de Yturbide Colony, but was separated from such and granted its own agricultural and pastoral tracts. Established within the pre-gadsen Purchase boundaries of the Republic of Mexico, this colony found itself within the United States once again following the Gadsen Purchase of It was recommended for confirmation by the Surveyor General in 1874, and incorporated as a community under the 1897 Chapter 54 act of the territorial legislature. The grant was patented to the corporation in Indications are all former community lands have long been distributed to individual owners, heirs, and their assigns. Refugio Civil Colony: Also known as Refugio de los Amoles, the colony was established in 1850 by fifty refugees, primarily emigrants from New Mexico, following the Treaty of Guadalupe Hidalgo. It was recognized formally under Mexican law in Recommended for confirmation by the Surveyor General in 1874, it waited decades, as did many other grants, for action by the Court of Private Land Claims. During the interim, grant claimants appointed three commissioners in 1884 to hold title to and manage the grant in their name. The grant was confirmed by the Court of Private Land Claims and a patent issued in All colony lands have long since been distributed to its inhabitants, heirs and assigns, and the land ceased to exist as an entity. The following two Doña Ana County grants were made as private grants by the Mexican government in 1853 but reverted to the public domain: José Manuel Sánchez Baca Grant: This grant was initially made to Sánchez Baca, a New Mexican refugee in 1853 as a sitio de ganado mayor (a private grazing grant). In 1857, Sanchez Baca sold the entire grant to residents of the Town of La Mesa after these had encroached on his land. The Court of Private Land Claims confirmed the grant to the Corporation of the José Manuel Sánchez Baca in trust for its 102 claimants in 1900 and patented by President Theodore Roosevelt in Indications all the grant lands have long since been distributed to private owners and the grant no longer exists as a corporate entity. Juan José Sánchez Grant: An 1853 private grant rejected by the Court of Private land Claims in 1903 and which consequently reverted to the public domain. The grant site was appropriated by residents of La Union under the Act of 3 February 1911 which authorized persons who resided in a portion of the Refugio Civil Colony that had been rejected by the CPLC to remove to and homestead the former Juan José Sánchez grant lands. 49

50 (6). Nuestra Señora del Rosario, San Fernando y Santiago Land Grant: The Nuestra Señora de Rosario, San Fernando Y Santiago (Our Lady of the Rosary, Saint Fernando and Saint James) is more commonly known as the Truchas land grant. Located in the southeast corner of Rio Arriba County, the grant was made by Governor Tomás Vélez Cachupín in 1754 and submitted to the Court of Private Land Claims in 1892 and a subsequent survey found the grant to contain 14, acres. This survey continues to be a source of controversy today, as grant commissioners have long claimed that the U. S. Forest Service placed its fences too far north along the southern boundary of the grant, cutting the grant off a significant portion of its land. A patent for grant was issued to the heirs on May 5, Chapter 52, Laws of New Mexico, 1907 vested an elected Board of Trustees with management of the grant. The Truchas grant (along with the reduced Juan Bautista Vigil grant) is unique among New Mexico land grants in that it has retained ownership and management of the full 14, 786 acres patented in There was no indication found of state-owned property within the boundaries of the grant. (8). The Town of Tecolote Grant: The Town of Tecolote Grant was made by the Mexican government to Diego Padilla and five associates in The heirs petitioned the U. S. Surveyor General for confirmation of the grant in 1856 and the grant was confirmed by Congress on December 22, A patent to the grant was issued in 1903 and the following year the New Mexico legislature vested authority of the grant management to an elected Board of Trustees. The grant still exists as a corporate entity and an elected Board of Trustees oversees and manages approximately 4,000 acres of the more than 48,000 acres originally surveyed and patented in The balance has been deeded to private ownership or otherwise lost. There are no state owned lands reported within the grant boundaries although the grant has long maintained that an error in the survey of the south/southeast boundary of the grant placed grant lands outside the patented boundaries and that all or a portion of that excluded land has reverted to state trust status. 50

51 Sign of Town of Tecolote Land Grant hall in the village of Tecolote. Photo by Robert J. Tórrez 51