Attorney General Opinions and Advisory Letters

Decision Information

Decision Content

Opinion No. 47-4989

February 24, 1947

BY: C. C. McCULLOH, Attorney General

TO: Mr. G. T. Watts District Attorney Fifth Judicial District Roswell, New Mexico

{*15} In your letter dated February 21, 1947, you request an opinion as to whether federal oil and gas leases are subject to be recorded for the recording fee of $ 1.75, or whether some other fee may be charged.

Section 13-110 of the 1941 Compilation fixes the fees for recording certain instruments. The fee for a standard form oil and gas lease is $ 1.50, and the fee for a non-standard form oil and gas lease is $ 1.75. If the federal form is not a standard form, the fee should be $ 1.75. However, your attention is called to the last sentence in this section in which it is provided that if the non-standard form uses more words than are contained in the standard form, a charge of 10 [cents] for each 100 words in excess of the standard form shall be made in addition to the fixed fee.

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.