Attorney General Opinions and Advisory Letters

Decision Information

Opinion No. 61-64

Collection Attorney General Opinions and Advisory Letters
Date 07/19/1961
File Number 1961 Op. Att'y Gen. No. 61-64
Citations - New Mexico Appellate Reports
State v. Locke - cited by 56 documents

Decision Content

Opinion No. 61-64

July 19, 1961

BY: OPINION OF EARL E. HARTLEY, Attorney General Oliver E. Payne, Assistant Attorney General

TO: Carroll J. Lee, Executive, Director Oil and Gas Accounting Commission, P.O. Box 450, Santa Fe, New Mexico

QUESTION

QUESTION

Is property owned by a town or school district exempt from the taxes imposed on the severance and sale of hydrocarbons?

CONCLUSION

Yes.

OPINION

ANALYSIS

Article VIII, Section 3, of the New Mexico Constitution provides as follows:

"The property of the United States, the state and all counties, towns, cities and school districts. . . shall be exempt from taxation." (Emphasis added).

This provision applies to both real and personal property. Thus while the statutes relative to taxes imposed on the severance and sale of hydrocarbons do not exempt property owned by towns or school districts, the interest that is owned by the town and school districts is exempt by virtue of the above-quoted constitutional provision. See State v. Locke, 29 N.M. 148, 219 Pac. 790.

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