STATE LAND OFFICE
Notice of Public Meeting to Receive Public Comment
Proposed Sale of State Trust Lands
Land Sale No. LS-0121
The New Mexico State Land Office (“SLO”) gives notice in accordance with NMSA 1978, Section 19-7-9.1 that it will hold a public meeting on Tuesday, August 17, 2021, from 6:00 p.m. MDT to 7:30 p.m. MDT, at the Rio Rancho City Hall, Governing Body Overflow Room, 3200 Civic Center Cir NE, Rio Rancho, NM 87144. Those wishing to participate by Zoom may do so by registering at https://nmstatelands.org/public-meetings. Any change to the location or time will be posted with a final agenda on the SLO webpage (http://www.nmstatelands.org) at least 72 hours prior to the date and time specified above.
The purpose of the meeting is to receive public comment regarding a proposed sale of state trust lands located in the Paseo Gateway master plan area of Rio Rancho at the northwest corner of the intersection of Paseo del Volcan and Westphalia Boulevard NE. The land is currently designated as Tract 2 of Unit 17 as the same is shown and designated on the plat entitled “Paseo Gateway Parcel A, Tracts 1 thru 9, 10A, 10B, 10C, 11 thru 18, A and B-1A, a Replat of Portions of Tract C in the Town of Alameda Grant Unit Seventeen etc.,” filed in the office of the County Clerk, Sandoval County, New Mexico on November 14, 2008 as Instrument No. 2008033908, in Book 411, Page 33908, containing 18.85 acres, more or less. The land to be offered for sale may include some additional contiguous state trust lands to be shown in a re-plat of Tract 2 prior to the sale.
The land is zone C-1 (Commercial). It is expected that any buyer of the land will develop the land for use consistent with the C-1 zoning. The land is currently subject to a lease (No. BL-1952, as amended) under which the lessee (Paseo Gateway, LLC) has performed certain real estate planning and development. Pursuant to the lease, which would be relinquished as to the land at the closing of the proposed sale, the lessee has extended or caused to be extended certain infrastructure to the boundary of the land. The City of Rio Rancho may, in accordance with current resolutions, ordinances and policies in effect at the time for any specific proposal, require additional off-site improvements in order to approve development and use of the land and issue required development permits.
Some, but not all, of the land surrounding Tract 2 is state trust land under the custody, control and management of the Commissioner of Public Lands and subject to the aforementioned lease under which the lessee has performed and will continue to perform certain real estate planning and development on a large portion of the land within the Paseo Gateway master plan area. Under that lease, the lessee’s authorized planning and development project involves (i) bringing municipal water and all necessary infrastructure to the leased land; (ii) obtaining all necessary approvals of zoning; and (iii) creating buildable residential, industrial and/or commercial lots or tracts and reserving certain open spaces, all for the purpose of successfully establishing and maintaining a profitable mixed use development on the leased land. Under the lease, the lessee may request that the Commissioner of Public Lands offer for sale or long-term lease lands that the lessee has improved by constructing base infrastructure to or through it and obtaining entitlements.
Sale of Tract 2 and development by the eventual purchaser is expected to facilitate commercial use of the land that until now has not existed in the near vicinity. While increasing traffic and intensifying development of nearby lands, the City-approved commercial use of the land may provide amenities that until now have not existed in the near vicinity.
If the SLO makes a final decision to proceed with a potential sale, the Commissioner of Public Lands would conduct a public auction in accordance with the New Mexico Enabling Act (36 Stat. 557); NMSA Sections 19-7-1, 19-7-2 and 19-7-9; and State Land Office Rule 19.2.14 NMAC. The Commissioner of Public Lands would issue a notice of public auction published for at least 10 weeks as required by law soliciting bids on the land. A minimum sale price would be established in accordance with an appraisal to ensure that any sale is for at least the true value of the land. The land would be offered for a cash sale (i.e., full payment in cash due at closing) as a single tract. Additional requirements may be established for submitting bids and completing the sale. The Commissioner would also reserves the right to reject all bids and withdraw the land from sale or to reinitiate the process of offering the land for sale on the same or different terms. The purchaser would be required to pay all costs associated with the transaction, including but not limited to the cost of the appraisal, advertisement of the auction, and recording fees. Conveyance of the land would be subject to all valid and existing leases, easements, restrictions, and reservations, including a reservation to the State of New Mexico of all minerals and geothermal resources in, under or upon the Land. The SLO may offer a negative easement or surface non-disturbance agreement with regard to the reserved minerals and geothermal resources.
If you have any questions please contact Angie Poss, Assistant Commissioner of Communications, at 505-470-2965 or email
Observer: August 1, 8, 15, 2021