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1990-1991 New Mexico Attorney General Reports and Opinions 1 (1990-1991)

handle is hein.sag/sagnm0035 and id is 1 raw text is: Attorney General of New Mexico
P.O. Drawer 1508 Santa Fe, New Mexico 87504
505-827-6000
.0~ ~Fax 505-827-5826
HALSTRATTON
A ttorney General
January 30, 1990
OPINION
OF
HAL STRATTON                          Opinion No. 90-01
Attorney General
BY: Frank A. Murray
Assistant Atto-ney General
TO: The Honorable Garrey Carruthers
Governor of New Mexico
Executive Offices
PERA Building
Santa Fe, New Mexico 87503
FACTS PRESENTED:
The White Sands Missile Range contains numerous free roaming
wild horses which are principally the remnants of herds left or
turned loose by area ranchers when the federal government
acquired the missile range.   The horses are unbranded and no
owner can be identified.   The lands in question are under the
jurisdiction of the Department of Defense.
OUESTION:
What is the status, under New Mexico law, of the wild horses
on the White Sands Missile Range?
CONCLUSION:
The animals are estrays and as such are subject to
disposition by the New Mexico livestock board.
ANALYSIS:
New Mexico, both as a state and territory, closely
controlled domestic animals including horses, cattle, sheep,
goats and swine.  All horses in this state are required to be
branded or properly marked, NMSA 1978, §77-9-3(A)(D) with a
recorded brand.    NMSA 1978, §77-9-10.    Livestock which is
unbranded or being transported without proper proof of ownership
is subject to seizure, NMSA 1978, S§77-9-3(B), 77-9-21, 77-9-23,

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