Quintana v. Baca

1999 NMCA 017, 974 P.2d 173, 126 N.M. 679
CourtNew Mexico Court of Appeals
DecidedNovember 23, 1998
Docket18886
StatusPublished
Cited by8 cases

This text of 1999 NMCA 017 (Quintana v. Baca) is published on Counsel Stack Legal Research, covering New Mexico Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Quintana v. Baca, 1999 NMCA 017, 974 P.2d 173, 126 N.M. 679 (N.M. Ct. App. 1998).

Opinion

OPINION

BOSSON, J.

{1} In this appeal we interpret laws passed by our state Legislature during the Great Depression over a half century ago to help impoverished land owners reclaim land lost to the state because of nonpayment of taxes. As we shall see, these taxpayer-relief laws were not promulgated in one stroke; they evolved over a period of years, as the Legislature experimented with different ways of affording relief to taxpayers whose land passed to the state. The dispute before us arises from the natural confusion created by such legislative experimentation, compounded by the passage of time. For the reasons that follow, we reverse the decision of the district court.

BACKGROUND

{2} The principal facts are not in dispute, and they were largely stipulated to below. In 1936 Jose Quintana received from his mother a small tract of land located in Taos County as his sole and separate property. Because the property taxes had not been paid, in 1937 the County Treasurer issued a Tax Sales Certificate to the state for nonpayment of taxes. After expiration of the statutory two-year period for taxpayer redemption, the County Treasurer issued a tax deed to the state in 1940 for the Quintana land. However, the state never put the land to public sale, and by 1949 Jose Quintana applied to the state to repurchase his land. In that same year, he received a deed from the State Tax Commission, in exchange for satisfying the outstanding tax bill of $15.98.

{3} The deed from the state was made out in Jose Quintana’s name alone. Although Jose Quintana had married by then, both he and his wife regarded the land as his separate property. Years later in 1978, Jose Quintana deeded this same land to his two sons who are the Plaintiffs here. That deed bore only Jose Quintana’s signature as grant- or. Defendant Lara, one of Jose Quintana’s daughters and sister to the Quintana Plaintiffs, challenges that deed in this litigation. She contends that the land became community property at the time it was conveyed by the state because her parents were then married, and therefore, she claims the deed to her brothers was ineffective without her mother’s signature. If Lara is correct that the land became community property and the deed from her father to her brothers is void, then as a Quintana heir she has a claim to an undivided fractional interest in that land. If Lara is not correct, and Jose Quintana received this land from the state as his separate property, then the deed to his sons is effective, and Lara takes nothing in this proceeding.

DISCUSSION

{4} We note initially the familiar presumption that property acquired during marriage is community property. See NMSA 1978, § 40-3-12(A) (1973). When Jose Quintana received the deed in his name from the state in 1949, there was a community, and unless this presumption can be set aside, we would be compelled to conclude that Jose Quintana acquired the land from the state as community property. We also acknowledge legal authorities such as Alamogordo Improvement Co. v. Hennessee, 40 N.M. 162, 56 P.2d 1127 (1936), which hold that when a taxpayer is unable to redeem and the state sells the land for back taxes at public auction, the title conveyed by the state to the third-party purchaser “is a new and paramount title in fee simple absolute ... striking down all previous titles and interest in the property.” Id. at 165, 56 P.2d at 1129. In Alamogordo Improvement Co., a tax deed from the state was held to supersede restrictive covenants that had been part of the original deed, in that case prohibiting the sale of liquor on the premises, and the tax deed thereby created a new title in the grantor. Id. Relying on Alamogordo Improvement Co., the district court in the case before us held that Jose Quintana received a new title in 1949 measured by his marital status at that time. Thus, title was transmuted to community property, and the district court held that Jose Quintana’s deed to his sons, bearing his signature alone, was void.

{5} In rebuttal, Jose Quintana cites to laws in effect during this era that gave the original owner preferential rights to repurchase land from the state and which restored the title to its status as of the time of forfeiture, not as of the time of repurchase. We turn, then, to the relevant laws of the time which governed how owners lost and reacquired land from the state by payment of outstanding taxes.

{6} Both parties begin with 1934 • N.M. Laws, ch. 27, providing in its title for the “Redemption of Property Sold for Delinquent Taxes, and the Disposition of Property Not Redeemed.” This is the law in effect in 1937, when the County Treasurer executed the Tax Sales Certificate to the state for Jose Quintana’s land. As Lara correctly observes, under this law in its original form, the delinquent owner was given two years in which to satisfy the back taxes and redeem the property. See 1934 N.M. Laws, ch. 27, § 17. At the end of two years, once the tax deed went to the state, the owner had no further rights of redemption or other preferential purchase; he could only hope to buy the land at auction the same as any othér member of the public. See 1934 N.M. Laws, ch. 27, § 30. Lara relies on 1934 N.M. Laws, ch. 27 in its original form, arid she characterizes her father’s purchase from the state in 1949 as creating a new title, the same as a sale to the public, which under Alamogordo Improvement Co. would be measured by his marital status at the time of the conveyance.

{7} However, the Laws of 1934 did not remain static. Frequent amendments, first in 1937, see 1937 N.M. Laws, ch. 215, followed by. a major amendment in 1939, see 1939 N.M. Laws, ch. 203, and even thereafter, added new provisions designed to mitigate the harsh consequences of the times. We focus on the 1939 N.M. Laws, ch. 203 entitled “An Act Providing a Method of Disposition of Lands Acquired by the State by Tax Deeds,” which expressly amended certain portions of the 1934 N.M. Laws, ch. 27, deleted others, and added new ones. 1939 N.M. Laws, ch. 203, § 4 created preferential rights of repurchase in the former owner where none had previously existed, even though the period of redemption had expired. That section stated:

The person whose title to property has been extinguished by the issuance of a tax deed to the state shall have the first and prior right to repurchase such property, provided that application for such repurchase is received by the State Tax Commission before any other application to purchase such property is received and accepted by said Commission.

1939 N.M. Laws, ch. 203, § 4. Taxpayer repurchase was to be at a cost of no more than the delinquent taxes, plus interest and penalties, or the appraised value of the property, whichever was less. See id. This same language was later incorporated into the codified laws of 1941, see NMSA 1941, § 76-740, and that section, with only minor amendments, was in effect in 1949 when Jose Quintana made application to the state to repurchase his land.

{8} The 1939 amendments differentiated between an application to repurchase, which was available only to former owners like Jose Quintana, and an application to purchase which was open to any member of the public when the original owner did not appear to repurchase. Cf. 1939 N.M. Laws, ch. 203, §§ 4, 5.

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Bluebook (online)
1999 NMCA 017, 974 P.2d 173, 126 N.M. 679, Counsel Stack Legal Research, https://law.counselstack.com/opinion/quintana-v-baca-nmctapp-1998.