AG Balderas Files Motion To Enforce Public Access To White Peak

Santa Fe, NM–Today, Attorney General Hector Balderas filed a motion to enforce a 2018 judicial order that established public use of several roads across private property that provide access to public land in the White Peak area of northeast New Mexico. This is the second motion that the Office of the Attorney General has filed to enforce the order against a private landowner, who continues to defy the judge’s order and deny public access.

“No individual or interest group is above the law, and our courts have ruled that these are public roads that provide access to public lands.” Attorney General Balderas said. “We will continue to vigorously defend New Mexicans’ rights to access thirty thousand acres of public land held in trust for our children and for generations to come.”

After the first motion, the court affirmed that the private landowner in the case is prohibited from blocking access to roads that provide public access to state trust lands. As with the court’s original ruling, the court unambiguously ordered the landower “to remove all remaining locked gates, barriers and other obstructions” from the roads that were the subject of the permanent injunction against Mr. Stanley. In this motion, the Office of the Attorney General asks the court to hold the landowner in contempt for continuing to violate the court’s original order, and to pay for the State’s costs in enforcing it for a second time.

A copy of the motion is attached.

Stanley v. Bd. of County Commissioners – Motion for Order to Show Cause