Taosenos To Create Legal Tender

By: Bill Whaley
23 February, 2011

The Ghost of Arthur Manby

According to Flavio, Land Grant activists, who are seeking social and economic justice, based on the 1848 Treaty of Guadalupe Hidalgo, are filing lawsuits and casting a cloud on land titles in Greater Taos. Two different groups, representing the northern Hondo-Valdez and southern La Serna (Town, Ranchos, Llano, Stakeout) areas have filed notices. Allegedly, local title companies have ceased issuing title insurance on parcels in question, curbing potential real estate sales in the affected areas.

DMC has been reporting on the issue.

The historic land grants, some of which go back to deeds signed by the King of Spain, prior to the Mexican War—during the Spanish Occupation–tend to rise and bedevil the unwary realtors, developers, and home owners in Taos every couple of decades.

Famously, Arthur Manby got hold of the Martinez-De Godoi grant extending from the Town of Taos to Arroyo Seco during the early part of the 20th Century. He lost it during his lifetime The alleged swindler began his career by buying land in the Beaubien—Maxwell grant, granted by Mexico, on the east side of the mountains before moving to Taos, where he set the paradigm for predatory practices. Recently, Manby’s heirs were seen laying wreaths on his alleged grave in Kit Carson Park.

In the sixties, El Norte received national attention from Reies Tijerina’s land grant raid on the Tierra Amarilla Courthouse. Now federal funds allocated for legal expenses, aimed at resolving and clarifying the issue, may be adding fuel to the fire.

A recent lawsuit filed by Taos County against the town seeking—quo warranto—clarification of town borders due to questionable annexation procedures, underscores the paperwork nightmare and lack of documentation that could keep these issues in the courts for years. Oh, yes, the Spring Ditch parcientes are also suing the town due to encroachment and violations of their state constitutional rights, which rights go back to 1808, as I remember.  The Town apparently is one of the biggest scofflaws.

(The current local court dockets, due to judicial mish-mash are backed up with cases until August. Land grant cases are notoriously complex and the plaintiffs are patient. If your parcel is affected, make plans for a long siege.)

And when will the Tribes file lawsuits (again) against just about everybody?

While local Hispanic families with historic ties to land claimed by everyone from the U.S. Forest Service to the Town of Taos to second homers, may someday have their day in court, some, like the El Salto Six continue to operate with impunity as if the land is theirs already. According to Salto heirs, the Salto Six haven’t filed quiet title documents but operate virtually or as if they have secured title. They may have a point.

Contrary to laws and regs, and, just as they ignored the energy crisis, due to their self-sufficient and multiple resources, residents on the West Mesa may offer a solution to frustrated but strait-laced Taosenos. Out in the Three Peaks/Two Peaks Carson area, residents sell ‘squatter’s rights” and make their marks without bothering the County Clerk. The process of planning and zoning, title exchange, and deal making has been literally privatized.

During the last year, the media has reported that the big banks, which are foreclosing on so many homeowners, have neglected to file chains of title with county clerks as well. Nobody can determine who owns the property due to “bundling.” These bundles or fabricated derivatives, based on sub-prime mortgages, are as ghostly as Manby’s claims based on buying up grocery store credit receipts.

So why bother with the paperwork? Sell on a real estate contract and a promissory note. You can craft or create an MOU or an IOU on your home computer. Whether in the courts or out on the Mesa, up in El Salto, or down at El Prado poker game, you, too, can create your own legal tender. Call it independent financing.

Utility News

In utility news, the Mayor and town leaders are being frustrated by their attempts to find sure-fire ways of making New Mexico Gas Co. pay for losses during the recent outage, according to news reports.

On the other hand, KCEC rate protesters say they are saving consumers about $300,000 a month due to the delay in electric rate increases. Coop Trustees and the CEO complain that they are spending $150,000 to $200,000 to promote and defend the rate increase because of protestors. The protestors don’t charge the members for their volunteer work. But the Trustees can’t figure out how to communicate transparently with members.

And the Trustees continue to stick members with facilities, which they can’t afford– including Broadband and the expensive but empty Command Center. Apparently, the USDA-RUS is holding up the Coop loan for the Center because neither the Town nor the County have consented to sign up and pay the costs of the Rabbit’s folly. So electric ratepayers are shouldering the financial burden in what has become the Coop practice of “cross subsidization.”