Tome Land Grant History
1739-1967
1739 125,000 acres granted to 30 Town of Tome families
by the Spanish Crown
1848 The Town of Tome Land Grant was affirmed by the United States in the
signing of the Treaty of Guadalupe Hidalgo. The Treaty turned New Mexico
over to the United States with a promise that land grants would remain
intact.
1856 Claim was filed in Santa Fe, NM and a patent was issued.
1892 Valencia district court names 200 persons as rightful heirs to the
grant.
Oct. 31, 1952 Town of Tome files "determination of heirship" suit in
District Court. 270 persons established as heirs. Attorney Paul Larazolo was
hired by the Tome Board of Trustees. Larazolo hired Tibo J. Chavez, then an
attorney, to compile a list of the rightful owners of the grant.
Jul. 29, 1955 Conversion of the community grant to Tome Land and Improvement
Corporation takes place. Land grant members became shareholders.
May 1, 1965 Special meeting called to consider sale of 47,000 acres.
Restraining order halts meeting until July 3, 1965.
Jul. 3, 1965 Stockholders allow sale by vote of 119-95.
Jan 1, 1967 Battle continues to brew between "Progressive" and
"Conservative" factions over whether to sell the land.
May 11, 1967 Progressives win a majority on board of directors clearing way
for sale.
Jun 1, 1967 Corporation decides to advertise land for sale.
Jun 29, 1967 Stockholders agree to sell by vote of 175-18.
Jul. 6, 1968 Contract for sale of land to Horizon Corporation approved by
board for $4.7 million. Calls for $712,000 down payment with approximate
payment
of $22,000 monthly for 15 years plus interest. The land is now part of
Horizon's Tierra del Sol (per Alb Journal 11/1/81), formerly known as Rio
Communities. The President of Tome Land and Improvement Co. is Gillie
Sanchez. 256 stockholders were to receive an estimated $23,000 over a 15
year period.
Jul. 12, 1968 Group of 38 former stockholders, who had sold their shares to
stockholders for as little as $45 and most for an average of $150 (Alb
Journal 8/7/77), file $1.1 million suit for fraud claiming they were cheated
out of their shares by board of directors.
Aug. 8, 1968 Group of about 125 claimants not issued shares in 1952
"determination of heirship" suit file to regain their rights.
Nov. 4, 1968 Sale of grant to Horizon completed.
Dec 7, 1968 Group of 77 dissidents, from the routes of the so called "Tome
Protective Association" who were against the sale, file suit expressing
dissatisfaction with the final terms of the sale. They press for one-time
payment of at least $40,000 a share, not including
mineral rights. The dissidents were represented by attorney Ernest Romero.
1969 Supreme Court awards 38 former stockholders with about half the value
of their former interests (about $9,000 each).
1969 Judge Garnett Burks disallows suit by 125 claimants saying their case
barred by statute of limitations.
Aug. 25, 1971 Supreme Court (Supreme Court Justice, Dan Sosa) reverses
Burks' decision and orders case of 125 to be reheard.
Feb. 2, 1972 Supreme Court awards an average of $15,000 one-time payments to
the 77 dissidents, who had filed suit in 1968.
Feb. 5, 1973 Judge Edmund H. Kase begins deliberation of suit by 125
claimants.
Dec. 20, 1974 District Court allows First National Bank, as trustee, to
impound payments in order to
pay unexpected tax liability to IRS.
April 1975 Payments resumed to stockholders with payment of $500,000
completed to IRS.
April 1975 Judge Kase rules against 125 claimants saying their case barred
by statute of limitations.
April 1976 Payments interrupted again pending final Supreme Court decision
on case of 125 claimants.
Jul. 17, 1977 Group of about 30 stockholders hold meeting protesting last
interruption and to air grievances about history of land grant sale.
Jul. 17, 1977 Final briefs submitted by attorneys for both sides in case
involving 125 claimants.
Mar. 4, 1978 NM Supreme Court rules in favor of 125 claimants, declaring
1952 determination of heirship suit set aside. The Supreme Court ruled,
that:
- There was no statutory authority in the state legal code until 1961 for
land grant boards to determine heirs
- It wasn't until 1967 that land grant boards were permitted by state law to
convert to private corporations
Santos display in the Sacred Hearts Chapel,
Click for photos of the Santos
collection in the church
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The Court orders District Court to begin the process of determining heirs
anew.
1978 New Mexico Supreme Court disbanded the Tome Land Improvement Co. (High
Country News, December 4, 2000)
Jun. 29, 1979 More than 10,000 claimants file claims to heirship c(Alb
Journal 7/14/79). Three special masters (one being, Vernon Salvador)
appointed to review claims by District Judge Edmund Kase of Socorro. Court
ruled that only persons who were 21 at the
time of the sale on November 4, 1968, and who could prove they were
descendants
of the 200 original owners of the land grant, could be eligible.
May 1980 District Judge Edmund Kase ordered fees for attorneys and
accountants representing plaintiffs, intervenors, and trustees in the 12
year battle for distribution of funds from the sale of the land grant be
paid fees totaling more than $400,000.
Supreme Court ruled that proceedings in district court in 1953 to determine
rightful owners of interest are void and invalid. The Supreme Court ordered
the District court to make a determination of all the rightful heirs and to
distribute the proceeds from the sale of the lands to them.
1981 Federal Trade Commission prosecutes Horizon Corporation.
Nov. 1, 1981 (Alb Journal) Judge Edmund Kase of Socorro appointed 3 special
masters, in June 1981, to hear the claims of more than 10,000 persons.
However, as the court's criteria
Early 1980's Valley Improvement Association (VIA) was formed promising to
turn mess on Rio del Oro to gold, (High County News, December 4, 2000).
March 1982 About 280 former shareholders who voted for the sale and who
received about $1.7 million ordered by the Supreme Court to reimburse the
money.
Aug. 18, 1982 Final report describing who can share in disbursement of about
$2 million from the 1968 sale should be completed within two weeks.
Jun. 1, 1983 Supreme Court orders about 70 dissenters to the sale who
settled out of court in 1972 to repay about $700,000.
Jul. 15, 1983 Kase scheduled an August 12, 1983 hearing to discuss the
distribution of nearly $2.5 million.
Sep. 1983 Former shareholders preparing to go to court to fight court order
to repay money previously distributed from sale of grant. Writ to be
prepared by Attorney Thomas Esquibel.
Oct. 5, 1983 Kase set deadline of 4 p.m. on Friday for any additional claims
of heirs, previous deadline was June 29, 1979.
Nov. 18, 1983 The Court has proposed the following discounts for "prompt
repayment": 50% on amounts less than $5,000; 33-1/3% on amounts between
$5,000-$16,000; and 20% on amounts greater than $16,000 (Alb Journal).
Nov. 23, 1983 Per newspaper article, heirs of:
- A-1 class: Persons who as of Nov. 4, 1968 were 21 years of age and either
were owners and proprietors, or were persons of the class who were then
eligible to become owners and proprietors by descent from the class of
determined owners and proprietors at the time of the incorporation of the
Town of Tome Land Grant.
- A-2 class: Persons who are heirs or successors of a person who, as of Nov.
4, 1968, was an owner or proprietor or a person of the class who was
eligible on such date to become an owner or proprietor be descent from the
class of determined owners at the time of that incorporation.
Dec. 12, 1983 Judge Kase ruled that approximately $2.5 million which was
distributed to 350 shareholders must be paid back for reallocation to the
heirs.
Dec. 1983 Disbursement of $1.6 million to 3500 heirs (approx. $500 each).
May 18, 1985 Approximately 40 former shareholders attended town meeting in
Belen sponsored by U.S. Representative Bill Richardson to try and enlist his
support in reaction to the 1982 court order for recollection of money
disbursed in 1968.
Jun. 12, 1985 NM Supreme Court denied a petition to stop collection of $2.5
million from former shareholders of the Tome Land and Improvement Co. June
9th deadline
in order to qualify for discounts offered by the court expired with denial
of the petition, per Peter Moughan Jr., a court appointed special collection
officer. Earlier in the week NM congressional delegation said they would ask
the IRS to refund $500,000 in taxes paid by former Tome Land Grant heirs,
because they felt the taxes were an inequity.
Sep. 4, 1985 Per Albuquerque Journal article: Horizon Corporation has
abandoned its plans to develop the 47,000 acre grant. Horizon corporation
has divested itself of most of the grant lands. The grant has since been
subdivided into more than 90,000 pieces of property with more than 30,000
owners, most absentee owners from other states. An accounting prepared by
the state District Court in Valencia county shows that
funds received from the 1968 sale of the grant totaled $7.6 million. That
includes the original $4.7 million sale price and almost $3 million in
interest (including $1.4
million interest from Horizon Corporation. and $1.6 million to eligible
claimants (approximately $500 each); about $1.2 million paid to attorneys;
another $900,000 paid in state and federal taxes and bank service charges;
approximately $1 million
remains in trust.
Dec. 1986 $60 distribution to heirs.
1999 Study is being conducted by the Federal General Accounting Office (GAO)
on land grant claims in NM, requested by Senators Pete Domenici and Jeff
Bingaman. The GAO, which is the investigative arm of Congress, must issue a
preliminary report by December with a final report to Congress, and the
president, due by December 2002. Under a bill introduced in February by
Bingaman and Domenici, if the report finds that the treaty was violated then
the U.S. Justice Department is required to identify possible remedies.
Apr 20, 2000 $45 distribution to heirs.
Jul. 23, 2000 Heirs of the Tome Land Grant believe about 100,000 acres on
the west face of the Manzanos, now federal forest land in the Cibola
National Forest, belong to them. 100,000 acres on the west face of the
Manzanos were lost when the boundary was drawn
incorrectly at the base of the mountains by the U.S. Surveyor General in
1871 during the administration of Ulysses S. Grant to verify the grant
boundaries in accordance with the 1848 Treaty of Guadalupe Hidalgo.
Aug. 2000 $45 distribution.
Dec. 29, 2000 Per Albuquerque Journal: Heirs of the Tome Land Grant want
Judge Kase to tell them how he decided on rightful heirs and how $4.7
million was distributed. There are now over 6,000 heirs. Some received $500,
some $23,000. Request for hearing filed
recently in state District Court in Los Lunas. The Town of Tome Land Grant
Research Council contends mistakes were made when NM Supreme court ruled in
1978 that
incorporation in 1955 was null and void.
Mar. 1, 2001 New Mexico Land Grant Forum is asking community land grant
heirs to form land grant boards so the government and other entities will
have an official body to contact for land grant issues and events.
April 2001 During Tome Land Grant meeting an interim board of trustees was
formed and officers were elected. President, Lawrence Sanchez;
Vice-president, Leo Marquez; Secretary, Rita Padilla-Gutierrez; Treasurer,
Donna Montano-Salas; board member, Ray Garcia.
April 20, 2000 $45 distribution.
May 25, 2001 $25 distribution.
One of the last checks issued as payment for
the Tome land Grant. It was for $45.00 and was total payment for the
sale of the the Grant of $4.6 million and one approximately of 6,000
checks.
Letter from Avelino Gutierrez Attorney: last check for total payment of the Tome Land Grant
Tome Hill was formed about 30 million years ago when
Magma pushed up near the surface. The Rio Grande River later eroded the
earth around the Basalt leaving the hill. The hill has been central to the
areas activities for hundreds if not thousands of years. Some Petroglyphs on
the hill are at least 2000 years old. Spanish Conquistadors camped at it's
base while traveling on the Camino Real. In recent times it is used for
religious activities during Easter. Click for photos of Tome ancient
petroglyphs on Tome Hill and other subjects
Click for a photo album of the church
