reglab/housing_qa huggingface dataset:
NM Stat § 67-11-10 (2021)
2021 New Mexico Statutes|Chapter 67 - Highways|Article 11 - Controlled-Access Facilities|Section 67-11-10 - Unlawful use of controlled-access facilities; penalties.

A. It is unlawful for any person: (1) to drive a vehicle over, upon or across any curb, central dividing section or other separation or dividing line on controlled-access facilities; or (2) to make a left turn or a semicircular or u-turn except through an opening provided for that purpose in the dividing curb section, separation or line; or (3) to drive any vehicle except in the proper lane provided for that purpose and in the proper direction and to the right of the central dividing curb, separation, section or line; or (4) to drive any vehicle into the controlled-access facility from a local service road except through an opening provided for that purpose in the dividing curb or dividing section or dividing line which separates such service road from the controlled-access facility proper. B. Any person who violates any of the provisions of this section is guilty of a misdemeanor, and upon conviction shall be punished by a fine of not more than one hundred dollars ($100) nor less than five dollars ($5.00) or by imprisonment in the county jail for not more than ninety days nor less than five days, or by both fine and imprisonment in the discretion of the judge. History: 1953 Comp., § 55-10-10, enacted by Laws 1957, ch. 234, § 10. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 40 Am. Jur. 2d Highways, Streets and Bridges §§ 604, 605. 40 C.J.S. Highways §§ 244, 248.
NM Stat § 67-12-1 (2021)
2021 New Mexico Statutes|Chapter 67 - Highways|Article 12 - Highway Beautification|Section 67-12-1 - Short title.

This act [67-12-1 to 67-12-14 NMSA 1978] may be cited as the "Highway Beautification Act." History: 1953 Comp., § 55-11-1, enacted by Laws 1966, ch. 65, § 1. ANNOTATIONSState Highway Beautification Act is constitutional. National Adver. Co. v. State ex rel. N.M. State Highway Comm'n, 1977-NMSC-101, 91 N.M. 191, 571 P.2d 1194. Law reviews. — For note, "Estoppel Applied Against the State," see 10 N.M.L. Rev. 501 (1980).
NM Stat § 67-12-3 (2021)
2021 New Mexico Statutes|Chapter 67 - Highways|Article 12 - Highway Beautification|Section 67-12-3 - Public policy.

In order to promote public safety, health, welfare, convenience and enjoyment of public travel, to protect the public investment in public highways and to preserve and enhance the scenic beauty of lands bordering public highways, it is the public policy of this state to regulate the erection and maintenance of outdoor advertising and the establishment, operation and maintenance of junkyards in areas adjacent to the interstate and primary systems in accordance with the Highway Beautification Act. The legislature finds that regulation of outdoor advertising and junkyards is for a highway purpose. History: 1953 Comp., § 55-11-3, enacted by Laws 1966, ch. 65, § 3. ANNOTATIONSAct meets constitutionality test. — The Highway Beautification Act meets the three-pronged test used to determine whether a time, place and manner restriction is valid: the act's restrictions on plaintiffs' exercise of their freedom of speech is justified without reference to the content of the regulated speech, its restrictions on plaintiffs' freedom of speech serve a significant governmental interest and the act leaves open ample alternative channels for communication of the information. Stuckey's Stores, Inc. v. O'Cheskey, 1979-NMSC-060, 93 N.M. 312, 600 P.2d 258, appeal dismissed, 446 U.S. 930, 100 S. Ct. 2145, 64 L. Ed. 2d 783 (1980).
NM Stat § 67-12-7 (2021)
2021 New Mexico Statutes|Chapter 67 - Highways|Article 12 - Highway Beautification|Section 67-12-7 - Outdoor advertising; safety rest areas; information centers.

In order to provide information in the specific interest of the traveling public, the commission may authorize outdoor advertising at safety rest areas and at information centers. History: 1953 Comp., § 55-11-7, enacted by Laws 1966, ch. 65, § 7. ANNOTATIONSRegulation deemed proper exercise of police power. — The regulation of outdoor advertising along interstate and primary highways is a reasonable and proper exercise of the police power. Stuckey's Stores, Inc. v. O'Cheskey, 1979-NMSC-060, 93 N.M. 312, 600 P.2d 258, appeal dismissed, 446 U.S. 930, 100 S. Ct. 2145, 64 L. Ed. 2d 783 (1980). Am. Jur. 2d, A.L.R. and C.J.S. references. — 39 Am. Jur. 2d Highways, Streets and Bridges § 288.
NM Stat § 67-12-8 (2021)
2021 New Mexico Statutes|Chapter 67 - Highways|Article 12 - Highway Beautification|Section 67-12-8 - Leases, franchises or concessions to individuals for private commercial operation of tourist information centers prohibited; penalty.

A. The state highway department or any lessee of highway department property shall not grant any lease, sublease, franchise or concession to any private person, corporation, association, partnership or firm for the purpose of operating any commercial tourist information center or similar tourist facility on lands owned or controlled by the state, without prior approval of the legislative finance committee. B. Any lease, sublease, franchise or concession in violation of this section is void, and any person authorizing or executing such lease, sublease, franchise or concession on behalf of the state highway department or its lessee is guilty of a petty misdemeanor and, in addition to any §1 other penalty prescribed by law, shall be removed from public office. History: 1953 Comp., § 55-11-7.1, enacted by Laws 1969, ch. 60, § 1. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 39 Am. Jur. 2d Highways, Streets and Bridges §§ 253, 254. 40 C.J.S. Highways § 244.
NM Stat § 67-12-9 (2021)
2021 New Mexico Statutes|Chapter 67 - Highways|Article 12 - Highway Beautification|Section 67-12-9 - Junkyards; license required.

A. No person shall establish, operate or maintain a junkyard, without first obtaining a junkyard license from the commission. The commission shall establish and collect uniform fees for the issuance of junkyard licenses. The fee shall not be more than the actual cost to the commission of enforcement and administration of the Highway Beautification Act, or ten dollars ($10.00) per year per junkyard, whichever is greater. The fees shall be paid to the state treasurer for credit to the state road fund. B. No junkyard license shall be issued for the establishment, operation or maintenance of a junkyard except for junkyards: (1) screened by natural objects, plantings, fences or other appropriate means so as not to be visible from the main-traveled way of the interstate or primary systems, or otherwise removed from sight, all in conformity with regulations relating thereto promulgated by the commission, if any; or (2) located within areas zoned for industrial use under authority of law; or (3) located within unzoned industrial areas as determined by actual land uses and defined by regulations promulgated by the commission; provided that no area shall be deemed to be an unzoned industrial area unless and until the commission has promulgated regulations defining same. C. Nothing herein to the contrary withstanding, no junkyard lawfully in existence on the effective date of the Highway Beautification Act, which has continued to so exist and has had timely paid therefor all license fees required by the Highway Beautification Act shall be denied a junkyard license, if proper application is made and the requisite fee tendered therefor, until such junkyard has been screened or otherwise removed from sight by the commission at its expense. D. Any fee for a junkyard license payable for the years 1966 through 1971 inclusive, shall be deemed timely paid if, but only if, the fee is received by the commission prior to July 1, 1971. For the year 1972 and every year thereafter, the license fee shall be deemed timely paid if, but only if, said fee is received by the commission on or before the first day of the year for which said fee is being paid. Failure of timely payment of said fee shall render the junkyard subject to removal, disposal and abatement by the commission without any compensation whatsoever, and at the cost of the owner thereof. History: 1953 Comp., § 55-11-8, enacted by Laws 1966, ch. 65, § 8; 1971, ch. 108, § 5.
NM Stat § 67-12-11 (2021)
2021 New Mexico Statutes|Chapter 67 - Highways|Article 12 - Highway Beautification|Section 67-12-11 - Junkyards; abatement of nuisance.

The establishment, operation or maintenance of any junkyard contrary to the provisions of the Highway Beautification Act is a public nuisance. In addition to all other remedies and powers granted to the commission by the Highway Beautification Act, the commission may cause the public nuisance to be abated, by application to the district court of the county in which the subject junkyard is located, or otherwise as provided by law. History: 1953 Comp., § 55-11-10, enacted by Laws 1966, ch. 65, § 10; 1971, ch. 108, § 7. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 39A C.J.S. Highways § 143.
NM Stat § 67-12-12 (2021)
2021 New Mexico Statutes|Chapter 67 - Highways|Article 12 - Highway Beautification|Section 67-12-12 - Powers of commission.

The commission may: A. promulgate regulations it deems necessary to implement and enforce the Highway Beautification Act; and B. enter into agreements with the secretary of commerce pursuant to Title 23, United States Code, relating to the control of outdoor advertising and junkyards in areas adjacent to the interstate and primary systems, and to take action in the name of the state to comply with the terms of the agreements. History: 1953 Comp., § 55-11-11, enacted by Laws 1966, ch. 65, § 11. ANNOTATIONSCross references. — For Scenic Highway Zoning Act not to derogate powers under this act, see 67-13-16 NMSA 1978.
NM Stat § 67-12-13 (2021)
2021 New Mexico Statutes|Chapter 67 - Highways|Article 12 - Highway Beautification|Section 67-12-13 - Construction of act.

Nothing in the Highway Beautification Act affects the provisions of any lawful ordinance or regulation which is more restrictive than the Highway Beautification Act. History: 1953 Comp., § 55-11-12, enacted by Laws 1966, ch. 65, § 12; 1971, ch. 108, § 8. ANNOTATIONSSeverability clauses. — Laws 1971, ch. 108, § 10, provides for the severability of the act if any part or application thereof is held invalid.
NM Stat § 67-12-14 (2021)
2021 New Mexico Statutes|Chapter 67 - Highways|Article 12 - Highway Beautification|Section 67-12-14 - Acquisition of land for scenic beauty.

A. The commission may acquire and improve land necessary for the restoration, preservation and enhancement of scenic beauty within and adjacent to the interstate and primary systems, including acquisition for publicly owned and controlled rest and recreation areas and sanitary and other facilities within or adjacent to the right-of-way and reasonably necessary to accommodate the traveling public. B. The interest in land acquired and maintained under this section may be the fee simple or any lesser interest determined by the commission to be reasonably necessary to accomplish the purposes of the Highway Beautification Act. The acquisition may be by gift, agreement, purchase, exchange, condemnation or otherwise. Acquisition through condemnation shall be in accordance with Sections 42-2-1 through 42-2-21 NMSA 1978. C. Acquisition of any land under this section is for highway purpose. History: 1953 Comp., § 55-11-14, enacted by Laws 1966, ch. 65, § 14. ANNOTATIONSSeverability clauses. — Laws 1966, ch. 65, § 17, provides for the severability of the act if any part or application thereof is held invalid. Am. Jur. 2d, A.L.R. and C.J.S. references. — 39 Am. Jur. 2d Highways, Streets and Bridges §§ 89, 168.
NM Stat § 67-12-15 (2021)
2021 New Mexico Statutes|Chapter 67 - Highways|Article 12 - Highway Beautification|Section 67-12-15 - Tree plantings along medians and public rights-of-way.

The commission shall, to the maximum extent practicable and with due consideration for safety, seek to arrange for tree plantings along all medians and public rights-of-way. The commission and the director of the forestry division of the energy, minerals and natural resources department shall coordinate efforts to arrange for tree plantings funded from the conservation planting revolving fund along medians and public rights-of-way. History: Laws 1991, ch. 18, § 1.
NM Stat § 67-13-1 (2021)
2021 New Mexico Statutes|Chapter 67 - Highways|Article 13 - Scenic Highway Zoning|Section 67-13-1 - Short title.

This act [67-13-1 to 67-13-16 NMSA 1978] may be cited as the "Scenic Highway Zoning Act." History: 1953 Comp., § 55-14-1, enacted by Laws 1973, ch. 17, § 1. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 39 Am. Jur. 2d Highways, Streets and Bridges §§ 89, 168.
NM Stat § 67-13-2 (2021)
2021 New Mexico Statutes|Chapter 67 - Highways|Article 13 - Scenic Highway Zoning|Section 67-13-2 - Legislative declaration.

It is declared as a matter of legislative determination that: A. the powers and duties provided in the Scenic Highway Zoning Act will serve a public use and will promote the health, safety, prosperity, security and general welfare of the inhabitants of New Mexico; B. the operation of zoning ordinances and agreements authorized in the Scenic Highway Zoning Act is in the public interest and constitutes a part of the established and permanent policy of the state; C. the scenic highway zones hereby authorized will be a special benefit to the property within and adjacent to them; D. the notice provided in the Scenic Highway Zoning Act for each hearing and action to be taken is reasonably calculated to inform any person of interest in any proceedings hereunder which may directly and adversely affect his legally protected interests; and E. for the accomplishment of these purposes, the provisions of the Scenic Highway Zoning Act shall be broadly construed. History: 1953 Comp., § 55-14-2, enacted by Laws 1973, ch. 17, § 2.
NM Stat § 67-13-3 (2021)
2021 New Mexico Statutes|Chapter 67 - Highways|Article 13 - Scenic Highway Zoning|Section 67-13-3 - Definitions.

As used in the Scenic Highway Zoning Act: A. "board" means a board of county commissioners; B. "highway" means any United States highway, state highway or any combination of such highways used for vehicular traffic; C. "person" means any human being, association, partnership, firm or corporation, excluding a public body and excluding the federal government; D. "public body" means the state of New Mexico or any agency, instrumentality or corporation thereof, or any municipality, school district or other district or any other political subdivision of the state, excluding the federal government; and E. "real property" means: (1) land, including land under water; (2) buildings, structures, fixtures and improvements on land; (3) any property appurtenant to or used in connection with land; and (4) every estate, interest, privilege, easement, franchise and right in land, legal or equitable, including without limiting the generality of the foregoing, rights-of-way, terms for years and liens and charges or encumbrances by way of judgment or otherwise, and the indebtedness secured by such liens. History: 1953 Comp., § 55-14-3, enacted by Laws 1973, ch. 17, § 3.
NM Stat § 67-13-4 (2021)
2021 New Mexico Statutes|Chapter 67 - Highways|Article 13 - Scenic Highway Zoning|Section 67-13-4 - Creation of scenic highway zones.

The board of county commissioners of any county, through which any highways extend, which highways have been designated by a joint memorial of both houses of the legislature as being a scenic road, may establish or amend by ordinance a scenic highway zone, provided such ordinance is enacted or amended by the unanimous vote of the entire board of county commissioners. History: 1953 Comp., § 55-14-4, enacted by Laws 1973, ch. 17, § 4. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 83 Am. Jur. 2d Zoning and Planning §§ 2, 3. Authority of zoning commission to impose, as condition of allowance of special zoning exception, permit or variance, requirements as to highway and traffic changes, 49 A.L.R.3d 492. 101 C.J.S. Zoning § 11.
NM Stat § 67-13-5 (2021)
2021 New Mexico Statutes|Chapter 67 - Highways|Article 13 - Scenic Highway Zoning|Section 67-13-5 - Boundaries of scenic highway zones.

The boundaries of a scenic highway zone are limited to a strip of real property five hundred feet wide on each side of the right-of-way of any highways established as a scenic highway zone by ordinance of the county. History: 1953 Comp., § 55-14-5, enacted by Laws 1973, ch. 17, § 5. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 83 Am. Jur. 2d Zoning and Planning §§ 164, 169. 101 C.J.S. Zoning § 5.
NM Stat § 67-13-6 (2021)
2021 New Mexico Statutes|Chapter 67 - Highways|Article 13 - Scenic Highway Zoning|Section 67-13-6 - Board powers; delegation allowed.

All powers, rights, privileges and duties vested in or imposed upon county commissioners shall be exercised and performed by the board; provided, that the exercise of any and all executive, administrative and ministerial powers may be, by the board, delegated and redelegated to officers and employees of the county. History: 1953 Comp., § 55-14-6, enacted by Laws 1973, ch. 17, § 6.
NM Stat § 67-13-7 (2021)
2021 New Mexico Statutes|Chapter 67 - Highways|Article 13 - Scenic Highway Zoning|Section 67-13-7 - Decision of board final.

The action and decision of the board as to all matters passed upon it in relation to any action, matter or thing provided herein shall be final. History: 1953 Comp., § 55-14-7, enacted by Laws 1973, ch. 17, § 7.
NM Stat § 67-13-8 (2021)
2021 New Mexico Statutes|Chapter 67 - Highways|Article 13 - Scenic Highway Zoning|Section 67-13-8 - Administrative powers of board.

The board may make and pass resolutions, regulations, ordinances and orders not repugnant to the provisions of the Scenic Highway Zoning Act, necessary or proper for the government and management of the affairs of a scenic highway zone, for the execution of the powers vested in the board and for carrying into effect the provisions of the Scenic Highway Zoning Act. History: 1953 Comp., § 55-14-8, enacted by Laws 1973, ch. 17, § 8.
NM Stat § 67-13-9 (2021)
2021 New Mexico Statutes|Chapter 67 - Highways|Article 13 - Scenic Highway Zoning|Section 67-13-9 - Zoning authority.

A. For the purpose of promoting the health, safety and the general welfare, and for the purpose of historic preservation, a county commission is a scenic highway zoning authority, with all of the powers provided for a municipal zoning authority under Sections 3-21-1 through 3-21-26 NMSA 1978 of the Municipal Code as modified by the provisions of the Scenic Highway Zoning Act, which provisions shall control, within a scenic highway zone and may through its ordinance power regulate the reasonable location and use of buildings, structures and real property. B. The scenic highway regulations and restrictions must be in accordance with a comprehensive plan and be designed to achieve the purposes stated in Subsection A of this section, and encourage the most appropriate use of real property within the area of a scenic highway zone. History: 1953 Comp., § 55-14-9, enacted by Laws 1973, ch. 17, § 9.
NM Stat § 67-13-10 (2021)
2021 New Mexico Statutes|Chapter 67 - Highways|Article 13 - Scenic Highway Zoning|Section 67-13-10 - Zoning; regulations and restrictions; public hearings required; notice.

A. A county, within its jurisdiction, shall provide for the manner in which scenic highway zoning regulations and restrictions are determined, established, enforced, amended, supplemented and repealed. B. No proposed scenic highway zoning regulation or restriction shall become effective, be amended, supplemented or repealed until after a public hearing at which all parties in interest and citizens shall have an opportunity to be heard. Bilingual notice of the date, time and place of the public hearing shall be published for two consecutive weeks at least fifteen days prior to the date of the hearing, in a newspaper of general circulation within the respective county. The notice shall contain, in addition to the date, time and place of the hearing, the title of the ordinance, a summary of its contents and a statement as to the time and place where copies of the ordinance may be obtained and where a display of zoning maps may be studied. C. Whenever a change in zoning is proposed, notice of the public hearing on the ordinance shall be published as required by the preceding subsection and in addition, notice of the public hearing shall be mailed by certified mail, return receipt requested, to the owners, as shown by the records of the county assessor, of lands or lots within the area proposed to be changed and which are within three hundred feet, excluding right-of-way, of the area proposed to be changed. D. If any owner of real property included in the area proposed for a change in zoning, protests in writing the proposed change, the proposed change in zoning will not become effective unless the change is approved by the unanimous vote of the entire board of county commissioners. History: 1953 Comp., § 55-14-10, enacted by Laws 1973, ch. 17, § 10.
NM Stat § 67-13-11 (2021)
2021 New Mexico Statutes|Chapter 67 - Highways|Article 13 - Scenic Highway Zoning|Section 67-13-11 - Appeals; grounds; stay of proceedings.

A. The board shall provide, by resolution, the procedure to be followed in considering appeals allowed by this section. A record shall be made of all proceedings. B. Any aggrieved person or any public body affected by a decision of an administrative officer, in the enforcement of the Scenic Highway Zoning Act, or any ordinance, resolution, rule or regulation adopted pursuant to these sections may appeal to the board. An appeal shall stay all proceedings in furtherance of the action appealed unless the officer from whom the appeal is taken certifies that by reason of facts stated in the certificate, a stay would cause imminent peril of life or property. Upon certification, the proceedings shall not be stayed except by order of the board. C. When an appeal alleges that there is an error in any order, requirement, decision or determination by an administrative official or any board in the enforcement of the Scenic Highway Zoning Act or any ordinance, resolution, rule or regulation adopted pursuant to these sections, the board, by a majority vote of the quorum present, may: (1) authorize, in appropriate cases and subject to appropriate conditions and safeguards, special exceptions to the terms of the zoning ordinance or resolution: (a) which are not contrary to the public interest; (b) where, owing to special conditions, a literal enforcement of the zoning ordinance will result in unnecessary hardship; and (c) so that the spirit of the zoning ordinance is observed and substantial justice done; or (2) in conformity with the Scenic Highway Zoning Act: (a) reverse any order, requirement, decision or determination of an administrative official; (b) decide in favor of the appellant; or (c) make any change in any order, requirement, decision or determination of an administrative official. History: 1953 Comp., § 55-14-11, enacted by Laws 1973, ch. 17, § 11.
NM Stat § 67-13-12 (2021)
2021 New Mexico Statutes|Chapter 67 - Highways|Article 13 - Scenic Highway Zoning|Section 67-13-12 - Zoning; petition for review; restraining order.

A. A person aggrieved by a decision of the board may appeal to the district court pursuant to the provisions of Section 39-3-1.1 NMSA 1978. B. The appeal shall not stay the decision appealed from, but the court may, on application, grant a restraining order. History: 1953 Comp., § 55-14-12, enacted by Laws 1973, ch. 17, § 12; 1998, ch. 55, § 82; 1999, ch. 265, § 83. ANNOTATIONSThe 1999 amendment, effective July 1, 1999, substituted "Section 39-3-1.1" for "Section 12-8A-1" in Subsection A. The 1998 amendment, effective September 1, 1998, deleted "; time limit" from the section heading, and rewrote Subsection A.