reglab/housing_qa huggingface dataset:
NM Stat § 67-3-36 (2021)
2021 New Mexico Statutes|Chapter 67 - Highways|Article 3 - State Transportation Commission|Section 67-3-36 - Acquisition of rights of way; duty of county and district attorney.

Except as provided in Section 67-3-37 NMSA 1978, the rights of way deemed necessary by the state transportation commission for highways constructed or reconstructed under the supervision of the state transportation commission shall be acquired by the county through which such highways shall or do pass by donation, agreement, exchange, by the exercise of the power of eminent domain or otherwise, in the manner provided by law for acquiring property or property rights for public uses. It is the duty of the district attorney for the county wherein such property or property rights are situate to commence and prosecute an action to acquire all such property or property rights upon request of the board of county commissioners or the state transportation commission. History: 1953 Comp., § 55-2-28.1, enacted by Laws 1963, ch. 249, § 1; 2003, ch. 142, § 50. ANNOTATIONSThe 2003 amendment, effective July 1, 2003, substituted "state transportation commission" for "state highway commission". Am. Jur. 2d, A.L.R. and C.J.S. references. — 39 Am. Jur. 2d Highways, Streets and Bridges §§ 152 to 194. 39A C.J.S. Highways § 136.
NM Stat § 67-3-37 (2021)
2021 New Mexico Statutes|Chapter 67 - Highways|Article 3 - State Transportation Commission|Section 67-3-37 - Acquisition of rights of way for interstate system; primary system; secondary system; payment.

A. In the acquisition of property or property rights deemed necessary by the state transportation commission for construction or reconstruction of the national system of interstate and defense highways, more commonly known as the "federal aid interstate system", the "federal aid primary system" and the "federal aid secondary system", the state transportation commission shall, at its costs, acquire the property or property rights directly, by either donation, agreement, exchange, condemnation or otherwise, without recourse to the county. B. The secretary is authorized to make full payment directly to the owner or party having an interest in the property or property interests involved, in the manner prescribed by law, or may reimburse the county for the actual costs. History: 1953 Comp., § 55-2-28.2, enacted by Laws 1963, ch. 249, § 2; 2003, ch. 142, § 51. ANNOTATIONSThe 2003 amendment, effective July 1, 2003, substituted "state transportation commission" for "state highway commission"; and substituted "secretary" for "state highway engineer". Am. Jur. 2d, A.L.R. and C.J.S. references. — 39 Am. Jur. 2d Highways, Streets and Bridges §§ 192 to 194. 39A C.J.S. Highways § 136.
NM Stat § 67-3-38 (2021)
2021 New Mexico Statutes|Chapter 67 - Highways|Article 3 - State Transportation Commission|Section 67-3-38 - Action by state transportation commission.

When the state transportation commission secures property or property rights required for the construction or reconstruction of the federal aid interstate system, the federal aid primary system or the federal aid secondary system, it is the duty of the district attorney for the county wherein such property or property rights are situate to aid and assist the state transportation commission in all matters pertaining thereto and to be present and assist at any trial involving the property or property rights required upon written request of the secretary or the head of the legal section of the department. History: 1953 Comp., § 55-2-28.3, enacted by Laws 1963, ch. 249, § 3; 2003, ch. 142, § 52. ANNOTATIONSThe 2003 amendment, effective July 1, 2003, substituted "state transportation commission" for "state highway commission" in the section heading and the section; and substituted "secretary" for "state highway engineer".
NM Stat § 67-3-39 (2021)
2021 New Mexico Statutes|Chapter 67 - Highways|Article 3 - State Transportation Commission|Section 67-3-39 - Waiver of immunity.

Nothing contained herein shall be construed as waiving the state's immunity to suit without its consent. History: 1953 Comp., § 55-2-28.4, enacted by Laws 1963, ch. 249, § 4. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 39 Am. Jur. 2d Highways, Streets and Bridges § 119.
NM Stat § 67-3-40 (2021)
2021 New Mexico Statutes|Chapter 67 - Highways|Article 3 - State Transportation Commission|Section 67-3-40 - Control of state highways; maintenance costs.

The state transportation commission shall have full control over all roads designated by the commission as state highways or created as state highways by acts of the legislature. The costs of maintenance thereof shall be paid by the state, provided, that if at any time the money in the state road fund available for improvement or maintenance of all such state highways in the state shall not be sufficient for such purposes, the state transportation commission shall certify to the respective boards of county commissioners the certain sections of the highways in the counties, proportionately to such deficiency, which shall be improved and maintained wholly by the respective counties until sufficient funds are provided in the state road fund to enable the state to take over and maintain them as state highways. History: Laws 1919, ch. 99, § 13; C.S. 1929, § 64-333; 1941 Comp., § 58-229; 1953 Comp., § 55-2-29; 2003, ch. 142, § 53. ANNOTATIONSThe 2003 amendment, effective July 1, 2003, added the section heading; and substituted "state transportation commission" for "state highway commission". Compiler's notes. — The proviso in this section was formerly placed in parentheses by the compiler to indicate that it was deemed to be superseded by 67-4-13 NMSA 1978. Exclusive authority to grant franchises. — The commission has exclusive authority to grant franchises for use of highways. 1920 Op. Att'y Gen. No. 20-2671. Power to improve road. — Until the commission certifies back to a county or municipality a section of road it has been using as part of the state highway system, and for which an alternative route has been adopted, it has the power to improve such section under 67-3-14, 67-3-16, 67-3-26, 67-3-31 and 67-3-40 NMSA 1978. 1934 Op. Att'y Gen. No. 34-797. Permission to post signs. — On a road over which the commission has exclusive jurisdiction without regard whatsoever to obligations incurred to another governmental agency, the commission can grant or refuse permission to post signs. On such highways, the state soil conservation committee (now soil and water conservation commission) can make application subject to the discretion of the commission. 1958 Op. Att'y Gen. No. 58-99. On rights of way. — The commission has the authority within its own discretion to grant or refuse permits to place signs of boundaries on highway rights of way. 1958 Op. Att'y Gen. No. 58-99. Am. Jur. 2d, A.L.R. and C.J.S. references. — 39A C.J.S. Highways § 157.
NM Stat § 67-3-42 (2021)
2021 New Mexico Statutes|Chapter 67 - Highways|Article 3 - State Transportation Commission|Section 67-3-42 - Bridges considered part of highway.

For the purposes of Chapter 67 NMSA 1978, necessary bridges, culverts and other appertaining structures on any highway shall be considered a part of such highway. Not more than fifty percent of the cost of all construction or improvement of highways, under the provisions of Chapter 67 NMSA 1978, shall be paid by the state and not less than fifty percent by the county in which such work is done, except where such work is done by the state transportation commission without the use of county funds. History: Laws 1917, ch. 38, § 13; C.S. 1929, § 64-314; 1941 Comp., § 58-231; 1953 Comp., § 55-2-31; 2003, ch. 142, § 55. ANNOTATIONSThe 2003 amendment, effective July 1, 2003, added the section heading; and substituted "state transportation commission" for "state highway commission". Compiler's notes. — Parentheses were formerly inserted by the compiler to indicate that the words "or improvement" were deemed to be superseded by 67-3-40 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — 39 Am. Jur. 2d Highways, Streets and Bridges §§ 11, 12, 41 to 48, 80.
NM Stat § 67-3-45 (2021)
2021 New Mexico Statutes|Chapter 67 - Highways|Article 3 - State Transportation Commission|Section 67-3-45 - Repealed.

ANNOTATIONSRepeals. — Laws 1981, ch. 127, § 20, repeals 67-3-44 and 67-3-45 NMSA 1978, relating to the use of convict labor on highway work. Laws 1981, ch. 127, contains no effective date provision applicable to this section, but was enacted at the session which adjourned on March 21, 1981. See N.M. Const., art. IV, § 23.
NM Stat § 67-3-46 (2021)
2021 New Mexico Statutes|Chapter 67 - Highways|Article 3 - State Transportation Commission|Section 67-3-46 - Rental of equipment; bids not required in emergencies; bid procedure; restrictions.

In cases of emergency where a state highway is rendered impassable for vehicular traffic by reason of fire, flood, storm or any other unusual condition and when it is necessary to take emergency action to reestablish the highway to a condition to render it passable to traffic, and equipment owned by the state transportation commission suitable for such purpose is not immediately available, the secretary, subject to approval of the state transportation commission, may rent equipment for such purpose at a reasonable rental rate without advertising for bids. In all other cases, the secretary shall advertise for bids before renting equipment and shall rent such equipment from the party submitting the lowest satisfactory bid. Such advertisement for bids shall be in accordance with such rules as may be adopted therefor by the state transportation commission, and bids shall be on such forms and in such manner and accompanied by such guarantee as may be prescribed by the commission. History: Laws 1939, ch. 91, § 1; 1941 Comp., § 58-235; 1953 Comp., § 55-2-35; 2003, ch. 142, § 56. ANNOTATIONSCross references. — For Procurement Code, see 13-1-28 to 13-1-199 NMSA 1978. The 2003 amendment, effective July 1, 2003, added the section heading; substituted "state transportation commission" for "state highway commission"; and substituted "secretary" for "state highway engineer". Am. Jur. 2d, A.L.R. and C.J.S. references. — 39 Am. Jur. 2d Highways, Streets and Bridges §§ 233, 234. 40 C.J.S. Highways §§ 197 to 202.
NM Stat § 67-3-47 (2021)
2021 New Mexico Statutes|Chapter 67 - Highways|Article 3 - State Transportation Commission|Section 67-3-47 - [Contracts for state aid roads; execution; restrictions.]

That every contract for highway improvement upon state roads or roads improved, maintained or constructed with state aid, under the provisions of this act, shall be made in the name of the state of New Mexico and signed by the state highway engineer, together with the board of county commissioners or other proper officer or officers of a participating county, and by the contracting party, and no such contract shall be entered into, nor shall any such work be authorized, in any county which will create a liability on the part of the state in excess of the funds apportioned to or otherwise available for expenditures in such county under the terms of this act. History: Laws 1917, ch. 38, § 10; C.S. 1929, § 64-311; 1941 Comp., § 58-236; 1953 Comp., § 55-2-36. ANNOTATIONSMeaning of "this act". — The term "this act" refers to Laws 1917, ch. 38, the provisions of which are presently compiled as 67-3-9 to 67-3-11, 67-3-24, 67-3-26, 67-3-31, 67-3-33, 67-3-41 to 67-3-43, 67-3-47, 67-3-48, and 67-4-17. Am. Jur. 2d, A.L.R. and C.J.S. references. — 39 Am. Jur. 2d Highways, Streets and Bridges §§ 96, 98. Construction and effect of "changed conditions" clause in public works or construction contract with state or its subdivision, 56 A.L.R.4th 1042. 40 C.J.S. Highways §§ 197 to 202.
NM Stat § 67-3-48 (2021)
2021 New Mexico Statutes|Chapter 67 - Highways|Article 3 - State Transportation Commission|Section 67-3-48 - Partial payments on road contracts; progress estimates; limitation; division of amounts.

Partial payments may be made on any contract for highway improvement under the provisions of this act, as the work progresses. Progress estimates shall be based on materials in place and labor expended thereon, but no more than ninety-five percent of the contract price of the work shall be paid in advance of the full completion of such contract and its acceptance by the state highway engineer. The state and county shall each pay its proportionate share of such partial payments on the certification of the amount thereof by the state highway engineer. History: Laws 1917, ch. 38, § 11; C.S. 1929, § 64-312; 1941 Comp., § 58-237; 1953 Comp., § 55-2-37; Laws 1975, ch. 266, § 1. ANNOTATIONSMeaning of "this act". — The term "this act" refers to Laws 1917, ch. 38, the provisions of which are presently compiled as 67-3-9 to 67-3-11, 67-3-24, 67-3-26, 67-3-31, 67-3-33, 67-3-41 to 67-3-43, 67-3-47, 67-3-48, and 67-4-17. Limitation on advancement. — Even though the contractor cannot finish job because of conditions completely beyond his control, such as nondelivery of steel to the state necessary to complete the project, commission may not advance more than 85% (now 95%) of the contract price. 1947 Op. Att'y Gen. No. 47-5116. Effect of claim by judgment creditor on final proceedings. — No payment of the retainage and no final settlement can be made where a creditor, who has a disputed claim upon which suit has been brought, has pursued the case to judgment in the state court. 1951 Op. Att'y Gen. No. 51-5395.
NM Stat § 67-3-49 (2021)
2021 New Mexico Statutes|Chapter 67 - Highways|Article 3 - State Transportation Commission|Section 67-3-49 - Claims of highway contractor's creditors; state highway suspense fund.

Whenever, after the completion of any contract for the construction, repair or maintenance of any public highway under the supervision of the state transportation commission and the final acceptance of the work done thereunder, there now is or hereafter may be funds in a sum of less than five hundred dollars ($500) remaining in the hands of the state treasurer, properly payable under said contract, and claims of alleged creditors of such contractor have been filed with the state transportation commission against such funds, then, and at the election of the state transportation commission and upon an appropriate voucher issued by the proper officer of said commission specifying the project number of such contract and the name of such contractor and the names of all creditors who have filed such claims with said commission and the amounts of all claims so filed, the secretary of finance and administration shall issue a warrant for the transfer of the full amount of said fund to a special account to be known as the "state highway suspense fund" and shall specify upon his records the amount of money so transferred, the project number of said contract, the name of said contractor and the names and amounts of the claims of such creditors. Upon receipt of such warrant, the state treasurer shall transfer such funds to the state highway suspense fund in accordance with said warrant. History: Laws 1929, ch. 108, § 1; C.S. 1929, § 64-342; 1941 Comp., § 58-238; 1953 Comp., § 55-2-38; Laws 1977, ch. 247, § 165; 2003, ch. 142, § 57. ANNOTATIONSThe 2003 amendment, effective July 1, 2003, substituted "state transportation commission" for "state highway commission". The 1977 amendment substituted "secretary of finance and administration" for "state auditor" in the first sentence. Making final payment when road may need to be redone. — The commission may lawfully make final payment to a highway contractor on a road constructed by the said contractor even though it appears that it may be necessary to remove and replace the surface base and subbase of the highway at considerable expense, unless the contractor failed to meet the standard and special specifications which constitute a part of the contract and such failure to follow said specifications resulted in the failure of the highway. 1958 Op. Att'y Gen. No. 58-147.
NM Stat § 67-3-50 (2021)
2021 New Mexico Statutes|Chapter 67 - Highways|Article 3 - State Transportation Commission|Section 67-3-50 - Account closing; nonliability.

Upon transfer of the funds as provided in Section 67-3-49 NMSA 1978, the state transportation commission shall close its book of account upon such project and shall have no further responsibility in connection with such fund or with the payment of the balance of money remaining to the credit of said contractor upon said contract. History: Laws 1929, ch. 108, § 2; C.S. 1929, § 64-343; 1941 Comp., § 58-239; 1953 Comp., § 55-2-39; 2003, ch. 142, § 58. ANNOTATIONSThe 2003 amendment, effective July 1, 2003, substituted "of the funds as provided in Section 67-3-49 NMSA 1978" for "being made"; and substituted "state transportation commission" for "state highway commission". Making final payment when road may need to be redone. — The commission may lawfully make final payment to a highway contractor on a road constructed by the said contractor when it appears that it may be necessary to remove and replace the surface base and subbase of the highway at considerable expense, unless the contractor failed to meet the standard and special specifications which constitute a part of the contract and such failure to follow said specifications resulted in the failure of the highway. 1958 Op. Att'y Gen. No. 58-147.
NM Stat § 67-3-51 (2021)
2021 New Mexico Statutes|Chapter 67 - Highways|Article 3 - State Transportation Commission|Section 67-3-51 - [Restrictions on disbursements from suspense fund.]

The monies in said "state highway suspense fund" shall be paid to such contractor or his creditors, as the case may be, only upon the determination of the respective rights of such contractor and said creditors who have filed such claims, by a court of competent jurisdiction in some action by or against the contractor or the sureties upon his bond. History: Laws 1929, ch. 108, § 3; C.S. 1929, § 64-344; 1941 Comp., § 58-240; 1953 Comp., § 55-2-40. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 40 C.J.S. Highways §§ 176, 203 et seq.
NM Stat § 67-3-52 (2021)
2021 New Mexico Statutes|Chapter 67 - Highways|Article 3 - State Transportation Commission|Section 67-3-52 - Payment from state highway suspense fund.

Upon the delivery to the department of finance and administration of a certified copy of any such decree determining the respective rights of said contractor or sureties, and all of said creditors to said fund, the secretary of finance and administration shall issue a warrant for the payment thereof in accordance with such decree, and the state treasurer shall pay the same in accordance therewith. History: Laws 1929, ch. 108, § 4; C.S. 1929, § 64-345; 1941 Comp., § 58-241; 1953 Comp., § 55-2-41; Laws 1977, ch. 247, § 166. ANNOTATIONSThe 1977 amendment substituted "department of finance and administration" for "state auditor" and "secretary of finance and administration" for "state auditor." Am. Jur. 2d, A.L.R. and C.J.S. references. — 39A C.J.S. Highways § 208.
NM Stat § 67-3-53 (2021)
2021 New Mexico Statutes|Chapter 67 - Highways|Article 3 - State Transportation Commission|Section 67-3-53 - [Reversion of suspense fund balances.]

If any monies remain in said "state highway suspense fund" for a period of five years without such a determination of the respective rights of said contractor and creditors thereto, the same shall revert to the state of New Mexico and be covered back into the state road fund. History: Laws 1929, ch. 108, § 5; C.S. 1929, § 64-346; 1941 Comp., § 58-242; 1953 Comp., § 55-2-42.
NM Stat § 67-3-54 (2021)
2021 New Mexico Statutes|Chapter 67 - Highways|Article 3 - State Transportation Commission|Section 67-3-54 - Flight strips, airport and access roads; contracts with federal government; secretary.

The state transportation commission is hereby authorized to enter into and make agreements with the federal government, or any agency, bureau or commission thereof, providing for the construction and maintenance of flight strips for the landing and launching of aircraft adjacent to or in the vicinity of public highways, for the construction and maintenance of airports or the construction and maintenance of access roads to flight strips, airports, bombing ranges, target ranges, federal reservations or to any industry or location deemed necessary to the war effort. Whenever a project for the construction and maintenance of a flight strip, an airport or an access road has been approved by the state transportation commission, the secretary is hereby authorized to execute and sign on behalf of the commission the project agreement and modifications thereof and all other documents in connection with such project. Such agreements, modifications thereof and documents, when so executed and signed, shall be binding upon the state to the same extent as if they had been signed by every member of the state transportation commission. History: 1941 Comp., § 58-254, enacted by Laws 1943, ch. 7, § 1; 1953 Comp., § 55-2-44; 2003, ch. 142, § 59. ANNOTATIONSCross references. — For Procurement Code, see 13-1-28 to 13-1-199 NMSA 1978. The 2003 amendment, effective July 1, 2003, added the section heading; substituted "state transportation commission" for "state highway commission"; and substituted "secretary" for "state highway engineer". Construction and funding of state-owned airport. — State highway department (now department of transportation) rather than aeronautics commission (now aviation division) may legally construct and maintain a state-owned public airport (necessary to the war effort) and may accept federal money in connection with it. 1947 Op. Att'y Gen. No. 47-5117. Am. Jur. 2d, A.L.R. and C.J.S. references. — 39 Am. Jur. 2d Highways, Streets and Bridges § 201. 40 C.J.S. Highways §§ 179, 197 et seq.
NM Stat § 67-3-55 (2021)
2021 New Mexico Statutes|Chapter 67 - Highways|Article 3 - State Transportation Commission|Section 67-3-55 - Flight strips, airports and access roads; bidding procedures; bond.

The state transportation commission may construct, reconstruct or maintain any flight strips, any airport or access road by work done with its own forces. In all other cases, it is the duty of the secretary to let the work on contract, after taking bids therefor, subject to the approval of the state transportation commission. The taking of bids therefor shall be in accordance with such rules as may be adopted by the commission. The secretary may reject any or all bids if they are unbalanced or for any other good cause, but otherwise he shall award the contract to the lowest responsible bidder. The successful bidder shall be required to furnish satisfactory bond in such amount as may be determined by the state transportation commission pledged to the faithful performance by the bidder of the terms of his contract. History: 1941 Comp., § 58-255, enacted by Laws 1943, ch. 7, § 2; 1953 Comp., § 55-2-45; 2003, ch. 142, § 60. ANNOTATIONSThe 2003 amendment, effective July 1, 2003, added the section heading; substituted "state transportation commission" for "state highway commission"; and substituted "secretary" for "state highway engineer".