reglab/housing_qa huggingface dataset:
NM Stat § 67-4-11 (2021)
2021 New Mexico Statutes|Chapter 67 - Highways|Article 4 - County Highways in General|Section 67-4-11 - Unlawful to transfer money from county road and bridge fund to any other county fund.

It shall be unlawful to transfer any moneys from the county road and bridge fund to any other county fund. The county treasurer shall be liable on his official bond for any such transfer or transfers. History: Laws 1921, ch. 135, § 10; C.S. 1929, § 64-210; 1941 Comp., § 58-310; 1953 Comp., § 55-3-11; Laws 1973, ch. 258, § 145. ANNOTATIONSMoney may not be legally transferred from the county road fund to other funds within the county operating budget. 1969 Op. Att'y Gen. No. 69-149. Disposition of surplus legislative matter. — The disposition of any surplus in the county road fund, other than as provided in this chapter, is a matter for the legislature and it alone can authorize a different use than what is now permitted under the statute. 1952 Op. Att'y Gen. No. 52-5500. Am. Jur. 2d, A.L.R. and C.J.S. references. — Taxation for highway purposes as within constitutional provisions prohibiting legislature from imposing taxes for town, county, city or corporate purposes, or providing that legislature may invest power to levy such taxes in local authorities, 46 A.L.R. 609, 106 A.L.R. 906. 20 C.J.S. Counties §§ 193 to 203.
NM Stat § 67-4-12 (2021)
2021 New Mexico Statutes|Chapter 67 - Highways|Article 4 - County Highways in General|Section 67-4-12 - Rights of way; road location changes.

A. Rights of way deemed necessary by the board of county commissioners for new roads or changes in location in roads shall be acquired by the board of county commissioners by donation by the owner, by payment of a price agreed upon by the owner and the board of county commissioners or by the exercise of the power of eminent domain in the manner provided by law for acquiring property for public use. No change of location of any portion of a state highway or road construction with federal or state aid shall be made without the approval of the state transportation commission. B. Future rights of way may be designated without immediate acquisition if: (1) the changes in the county highway map due to designation of a future right of way are posted at the county courthouse of the respective county; (2) persons who may be adversely affected are notified of the future right of way designation and the estimated period of time that may elapse before acquisition; (3) a hearing is provided for all interested persons; and (4) the county highway map, as amended, is filed with the state transportation commission. History: Laws 1921, ch. 135, § 11; C.S. 1929, § 64-211; 1941 Comp., § 58-311; 1953 Comp., § 55-3-12; Laws 1971, ch. 197, § 1; 2003, ch. 142, § 77. ANNOTATIONSCross references. — For eminent domain, see Chapter 42A, Article 1 NMSA 1978. The 2003 amendment, effective July 1, 2003, substituted "state transportation commission" for "state highway commission." Damages not unreasonable or excessive. — The fact that the last award of damages for land condemned was 10 times as much as the original award is not indicative that the final judgment was unreasonable and excessive, without evidence of the value of the land. Board of Cnty. Comm'rs v. Wasson, 1933-NMSC-076, 37 N.M. 503, 24 P.2d 1098; Board of Cnty. Comm'rs v. Gardner, 1933-NMSC-077, 37 N.M. 514, 24 P.2d 1104.
NM Stat § 67-4-13 (2021)
2021 New Mexico Statutes|Chapter 67 - Highways|Article 4 - County Highways in General|Section 67-4-13 - Road maintenance; insufficiency of state funds.

All county roads and bridges shall be maintained at the expense of the respective counties. All roads, and bridges upon roads, that have been declared to be a state highway by acts of the legislature or resolution of the state transportation commission shall be maintained at the expense of the state, provided, that whenever there are not sufficient funds available in the state road fund for maintenance of all state highway mileage in any county, the state transportation commission shall certify to the board of county commissioners of the county the sections of highways that it is unable to maintain at state expense, and these sections shall thereafter be maintained at the expense of the county until such time as there are state funds available to maintain them. History: Laws 1921, ch. 135, § 12; C.S. 1929, § 64-212; 1941 Comp., § 58-312; 1953 Comp., § 55-3-13; 2003, ch. 142, § 78. ANNOTATIONSThe 2003 amendment, effective July 1, 2003, added the section heading; and substituted "state transportation commission" for "state highway commission". Extensions of federal aid system. — State highway department (now department of transportation) may construct and maintain extensions of federal aid system into and through municipalities and secondary and feeder roads. 1933 Op. Att'y Gen. No. 33-625. Public meeting required. — While the board of county commissioners need not hold a hearing when it closes a county road or highway for repair and maintenance, former 67-4-9 NMSA 1978 required a public meeting that educates county residents about roads on which the county will work in the following year. 1988 Op. Att'y Gen. No. 88-62. Am. Jur. 2d, A.L.R. and C.J.S. references. — Liability of governmental entity for damage to motor vehicle or injury to person riding therein resulting from collision between vehicle and domestic animal at large in street or highway, 52 A.L.R.4th 1200.
NM Stat § 67-4-14 (2021)
2021 New Mexico Statutes|Chapter 67 - Highways|Article 4 - County Highways in General|Section 67-4-14 - Repealed.

ANNOTATIONSRepeals. — Laws 1991, ch. 249, § 1 repeals 67-4-14 NMSA 1978, as enacted by Laws 1921, ch. 135, § 14, relating to contracts for construction, advertisement for bids, effective June 14, 1991.
NM Stat § 67-4-15 (2021)
2021 New Mexico Statutes|Chapter 67 - Highways|Article 4 - County Highways in General|Section 67-4-15 - [Violation of 67-4-3 to 67-4-16 NMSA 1978; penalty; disposition of fines.]

Any person or officer refusing to comply with the provisions of this act [67-4-3 to 67-4-16 NMSA 1978], or violating any of the provisions thereof, shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than twenty-five [($25.00)] nor more than one hundred dollars [($100)] and the costs of prosecution, which fine and costs shall be paid to the county treasurer and by such county treasurer credited to the county road and bridge fund of the precinct or district within such county where the defendant or person liable for the payment of said road tax resides. History: Laws 1921, ch. 135, § 16; C.S. 1929, § 64-215; 1941 Comp., § 58-314; 1953 Comp., § 55-3-15. ANNOTATIONSBracketed material. — The bracketed material in this section was inserted by the compiler; it was not enacted by the legislature and is not a part of the law. Compiler's notes. — New Mexico Const., art. XII, § 4, provides that "All fines and forfeitures collected under general laws . . . shall constitute the current school fund of the state." Am. Jur. 2d, A.L.R. and C.J.S. references. — 56 Am. Jur. 2d Municipal Corporations, Counties and Other Political Subdivisions § 414. 20 C.J.S. Counties §§ 77, 142.
NM Stat § 67-4-16 (2021)
2021 New Mexico Statutes|Chapter 67 - Highways|Article 4 - County Highways in General|Section 67-4-16 - [Misuse of funds and other violations; liability on bond; removal from office.]

Any public official who shall divert or misuse any county road and bridge funds or who shall violate or fail to carry out any of the provisions of this act [67-4-3 to 67-4-16 NMSA 1978] shall be liable on his official bond therefor, and shall be subject to removal from office on account thereof. History: Laws 1921, ch. 135, § 17; C.S. 1929, § 64-216; 1941 Comp., § 58-315; 1953 Comp., § 55-3-16. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 56 Am. Jur. 2d Municipal Corporations, Counties and Other Political Subdivision § 414. 20 C.J.S. Counties §§ 104, 137, 142.
NM Stat § 67-4-17 (2021)
2021 New Mexico Statutes|Chapter 67 - Highways|Article 4 - County Highways in General|Section 67-4-17 - [Cooperative agreements with federal government.]

The boards of county commissioners of the several counties are hereby authorized to enter into cooperative agreements with the secretary of agriculture for the survey, construction and maintenance of roads and trails within their counties as provided by Section 8 of the act of congress of the United States, approved July eleven, 1916, entitled "An act to provide that the United States shall aid the states in the construction of rural post roads, and for other purposes." History: Laws 1917, ch. 38, § 22; C.S. 1929, § 64-323; 1941 Comp., § 58-318; 1953 Comp., § 55-3-19. ANNOTATIONSCompiler's notes. — The federal act referred to in this section was codified at 16 U.S.C. § 503, but has since been repealed.
NM Stat § 67-4-18 (2021)
2021 New Mexico Statutes|Chapter 67 - Highways|Article 4 - County Highways in General|Section 67-4-18 - [Portion of proceeds of tax levies paid to municipalities.]

From and after the time this act shall take effect, the treasurer of each county shall immediately as the same are received, pay over to the treasurer of any city, town or village situate within such county thirty per centum of all moneys coming into the hands of such county treasurer and collected from or under any road tax levied for county roads under general laws on the taxable property within the corporate limits of such city, town or village, the proceeds of which tax are not pledged for the payment of certificates of indebtedness or bonds already issued, or not levied to meet the assent of the state of New Mexico to the provisions of the act of congress, approved July 11, 1916, entitled, "An act to provide that the United States shall aid the states in the construction of rural post roads and for other purposes," under Chapter 38 of the Session Laws of the third state legislative assembly of New Mexico. History: Laws 1919, ch. 90, § 1; C.S. 1929, § 64-802; 1941 Comp., § 58-321; 1953 Comp., § 55-3-22. ANNOTATIONSCompiler's notes. — The federal act referred to in this section was codified at 16 U.S.C. § 503, but has since been repealed. Chapter 38 of the Session Laws of the third state legislature (1917) is compiled principally in Articles 3 and 4 of Chapter 67, NMSA 1978. The particular sections referring to federal aid were 55-3-19 and 55-3-20, 1953 Comp., the former presently compiled as 67-4-17 NMSA 1978, the latter being repealed by Laws 1974, ch. 92, § 34.
NM Stat § 67-4-19 (2021)
2021 New Mexico Statutes|Chapter 67 - Highways|Article 4 - County Highways in General|Section 67-4-19 - [Municipal "street paving and improvement fund"; purposes for which used.]

All moneys received by treasurers of cities, towns and villages under this act [67-4-18, 67-4-19 NMSA 1978] shall be held and expended as "street paving and improvements funds," and for no other purposes, providing that all funds received hereunder shall be expended for street maintenance and improvement of streets in such cities, towns and villages which are extensions of the public roads and highways through or into such cities, towns and villages and that paving shall not be considered as improvements for the purposes of this act. And provided further that such funds may be expended upon roads within the county outside of the limits of and leading into such cities, towns and villages. History: Laws 1919, ch. 90, § 2; C.S. 1929, § 64-803; 1941 Comp., § 58-322; 1953 Comp., § 55-3-23.
NM Stat § 67-4-20 (2021)
2021 New Mexico Statutes|Chapter 67 - Highways|Article 4 - County Highways in General|Section 67-4-20 - Local county roads; assessment for maintenance; lien.

A. Any board of county commissioners may adopt a resolution determining that any streets totally within a subdivided area approved by the county commission, outside the corporate limits of any municipality, and which the board determines to have such a prospective population density as to require extraordinary street maintenance shall be maintained in part at the expense of the owner of any property which abuts upon the streets. The resolution shall only be adopted after a public hearing, notice of which has been advertised in a newspaper of general circulation within the county for two consecutive weeks, the first such advertisement being at least ten days prior to the date of hearing. In the resolution, the board of county commissioners shall determine: (1) the expense of maintaining the streets; (2) the proportion of the expense to be borne by the property which abuts the streets; (3) the charge to be assessed against each lineal foot of frontage of the abutting property which shall not exceed one-half of the average cost per lineal foot of county road maintenance for the prior fiscal year nor be less than one dollar ($1.00) for each assessment billing; and (4) the assessment, on an equitable basis, of each parcel or tract within the subdivided area according to its proportionate share of the expense of maintaining the streets. As used in this paragraph, "equitable basis" includes an assessment based on a front-foot, improved or unimproved property, zone or area basis or an assessed valuation basis where each tract or parcel bears the same percentage of total costs as the percentage that the tract's or parcel's assessed value bears to the total assessed value of the property included in the improvement district. B. The assessment for the expense of maintaining the streets shall be billed and collected by the county treasurer at the same time as the property taxes and shall become delinquent thirty days after the date of billing. All delinquent assessments shall be a lien against the tract or parcel of property abutting the street, and the lien shall be enforced as provided in Section 67-4-21 NMSA 1978. C. As used in this section, the term "streets" shall include both improved and unimproved streets, roads, thoroughfares, curbs, divider strips and median strips or any combination of the foregoing. History: 1953 Comp., § 55-3-24, enacted by Laws 1969, ch. 167, § 1; 1975, ch. 125, § 1; 2001, ch. 342, § 2. ANNOTATIONSThe 2001 amendment, effective June 15, 2001, in Paragraph A(4), substituted "on an equitable basis, of each parcel or tract within the subdivided area" for "according to its frontage, of each tract, lot or parcel of abutting property", and added the current last sentence; and in Subsection B, substituted "67-4-21 NMSA 1978" for "55-3-25 NMSA 1953". Am. Jur. 2d, A.L.R. and C.J.S. references. — 56 Am. Jur. 2d Municipal Corporations, Counties and Other Political Subdivisions § 581. 20 C.J.S. Counties § 233.
NM Stat § 67-4-21 (2021)
2021 New Mexico Statutes|Chapter 67 - Highways|Article 4 - County Highways in General|Section 67-4-21 - County lien; filing; contents; interest.

A. The county treasurer shall file in the office of the county clerk a notice of lien covering each delinquent assessment for street maintenance. The notice of lien shall include: (1) the fact that a lien for a street maintenance assessment is established; (2) the name and address of the owner of the property against which the lien is established as determined from the records of the county assessor; (3) a description of the property against which the lien is established; (4) the amount of the lien; and (5) if the lien is for more than one assessment, the dates for which the lien is established. B. All assessment liens may be included in the same notice of lien and it shall not be necessary to file separate liens against the separate properties. The lien shall be attested in the name of the county treasurer under the seal of the county. C. The principal amount of any lien imposed for a street maintenance assessment shall bear interest at the same rate as delinquent property taxes and shall be collected at the same time as the property taxes. History: 1953 Comp., § 55-3-25, enacted by Laws 1969, ch. 167, § 2; 1975, ch. 125, § 2.
NM Stat § 67-4-22 (2021)
2021 New Mexico Statutes|Chapter 67 - Highways|Article 4 - County Highways in General|Section 67-4-22 - Effect of filing notice of lien.

After the filing of the notice of the lien in the office of the county clerk, the county shall have a lien upon the property described in the notice of lien. The filing of the notice of the lien shall be notice to all the world of the existence of the lien and of the contents of the notice of lien. History: 1953 Comp., § 55-3-26, enacted by Laws 1969, ch. 167, § 3. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 56 Am. Jur. 2d Municipal Corporations, Counties and Other Political Subdivisions § 515.
NM Stat § 67-4-23 (2021)
2021 New Mexico Statutes|Chapter 67 - Highways|Article 4 - County Highways in General|Section 67-4-23 - Manner of releasing lien.

The county treasurer may release a lien against any specific property by: A. entering and signing a receipt of payment upon the notice of lien filed in the office of the county clerk; or B. issuing a separate receipt which recites that payment of the lien, with any accrued interest and penalty, has been made. History: 1953 Comp., § 55-3-27, enacted by Laws 1969, ch. 167, § 4.
NM Stat § 67-4-24 (2021)
2021 New Mexico Statutes|Chapter 67 - Highways|Article 4 - County Highways in General|Section 67-4-24 - County lien; foreclosure; joinder of defendants; complaint; several judgment; lien recitals as prima facie evidence; attorney fee.

A. The county may, in a single suit, foreclose the liens against all of the persons named in a notice of liens or against the property if the owners are unknown. The complaint filed by the county shall: (1) expressly state the name and address of each defendant, if known; (2) describe the property against which the lien is established; and (3) set forth the amount of the lien and the date from which any interest has accrued. B. The judgment or decree rendered in said cause shall be several against the named defendants and against the several properties for the amounts decreed to be due by each. Liens shall be foreclosed in the same manner that mortgages or other liens against real estate are foreclosed, with like rights of redemption. At the trial foreclosing the lien, the recitals of the liens or the notices of lien shall be received in evidence as prima facie true. In any foreclosure of a lien for street maintenance assessments under this act [67-4-20 to 67-4-24 NMSA 1978], a reasonable attorney's fee shall be taxed by the court as part of the costs. History: 1953 Comp., § 55-3-28, enacted by Laws 1969, ch. 167, § 5.
NM Stat § 67-5-2 (2021)
2021 New Mexico Statutes|Chapter 67 - Highways|Article 5 - Vacation, Alteration and Establishment of County Roads and Bridges|Section 67-5-2 - [Width of public highways.]

All public highways laid out in this state shall be sixty feet in width unless otherwise ordered by the board of county commissioners. History: Laws 1905, ch. 124, § 18; Code 1915, § 2670; C.S. 1929, § 64-719; 1941 Comp., § 58-402; 1953 Comp., § 55-4-2. ANNOTATIONSRoad established by use, not by statutory authority. — This section does not apply to a road that was a public thoroughfare long before it was officially established as a state road. State of N.M. ex. rel King v. UU Bar Ranch Ltd. P'ship Ltd., 2009-NMSC-010, 145 N.M. 769, 205 P.3d 816, aff'g in part, 2005-NMCA-079, 137 N.M. 719, 114 P.3d 399. Highway established via prescriptive use. — The width requirement of this section should not be applied where the highway was established by means of prescriptive use. State ex rel. Baxter v. Egolf, 1988-NMCA-047, 107 N.M. 315, 757 P.2d 371. Roads established by use are not "laid out" as required by this section. The applicability of this section is dependent upon the laying out of a road by a governmental entity authorized to do so. Quintana v. Knowles, 1993-NMCA-022, 115 N.M. 360, 851 P.2d 482, cert. denied, 115 N.M. 359, 851 P.2d 481. Am. Jur. 2d, A.L.R. and C.J.S. references. — Width and boundaries of public highway acquired by prescription or adverse user, 76 A.L.R.2d 535.
NM Stat § 67-5-3 (2021)
2021 New Mexico Statutes|Chapter 67 - Highways|Article 5 - Vacation, Alteration and Establishment of County Roads and Bridges|Section 67-5-3 - Repealed.

ANNOTATIONSRepeals. — Laws 1991, ch. 249, § 1 repeals 67-5-3 NMSA 1978, as enacted by Laws 1891, ch. 89, § 3, relating to method of changing or discontinuing county or public road, effective June 14, 1991.
NM Stat § 67-5-5 (2021)
2021 New Mexico Statutes|Chapter 67 - Highways|Article 5 - Vacation, Alteration and Establishment of County Roads and Bridges|Section 67-5-5 - [Alteration or establishment; petition; contents.]

The board of county commissioners may alter, widen or change any established road or lay out any new road in their respective counties, when petitioned by ten freeholders residing within two miles of the road sought to be altered, widened, changed or laid out. Said petition shall set forth a description of the road sought to be altered, widened or changed and if the petition be for a new road it shall set forth the points where it is to terminate. History: Laws 1905, ch. 124, § 4; Code 1915, § 2656; C.S. 1929, § 64-705; 1941 Comp., § 58-405; 1953 Comp., § 55-4-5. ANNOTATIONSPetition for proposed road. — A petition is not bad because it sets forth a detailed and specific description of the route of the proposed road, when it should set forth the termini only. Michelet v. Board of Comm'rs, 1915-NMSC-078, 21 N.M. 95, 152 P. 1140. Provisions for acquiring land not repealed. — Laws 1912, ch. 54 (now repealed) granting to the county road boards general powers over public roads did not repeal this statute (Laws 1905, ch. 124), empowering boards of county commissioners to acquire by purchase or condemnation, land for use as a public road. State ex rel. Cnty. Comm'rs v. Romero, 1914-NMSC-023, 19 N.M. 1, 140 P. 1069. Inclusion of new with old road in petition. — Even though a proposed new road follows an existing road part of the way, as long as it is continuous, it may be considered and included in the same petition. 1944 Op. Att'y Gen. No. 44-4553. Vesting of fee when steps provided not taken. — Even though the steps provided herein were never taken, since the road was used for over half a century and was declared a state highway by legislative act, the fee therein had vested in the state for highway purposes. 1945 Op. Att'y Gen. No. 45-4641. Am. Jur. 2d, A.L.R. and C.J.S. references. — 39 Am. Jur. 2d Highways, Streets and Bridges §§ 130 to 137. 39A C.J.S. Highways §§ 96 to 112.
NM Stat § 67-5-6 (2021)
2021 New Mexico Statutes|Chapter 67 - Highways|Article 5 - Vacation, Alteration and Establishment of County Roads and Bridges|Section 67-5-6 - Establish rights-of-way.

The board of county commissioners, in their respective counties, may establish township and section lines as rights-of-way of not less than thirty feet in width for the purpose of constructing gas lines or drainage ditches when petitioned by ten freeholders residing within five miles of any proposed right-of-way; provided that each petition shall apply to rights-of-way not exceeding two (2) miles in length. History: 1953 Comp., § 55-4-5.1, enacted by Laws 1965, ch. 200, § 1. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 39A C.J.S. Highways § 136.