reglab/housing_qa huggingface dataset:
NM Stat § 67-5-7 (2021)
2021 New Mexico Statutes|Chapter 67 - Highways|Article 5 - Vacation, Alteration and Establishment of County Roads and Bridges|Section 67-5-7 - [Petitioners' deposit or bond covering viewing expense.]

The petitioners shall deposit with the county clerk of the county in which any road is sought to be altered, widened, changed or laid out and established, a sufficient sum of money, which shall be fixed by the board of county commissioners, to defray the expense of viewing the proposed road, which sum shall be paid into the county road fund in case the prayer of the petitioner is refused, but if the board of county commissioners alter, widen, change or lay out such road, then such sum shall be returned to the person or persons depositing the same. The petitioners in lieu of such deposit may file with the county clerk aforesaid, a good and sufficient bond conditioned for the payment of the expenses of viewing such road should the prayer of the petitioner be refused. History: Laws 1905, ch. 124, § 5; Code 1915, § 2657; C.S. 1929, § 64-706; 1941 Comp., § 58-406; 1953 Comp., § 55-4-6.
NM Stat § 67-5-8 (2021)
2021 New Mexico Statutes|Chapter 67 - Highways|Article 5 - Vacation, Alteration and Establishment of County Roads and Bridges|Section 67-5-8 - [Proposed county-line roads; petitions; viewers; opening and maintaining.]

If any proposed highway be on the county line between two counties, the board of county commissioners of each county interested shall be petitioned, and each of such boards shall appoint three viewers, qualified as in other cases, who, or a majority of whom, shall meet at a time and place named by the board of county commissioners first interested and proceed to view and mark out the road, and report to the board of county commissioners of both counties, as in other cases, and the concurrence of the county commissioners of both such counties shall be necessary to establish it. And, if any such road be established, each of such counties shall open and maintain a definite part thereof, which the board of county commissioners of such counties shall apportion by mutual agreement between the two counties, and if the board of county commissioners cannot agree upon their apportionment, they may refer the matter to three disinterested freeholders as arbitrators, whose duty it shall be to apportion the same and report thereon to the boards of county commissioners of both counties. History: Laws 1905, ch. 124, § 6; Code 1915, § 2658; C.S. 1929, § 64-707; 1941 Comp., § 58-407; 1953 Comp., § 55-4-7. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 39 Am. Jur. 2d Highways, Streets and Bridges §§ 35, 39, 49. 39A C.J.S. Highways § 101.
NM Stat § 67-5-9 (2021)
2021 New Mexico Statutes|Chapter 67 - Highways|Article 5 - Vacation, Alteration and Establishment of County Roads and Bridges|Section 67-5-9 - [Viewers for proposed alteration or establishment; appointment; notice of time and place for viewing; posting.]

It shall be the duty of the board of county commissioners of any county in the state at their next meeting, after a petition as required in Section 67-5-5 NMSA 1978 is received, to appoint a board of commissioners of three freeholders of the county to view and mark out the road prayed for in the petition, and to fix a time for such view and to cause notices to be posted in three of the most public places, along the new proposed road, at least five days previous to the day fixed for the view thereof, giving parties in interest notice that at the time fixed by the board of county commissioners the viewers so appointed will meet at the point designated in the petition as the starting point of such road, to attend to their duties as viewers. History: Laws 1905, ch. 124, § 7; Code 1915, § 2659; C.S. 1929, § 64-708; 1941 Comp., § 58-408; 1953 Comp., § 55-4-8. ANNOTATIONSCross references. — For publication in lieu of posting, see 14-11-12 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — 39 Am. Jur. 2d Highways, Streets and Bridges § 146. 39A C.J.S. Highways § 106.
NM Stat § 67-5-10 (2021)
2021 New Mexico Statutes|Chapter 67 - Highways|Article 5 - Vacation, Alteration and Establishment of County Roads and Bridges|Section 67-5-10 - [Warrants to viewers; contents.]

The county clerk shall issue a warrant directed to the viewers appointed, setting forth their appointment, and requiring them to meet at the time and place named by the board of county commissioners, and to proceed to view and mark out such road and to assess the damages and benefits accruing to the owner or owners of any of the lands over which the same may pass, by reason of the alteration, changing, widening or location thereof, and the proper cost of opening such road for travel. History: Laws 1905, ch. 124, § 8; Code 1915, § 2660; C.S. 1929, § 64-709; 1941 Comp., § 58-409; 1953 Comp., § 55-4-9.
NM Stat § 67-5-11 (2021)
2021 New Mexico Statutes|Chapter 67 - Highways|Article 5 - Vacation, Alteration and Establishment of County Roads and Bridges|Section 67-5-11 - [Service of warrants; return; refusal of viewer to serve; forfeiture.]

The sheriff of the proper county shall serve the warrant mentioned in the preceding section [67-5-10 NMSA 1978] by delivering a copy to each of the viewers named therein, and the original shall be returned to the county clerk with his endorsement of service made thereon. Any person appointed road viewer and duly served with a warrant, who shall willfully neglect or refuse to act, shall forfeit the sum of twenty-five dollars ($25) to the county. History: Laws 1905, ch. 124, § 9; Code 1915, § 2661; C.S. 1929, § 64-710; 1941 Comp., § 58-410; 1953 Comp., § 55-4-10. ANNOTATIONSCompiler'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."
NM Stat § 67-5-12 (2021)
2021 New Mexico Statutes|Chapter 67 - Highways|Article 5 - Vacation, Alteration and Establishment of County Roads and Bridges|Section 67-5-12 - Laying out road; assessment for damages; survey.

The viewers shall meet at the time and place specified in the warrant and commence at the place designated in the petition as the starting point of the road sought to be altered, widened, changed or laid out and established. The viewers shall proceed to view and mark out the road by setting stakes, blazing trees, turning a furrow or other appropriate monuments to the terminus named in the petition by the most practicable and convenient route that they in their judgment can find. They shall assess the benefits and damages accruing to all persons by reason of the alteration, widening, changing or laying out of the road and award to any person damages in excess of the benefits accruing to the person a sum equal to such excess. If the viewers or a majority of them are of the opinion that the road should be altered, widened, changed or laid out and established, they shall cause a survey and plat of the road to be made by a licensed professional surveyor or other competent person giving the courses and distances and specifying the land over which the road extends. History: Laws 1905, ch. 124, § 10; Code 1915, § 2662; C.S. 1929, § 64-711; 1941 Comp., § 58-411; 1953 Comp., § 55-4-11; 2011, ch. 56, § 28. ANNOTATIONSThe 2011 amendment, effective December 31, 2012, required that a licensed professional surveyor survey roads that are to be altered, widened, changed or laid out. In fixing definite line of highway, the viewers, under the provisions of this section, may lay out the same by the most practical and convenient route that they in their judgment can find. This discretion is not taken away or limited by the fact that the petition describes a definite and particular line, nor does such description render the petition void. Michelet v. Board of Comm'rs, 1915-NMSC-078, 21 N.M. 95, 152 P. 1140. Am. Jur. 2d, A.L.R. and C.J.S. references. — 39 Am. Jur. 2d Highways, Streets and Bridges § 146. 39A C.J.S. Highways § 106.
NM Stat § 67-5-13 (2021)
2021 New Mexico Statutes|Chapter 67 - Highways|Article 5 - Vacation, Alteration and Establishment of County Roads and Bridges|Section 67-5-13 - [Replacing road viewers.]

If any viewer duly appointed and served with warrant refuses to act or is disqualified or does not appear, the other two viewers may fill such vacancy, or if but one of the viewers appears who is qualified and consents to act, he shall appoint two others who shall be freeholders to assist him and they shall proceed to view such road. History: Laws 1905, ch. 124, § 11; Code 1915, § 2663; C.S. 1929, § 64-712; 1941 Comp., § 58-412; 1953 Comp., § 55-4-12.
NM Stat § 67-5-14 (2021)
2021 New Mexico Statutes|Chapter 67 - Highways|Article 5 - Vacation, Alteration and Establishment of County Roads and Bridges|Section 67-5-14 - [Report of viewers; contents; compensation.]

The viewers shall file a report of the view in the office of the county clerk of the county in which such view was made, ten days before the next regular meeting of the board of county commissioners held after the same is completed, which shall be signed by a majority of the viewers and shall contain a full statement of their proceedings, a description of the land over which such road extends, an estimate of the cost of opening it for travel, an assessment of the damages and benefits accruing to any person or persons by reason of the alteration, widening, changing or laying out of such road and the sum awarded any person or persons for damages in excess of the benefits assessed to him or them, and if such road be practicable, and the establishment of it be recommended by them. To this report the viewers shall annex the plat, survey and report of the surveyor. For their services the viewers shall receive a warrant on the county treasurer for a sum to be fixed by the county commissioners, not exceeding five dollars [($5.00)] per day. History: Laws 1905, ch. 124, § 12; Code 1915, § 2664; C.S. 1929, § 64-713; 1941 Comp., § 58-413; 1953 Comp., § 55-4-13. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 39A C.J.S. Highways § 63.
NM Stat § 67-5-15 (2021)
2021 New Mexico Statutes|Chapter 67 - Highways|Article 5 - Vacation, Alteration and Establishment of County Roads and Bridges|Section 67-5-15 - [Consideration of viewer's report by county commissioners; additional data.]

The board of county commissioners at their next regular meeting, after the filing of such report, shall proceed to consider the same and all objections that there may be made thereto, and they shall determine whether or not such road shall be established and opened for travel. And they may refer the matter of viewing to the same or other viewers with instructions to report in like manner, as herein required, or specially upon some particular matter. History: Laws 1905, ch. 124, § 13; Code 1915, § 2665; C.S. 1929, § 64-714; 1941 Comp., § 58-414; 1953 Comp., § 55-4-14. ANNOTATIONSLegislative intent. — By considering this section, 67-5-17 and 67-5-18 NMSA 1978, it will be found that the evident intent of the legislature was only to provide for the actual payment of the damages before a taking of the condemned property. Michelet v. Board of Comm'rs, 1915-NMSC-078, 21 N.M. 95, 152 P. 1140. Report of viewers is properly considered by the board of county commissioners at its next regular session after such report is filed with the clerk of such board. Michelet v. Board of Comm'rs, 1915-NMSC-078, 21 N.M. 95, 152 P. 1140. Authority of board to alter award. — Boards of county commissioners are without authority to alter award made by viewers in proceeding to lay out a road, except where the property owner is dissatisfied with the award. State ex rel. Sisney v. Board of Comm'rs, 1921-NMSC-054, 27 N.M. 228, 199 P. 359. Remedy to review alteration of award. — Since there is no appeal provided from action of a board of county commissioners in altering an award made by viewers in proceeding to lay out road, the proper remedy to review such action is by certiorari. State ex rel. Sisney v. Board of Comm'rs, 1921-NMSC-054, 27 N.M. 228, 199 P. 359. Am. Jur. 2d, A.L.R. and C.J.S. references. — 39A C.J.S. Highways §§ 62, 63.
NM Stat § 67-5-16 (2021)
2021 New Mexico Statutes|Chapter 67 - Highways|Article 5 - Vacation, Alteration and Establishment of County Roads and Bridges|Section 67-5-16 - [Approval of road opening; recording viewers' report.]

If the board of county commissioners determine [determines] to open any such road, they shall cause the full and final report of the viewers including the plat and report of the surveyor to be recorded in the office of the county clerk and recorded, in a book kept for that purpose. History: Laws 1905, ch. 124, § 14; Code 1915, § 2666; C.S. 1929, § 64-715; 1941 Comp., § 58-415; 1953 Comp., § 55-4-15. 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. Am. Jur. 2d, A.L.R. and C.J.S. references. — 39A C.J.S. Highways §§ 62, 63.
NM Stat § 67-5-17 (2021)
2021 New Mexico Statutes|Chapter 67 - Highways|Article 5 - Vacation, Alteration and Establishment of County Roads and Bridges|Section 67-5-17 - [Notice of road opening; prerequisites; posting.]

The board of county commissioners having considered the report of any road review, and the compensation to which any person or persons damaged having been ascertained and paid to the owner or owners or into court for him or them, may order the road to be open for travel and declared a public highway. And if they do so, or order, they shall cause notices to be posted at three public places along the line of such road, giving all parties notice that they have or will direct their proper officers to open and work the same from and after sixty days from the date of such notice: provided, no such road shall be ordered opened through fields of growing crops or along a line where growing crops would thereby be exposed to stock until the owner or owners of such crops shall have sufficient time to harvest and take care of the same. History: Laws 1905, ch. 124, § 15; Code 1915, § 2667; C.S. 1929, § 64-716; 1941 Comp., § 58-416; 1953 Comp., § 55-4-16. ANNOTATIONSRemedy to review alteration of award. — There is no appeal provided for action of a board of county commissioners in altering an award made by viewers in proceeding to lay out a road. The proper remedy to review quasi-judicial action by board of county commissioners is by certiorari. State ex rel. Sisney v. Board of Comm'rs, 1921-NMSC-054, 27 N.M. 228, 199 P. 359. Requirements for payment or tender of damages. — This section only requires the payment or tender of the damages awarded prior to the actual taking of the property required. Michelet v. Board of Comm'rs, 1915-NMSC-078, 21 N.M. 95, 152 P. 1140. Am. Jur. 2d, A.L.R. and C.J.S. references. — 39A C.J.S. Highways §§ 43, 46.
NM Stat § 67-5-18 (2021)
2021 New Mexico Statutes|Chapter 67 - Highways|Article 5 - Vacation, Alteration and Establishment of County Roads and Bridges|Section 67-5-18 - [Damages exceeding benefits; persons under disability.]

If the damages assessed to any person or persons by reason of the alteration, widening, changing or laying out of any road, shall exceed the benefits, the excess shall be paid to such person or persons by warrant on the county treasurer for the amount. If any person or persons to whom damages are awarded, be under disability or cannot be found, the same shall be set apart to such person or persons in the county treasury. History: Laws 1905, ch. 124, § 16; Code 1915, § 2668; C.S. 1929, § 64-717; 1941 Comp., § 58-417; 1953 Comp., § 55-4-17. ANNOTATIONSCross references. — For notes on damages, see notes to 67-5-15 NMSA 1978. Provisions regarding payment not repealed by implication. — Although Laws 1912, ch. 54 (now repealed) created a county road board which was vested with general control of roads and with the power to draw its warrants directly against the county road fund, it did not repeal by implication this statute (Laws 1905, ch. 124), which empowers the board of county commissioners to draw warrants against such fund to pay for land acquired for use as a public road by eminent domain. State ex rel. Cnty. Comm'rs v. Romero, 1914-NMSC-023, 19 N.M. 1, 140 P. 1069. Am. Jur. 2d, A.L.R. and C.J.S. references. — 39 Am. Jur. 2d Highways, Streets and Bridges §§ 270, 271. 39A C.J.S. Highways § 70.
NM Stat § 67-5-19 (2021)
2021 New Mexico Statutes|Chapter 67 - Highways|Article 5 - Vacation, Alteration and Establishment of County Roads and Bridges|Section 67-5-19 - [Determination of damages on appeal to district court.]

If any person or persons be of the opinion that the damages awarded him or them by the viewers are inadequate and insufficient, the board of county commissioners may agree with such person or persons upon the measure of the same, and should they fail to so agree such person or persons may appeal from the decision of the viewers to the district court of the county and evidence shall be taken before the court or a referee as in other cases and the court shall determine the amount of damages and render judgment accordingly. History: Laws 1905, ch. 124, § 17; Code 1915, § 2669; C.S. 1929, § 64-718; 1941 Comp., § 58-418; 1953 Comp., § 55-4-18. ANNOTATIONSCross references. — For procedures governing administrative appeals to the district court, see Rule 1-074 NMRA. Compiler's notes. — For scope of review of the district court, see Zamora v. Village of Ruidoso Downs, 120 N.M. 778, 907 P.2d 182 (1995). Remedy to review alteration of award. — There is no appeal provided from action of a board of county commissioners in altering an award made by viewers in proceeding to lay out a road. The proper remedy to review quasi-judicial action by board of county commissioners is by certiorari. State ex rel. Sisney v. Board of Comm'rs, 1921-NMSC-054, 27 N.M. 228, 199 P. 359. Appeal and effect of irregularities in assessing damages and benefits. — Since this section allows an appeal to the district court in the matter of assessment of damages, and a review of that question before the court, the opening of a highway cannot be enjoined on ground of irregularities in action of viewers in assessing damages and benefits. Michelet v. Board of Comm'rs, 1915-NMSC-078, 21 N.M. 95, 152 P. 1140. Am. Jur. 2d, A.L.R. and C.J.S. references. — 39 Am. Jur. 2d Highways, Streets and Bridges §§ 270, 271. 39A C.J.S. Highways § 80.
NM Stat § 67-5-20 (2021)
2021 New Mexico Statutes|Chapter 67 - Highways|Article 5 - Vacation, Alteration and Establishment of County Roads and Bridges|Section 67-5-20 - [Establishment on petition of all owners.]

Whenever a petition shall be presented to the board of county commissioners of any county of this state praying for a public highway, and the names of all the owners of all the land through which said road is to be laid out, shall be signed by the owners thereof to said petition, giving the right-of-way through the land, and accompanied by a plat of the road, it shall be the duty of the board of county commissioners, if in their opinion, the public good requires it, to declare the same a public highway, and thereupon a plat shall be filed and recorded and the said road shall become a public highway from and after that date. History: Laws 1905, ch. 124, § 19; Code 1915, § 2671; C.S. 1929, § 64-720; 1941 Comp., § 58-419; 1953 Comp., § 55-4-19. ANNOTATIONSSubdivision Act requires formal county acceptance to obligate the county for road maintenance and such acceptance cannot be satisfied through the common law doctrines of prescriptive acquisition or implied dedication. McGarry v. Scott, 2003-NMSC-016, 134 N.M. 32, 72 P.3d 608.
NM Stat § 67-5-21 (2021)
2021 New Mexico Statutes|Chapter 67 - Highways|Article 5 - Vacation, Alteration and Establishment of County Roads and Bridges|Section 67-5-21 - [Private roads; procedure for establishment.]

The matter of laying out any private wagon road from the dwelling of any person to any public road and of condemning the lands necessary therefor shall be the same as hereinbefore provided, excepting that the viewers of the same shall only receive compensation for one day's service, and mileage to and from their respective residence; and the petition in such cases need only be signed by such person, and the expense of viewing and surveying such road and the damages that may accrue, to any person by reason of laying out the same, and the expense of opening such road shall be paid by such petitioner. History: Laws 1905, ch. 124, § 20; Code 1915, § 2672; C.S. 1929, § 64-721; 1941 Comp., § 58-420; 1953 Comp., § 55-4-20. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 39 Am. Jur. 2d Highways, Streets and Bridges § 48. 39A C.J.S. Highways § 1.
NM Stat § 67-6-1 (2021)
2021 New Mexico Statutes|Chapter 67 - Highways|Article 6 - County Highways and Bridge Bonds|Section 67-6-1 - [Bond issue by county commissioners; limitation.]

Subject to the provisions of this article the boards of county commissioners of the several counties in this state are hereby authorized to issue bonds for the construction and repair of roads and bridges within the limits of their respective counties to an amount, which including the existing indebtedness of said counties, shall not exceed four per centum on the value of the taxable property within any such county, as shown by the last preceding assessment for state and county taxes. History: Laws 1912, ch. 79, § 1; Code 1915, § 2683; C.S. 1929, § 64-901; 1941 Comp., § 58-501; 1953 Comp., § 55-5-1. ANNOTATIONSMeaning of "this article". — The term "this article," inserted by the 1915 Code compilers, refers to Laws 1915, ch. 52, art. VI, §§ 2683 to 2689, the provisions of which are presently compiled as 67-6-1 to 67-6-7 NMSA 1978. County highway bonds issued to match federal fund for repair of roads not classified as county roads. — 1974 Op. Att'y Gen. No. 74-27. Am. Jur. 2d, A.L.R. and C.J.S. references. — 64 Am. Jur. 2d Public Securities and Obligations §§ 500 to 505.
NM Stat § 67-6-2 (2021)
2021 New Mexico Statutes|Chapter 67 - Highways|Article 6 - County Highways and Bridge Bonds|Section 67-6-2 - [Aggregate amount; denominations; interest; date of maturity; prior redemption.]

Said bonds may be issued in the aggregate amount to be determined by the board of county commissioners, and in denominations of one hundred dollars [($100)] each or some multiple thereof, and shall bear interest at a rate not exceeding five per centum per annum, payable semiannually, and shall become due within a period of not exceeding thirty years, but same may be made redeemable prior to their date of maturity as may be provided by order of the said board of county commissioners. History: Laws 1912, ch. 79, § 2; Code 1915, § 2684; C.S. 1929, § 64-902; 1941 Comp., § 58-502; 1953 Comp., § 55-5-2. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 64 Am. Jur. 2d Public Securities and Obligations § 194.