reglab/housing_qa huggingface dataset:
NM Stat § 67-7-11 (2021)
2021 New Mexico Statutes|Chapter 67 - Highways|Article 7 - Obstructions and Injuries to Highways|Section 67-7-11 - [Arrest for violation; seizure of vehicle; fee.]

Sheriffs, deputy sheriffs, constables, marshals, police officers and all peace officers shall have power to arrest any person violating any provision of this act [67-7-10, 67-7-11 NMSA 1978] on view or upon warrant issued by any justice of the peace [magistrate court] or magistrate. Such officers are also authorized and directed to take into custody any vehicle involved in the violation of any provision of this act and hold the same until all fees, fines, costs and damages therefor shall be paid; provided that the owner or person in control of such vehicle may secure its release by furnishing a good and sufficient bond as required by the officer or magistrate before whom the case is prosecuted. The fee for making the arrest of any person violating any provision of this act shall upon conviction of the person or persons arrested be assessed as part of the costs and paid to the officer making such arrest, but shall not exceed one ($1.00) dollar in any case. History: Laws 1921, ch. 94, § 11; 1927, ch. 82, § 1; C.S. 1929, § 11-711; 1941 Comp., § 58-612; 1953 Comp., § 55-6-12. ANNOTATIONSCross references. — For damages for using vehicle of excessive load or size, see 67-7-10 NMSA 1978. For damages for unlawful injuring of signs, see 67-7-10 NMSA 1978. For placing injurious substance on highways, see 66-7-364 NMSA 1978. Bracketed material. — The office of justice of the peace has been abolished, and the jurisdiction, powers and duties have been transferred to the magistrate court. See 35-1-38 NMSA 1978. The bracketed material was inserted by the compiler; it was not enacted by the legislature and is not a part of the law. "On view" means in presence of officer. Cave v. Cooley, 1944-NMSC-050, 48 N.M. 478, 152 P.2d 886. Jury instructions for wrongful arrest damages. — No error was committed in instructing the jury that they could award damages to the complainant in an action for false arrest if, and only if, they believed from a preponderance of the evidence that it did not reasonably appear to the defendant, state policeman, that complainant was violating the state traffic laws or that he did not act as an ordinarily reasonable and prudent man would under the circumstances. Cave v. Cooley, 1944-NMSC-050, 48 N.M. 478, 152 P.2d 886. Am. Jur. 2d, A.L.R. and C.J.S. references. — 40 Am. Jur. 2d Highways, Streets and Bridges § 609. 40 C.J.S. Highways §§ 231, 248.
NM Stat § 67-8-1 (2021)
2021 New Mexico Statutes|Chapter 67 - Highways|Article 8 - Miscellaneous Provisions|Section 67-8-1 - [Danger signals or lights for roads or bridges under construction.]

Hereafter any person, firm, association, copartnership, contractor or corporation engaged in the alteration, repair or construction of any bridge, road or public highway in this state shall maintain at all times proper danger signals, or lights, posted conspicuously at or near the place where such work, alteration, repair or construction is being done. History: Laws 1923, ch. 34, § 1; C.S. 1929, § 64-1401; 1941 Comp., § 58-701; 1953 Comp., § 55-7-1. ANNOTATIONSCommission not within scope of section. — State highway commission (now state transportation commission) is not a "firm, association, copartnership, contractor or corporation," within the meaning of this section. Rapp v. N.M. State Highway Dep't, 1975-NMCA-004, 87 N.M. 177, 531 P.2d 225. Am. Jur. 2d, A.L.R. and C.J.S. references. — 40 Am. Jur. 2d Highways, Streets and Bridges §§ 556, 557, 568. Contractor's duty to maintain barriers, 7 A.L.R. 1203, 104 A.L.R. 955. Duty to make highway safe for children by providing proper barriers, 36 A.L.R. 309. Duty as regards barriers for protection of automobile travel, 86 A.L.R. 1389, 173 A.L.R. 626. Liability for automobile colliding with temporary obstruction in connection with alteration or repair of street as affected by insufficiency of warning of danger, 100 A.L.R. 1389. Duty of highway construction contractor to provide temporary way or detour around obstruction, 29 A.L.R.2d 876. 40 C.J.S. Highways §§ 263, 264.
NM Stat § 67-8-2 (2021)
2021 New Mexico Statutes|Chapter 67 - Highways|Article 8 - Miscellaneous Provisions|Section 67-8-2 - [Failure to install warnings; penalty.]

Any person found guilty of violating the provisions of this act [67-8-1, 67-8-2 NMSA 1978] shall be fined in a sum not less than $50.00, and shall be liable for the damages sustained to any person injured by reason of the failure to comply with the provisions of this act. History: Laws 1923, ch. 34, § 2; C.S. 1929, § 64-1402; 1941 Comp., § 58-702; 1953 Comp., § 55-7-2. ANNOTATIONSState highway department (now departmentment of transportation) is not a "person" within the meaning of this section. Rapp v. New Mexico State Hwy. Dep't, 1975-NMCA-004, 87 N.M. 177, 531 P.2d 225. Am. Jur. 2d, A.L.R. and C.J.S. references. — 39 Am. Jur. 2d Highways, Streets and Bridges §§ 88, 100. Highways: governmental duty to provide curve warnings or markings, 57 A.L.R.4th 342. 40 C.J.S. Highways § 248.
NM Stat § 67-8-3 (2021)
2021 New Mexico Statutes|Chapter 67 - Highways|Article 8 - Miscellaneous Provisions|Section 67-8-3 - [Fencing of roads on public lands; cost.]

Where any public road in this state passes over the public lands it shall be lawful for the board of county commissioners to permit the sides of such road to be fenced whenever a majority of the legal voters of the precinct through which said public road passes so desire: provided, however, that said fencing shall not be at the expense of the county in which the road is located. History: Laws 1903, ch. 58, § 3; Code 1915, § 2629; C.S. 1929, § 64-104; 1941 Comp., § 58-703; 1953 Comp., § 55-7-3. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 39 Am. Jur. 2d Highways, Streets and Bridges § 530.
NM Stat § 67-8-4 (2021)
2021 New Mexico Statutes|Chapter 67 - Highways|Article 8 - Miscellaneous Provisions|Section 67-8-4 - [Direction signboards at road intersections; duty of county commissioners.]

It shall be the duty of the board of county commissioners of each county in this state to cause to be placed conspicuously and permanently at the forks of all public and main-traveled roads in their respective counties, and at all such roads crossing or leading away from such public and main-traveled road, metal index boards attached to metal posts; such metal index boards shall have printed thereon in letters of sufficient size to be easily read by travelers, with directions plainly marked thereon designating the most noted places to which each of such roads leads. History: Laws 1912, ch. 30, § 1; Code 1915, § 2703; C.S. 1929, § 64-1501; 1941 Comp., § 58-704; 1953 Comp., § 55-7-4. ANNOTATIONSIt is duty of the county commissioners to provide and place signboards on public highways, which are to be paid for out of the county road fund on order of the county road board. 1912 Op. Att'y Gen. No. 12-945. Am. Jur. 2d, A.L.R. and C.J.S. references. — 39 Am. Jur. 2d Highways, Streets and Bridges §§ 195, 207.
NM Stat § 67-8-5 (2021)
2021 New Mexico Statutes|Chapter 67 - Highways|Article 8 - Miscellaneous Provisions|Section 67-8-5 - [Replacement of direction signs.]

When an index board shall be removed or defaced the commissioners shall cause same to be immediately replaced. History: Laws 1912, ch. 30, § 2; Code 1915, § 2704; C.S. 1929, § 64-1502; 1941 Comp., § 58-705; 1953 Comp., § 55-7-5.
NM Stat § 67-8-6 (2021)
2021 New Mexico Statutes|Chapter 67 - Highways|Article 8 - Miscellaneous Provisions|Section 67-8-6 - [Payment of direction sign expenses.]

The expenses of erecting and replacing such index boards shall be paid out of the road fund. History: Laws 1912, ch. 30, § 3; Code 1915, § 2705; C.S. 1929, § 64-1503; 1941 Comp., § 58-706; 1953 Comp., § 55-7-6. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 39A C.J.S. Highways § 157.
NM Stat § 67-8-7 (2021)
2021 New Mexico Statutes|Chapter 67 - Highways|Article 8 - Miscellaneous Provisions|Section 67-8-7 - [Defacing, disfiguring or destroying direction signs; penalty.]

It shall be unlawful to deface, disfigure, destroy or otherwise in any manner interfere with any such index board, whether same be placed by public authority or by any citizen of the state. Any person violating any of the provisions of this section shall be guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not less than five dollars [($5.00)] nor more than twenty-five dollars [($25.00)], and in default of payment thereof shall be imprisoned for not less than five nor more than twenty-five days. History: Laws 1912, ch. 30, § 4; Code 1915, § 2706; C.S. 1929, § 64-1504; 1941 Comp., § 58-707; 1953 Comp., § 55-7-7. ANNOTATIONSCross references. — For penalties for unlawful use of highways, see 67-7-10 NMSA 1978. Bracketed material. — The bracketed material 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. — 40 Am. Jur. 2d Highways, Streets and Bridges §§ 604, 605.
NM Stat § 67-8-8 (2021)
2021 New Mexico Statutes|Chapter 67 - Highways|Article 8 - Miscellaneous Provisions|Section 67-8-8 - [Advertising signs adjoining public highways; definitions.]

The following words and phrases as used in this act [67-8-8 to 67-8-10 NMSA 1978] shall for the purpose of this act have the meanings respectively ascribed to them in this section, except in those instances where the context clearly indicates a different meaning: A. "public highway." Every public street, road, highway or thoroughfare of any kind in this state used by the public whether actually dedicated to the public and accepted by proper authority or otherwise; B. "state highway." Every public highway which has been designated a state highway either by the legislature or by the state highway engineer; C. "person." Any person, firm or corporation whatsoever. History: Laws 1929, ch. 123, § 1; C.S. 1929, § 64-2001; 1941 Comp., § 58-708; 1953 Comp., § 55-7-8. ANNOTATIONSLegislative intent. — Unless an agreement to the contrary exists, it was the legislative intent that the reasonable regulation of the billboard law apply on Indian lands adjoining rights of way obtained pursuant to 25 U.S.C. § 311. 1953 Op. Att'y Gen. No. 53-5632. Jurisdiction of roads not in state highway system. — Since this act (Laws 1929, ch. 123) is silent as to who has jurisdiction over roads not included in the state highway system, the county commissioners of the various counties have jurisdiction of the roads within their respective counties. 1939 Op. Att'y Gen. No. 39-3195. No penal provisions. — Laws 1929, ch. 123 (67-8-8 to 67-8-10 NMSA 1978) is not such a penal law as would come within the Assimilative Claims Act (18 U.S.C. § 13) since there are no penal provisions nor provisions for its enforcement by any court. 1953 Op. Att'y Gen. No. 53-5632. Am. Jur. 2d, A.L.R. and C.J.S. references. — 39 Am. Jur. 2d Highways, Streets and Bridges § 288. Billboards or other conditions on adjoining property which are deemed dangerous to travel or offensive aesthetically to travelers, power of highway officers in respect of, 81 A.L.R. 1547.
NM Stat § 67-8-9 (2021)
2021 New Mexico Statutes|Chapter 67 - Highways|Article 8 - Miscellaneous Provisions|Section 67-8-9 - [Advertising signs on or over public highway right-of-way outside incorporated cities prohibited.]

No person shall place, erect or maintain any advertising sign, signboard or device of any character upon or over the right-of-way or right-of-way fences of any public highway within this state outside of the limits of any incorporated city, town or village. History: Laws 1929, ch. 123, § 2; C.S. 1929, § 64-2002; 1941 Comp., § 58-709; Laws 1953, ch. 92, § 1; 1953 Comp., § 55-7-9. ANNOTATIONSState highway department (now department of transportation) has adequate authority to clear away all unauthorized signs upon the highway right-of-way. 1952 Op. Att'y Gen. No. 52-5506. State can regulate or prohibit signboards from property abutting the highway as a valid exercise of the police power. Of course, the law must be reasonable and bear a substantial relation to the welfare and safety of the public. 1955 Op. Att'y Gen. No. 55-6082. Am. Jur. 2d, A.L.R. and C.J.S. references. — 39 Am. Jur. 2d Highways, Streets and Bridges § 288.
NM Stat § 67-8-11 (2021)
2021 New Mexico Statutes|Chapter 67 - Highways|Article 8 - Miscellaneous Provisions|Section 67-8-11 - Signs placed in violation of act declared public nuisances.

Any sign, signboard or device erected, placed or maintained in violation of the provisions of this act is hereby declared to be a public nuisance. History: 1941 Comp., § 58-712a, enacted by Laws 1953, ch. 92, § 5; 1953 Comp., § 55-7-13; Laws 1961, ch. 73, § 1. ANNOTATIONSCross references. — For abatement of a public nuisance, see 30-8-8 NMSA 1978. Meaning of "this act". — The term "this act" refers to Laws 1953, ch. 92, the provisions of which are presently compiled as 67-8-9 to 67-8-12 NMSA 1978. Permitting sign boards to remain on adjoining Indian lands while removing them from all other lands adjacent to the highway in the state where they are no more dangerous or detrimental to public welfare would tend to undermine the enforcement by the state of its own law. 1953 Op. Att'y Gen. No. 53-5632. Am. Jur. 2d, A.L.R. and C.J.S. references. — 39 Am. Jur. 2d Highways, Streets and Bridges §§ 288, 533.
NM Stat § 67-8-12 (2021)
2021 New Mexico Statutes|Chapter 67 - Highways|Article 8 - Miscellaneous Provisions|Section 67-8-12 - [Officers charged with enforcement of act.]

The provisions of this act shall be enforced by the attorney general or by the several district attorneys of the state in their respective districts by any appropriate remedy. History: 1941 Comp., § 58-712c, enacted by Laws 1953, ch. 92, § 7; 1953 Comp., § 55-7-15. ANNOTATIONSSeverability clauses. — Laws 1953, ch. 92, § 9, provides for the severability of the act if any part or application thereof is held invalid. Meaning of "this act". — The term "this act" refers to Laws 1953, ch. 92, the provisions of which are presently compiled as 67-8-9 to 67-8-12 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — 39A C.J.S. Highways § 168.
NM Stat § 67-8-13 (2021)
2021 New Mexico Statutes|Chapter 67 - Highways|Article 8 - Miscellaneous Provisions|Section 67-8-13 - Wiring adjoining highway structures; permit required; application.

It is unlawful for any person, company or corporation to place or cause to be placed any conduit, wires or cables across, upon, attached to or upon the highway right of way parallel to and within twenty-five feet of any state highway bridge or structure except pursuant to a permit obtained from the state transportation commission and upon compliance with reasonable conditions and requirements specified in such permit. The state transportation commission is authorized and empowered to prepare application and permit forms for such purposes. History: Laws 1939, ch. 30, § 2; 1941 Comp., § 58-715; 1953 Comp., § 55-7-19; 2003, ch. 142, § 79. ANNOTATIONSThe 2003 amendment, effective July 1, 2003, added the section heading; and 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 §§ 259 to 263. 39A C.J.S. Highways § 139.
NM Stat § 67-8-14 (2021)
2021 New Mexico Statutes|Chapter 67 - Highways|Article 8 - Miscellaneous Provisions|Section 67-8-14 - [Violation of wiring requirements; penalty.]

A violation of the above statute [67-8-13 NMSA 1978] shall constitute a misdemeanor, and shall be punishable by fine of not less than fifty dollars [($50.00)], and not more than two hundred dollars [($200)], or by imprisonment in the county jail for not less than three months, and not more than six months, or both such fine and imprisonment at the discretion of the court. History: Laws 1939, ch. 30, § 3; 1941 Comp., § 58-716; 1953 Comp., § 55-7-20. ANNOTATIONSBracketed material. — The bracketed material 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. — 39 Am. Jur. 2d Highways, Streets and Bridges §§ 292, 453, 457. 40 C.J.S. Highways §§ 231, 248.
NM Stat § 67-8-16 (2021)
2021 New Mexico Statutes|Chapter 67 - Highways|Article 8 - Miscellaneous Provisions|Section 67-8-16 - Definitions.

As used in Sections 67-8-15 through 67-8-21 NMSA 1978: A. "utility" means publicly, privately and cooperatively owned utilities, without distinction, for the rendition of water, electric power, sanitary sewer, storm sewer, steam, fuel gas, telephone or telegraph service through a system of pipes or wires devoted to public utility service; B. "cost of relocation" means the entire amount paid properly attributable to such relocation after deducting therefrom any increase in the value of the new facility and any salvage value derived from the old facility; C. "commission" means the state transportation commission; D. "public highway" means any state highway or other public way in this state, including extensions thereof within urban areas, constructed in whole or in part with state aid and shall include any incorporated or related physical facilities for the handling of traffic and the right of way; E. "relocation" means any horizontal or vertical movement of utility facilities intact and any protective measures taken or, where found by the commission to be necessary, the construction of new or additional facilities, with or without contemporaneous removal and salvage of old facilities, in this state including in any case adjustment or protection of connecting off-highway utility lines to the extent necessary; F. "federal-aid highways" means all roads constructed in whole or in part with federal aid and includes the "interstate system", the "primary system" and the "secondary system" in this state as designated by the commission; and G. "urban area" means an area in this state including and adjacent to a municipality or other urban place having a population of five thousand or more, as determined by the latest available federal census, within reasonable boundaries fixed by the commission. History: 1953 Comp., § 55-7-24, enacted by Laws 1959, ch. 310, § 2; 2003, ch. 142, § 80. ANNOTATIONSThe 2003 amendment, effective July 1, 2003, substituted "Sections 67-8-15 through 67-9-21 NMSA 1978" for "this act" in the introductory paragraph; and substituted "state transportation commission" for "state highway commission" in Subsection C.
NM Stat § 67-8-19 (2021)
2021 New Mexico Statutes|Chapter 67 - Highways|Article 8 - Miscellaneous Provisions|Section 67-8-19 - Procedure; appeal.

A. All hearings held pursuant to this section shall be public and upon not less than fifteen days' written notice of the time, place and purpose of the hearing to each utility whose services or facilities may be affected and to each municipality in which any part of the proposed highway improvement is to be located. Hearings may be held before the commission, any member or any representative designated by it and at the place as is designated in the notice. B. A record of the testimony shall be taken at the hearing and a transcript furnished to anyone upon request and payment of the cost. C. The findings and orders shall be in writing and a copy served upon each party. D. The commission may promulgate rules to govern its proceedings pursuant to this section. E. A party aggrieved by an order may appeal to the district court pursuant to the provisions of Section 39-3-1.1 NMSA 1978. History: 1953 Comp., § 55-7-27, enacted by Laws 1959, ch. 310, § 5; 1998, ch. 55, § 80; 1999, ch. 265, § 81. ANNOTATIONSCross references. — For procedures governing administrative appeals to the district court, see Rule 1-074 NMRA. The 1999 amendment, effective July 1, 1999, substituted "Section 39-3-1.1" for "Section 12-8A-1" in Subsection E. The 1998 amendment, effective September 1, 1998, inserted "; appeal" in the section heading; in Subsection A, substituted "pursuant to this section" for "hereunder", substituted "days'" for "days", and deleted "thereof" following "member"; in Subsection B, deleted "thereof" following "transcript" and "cost"; in Subsection C, deleted "thereof" following "copy" and "thereto" following "party"; in Subsection D, substituted "pursuant to this section" for "hereunder"; rewrote Subsection E; and deleted Subsection F, relating to any party aggrieved by the order or decision of the district court. Am. Jur. 2d, A.L.R. and C.J.S. references. — 39A C.J.S. Highways § 156.
NM Stat § 67-8-20 (2021)
2021 New Mexico Statutes|Chapter 67 - Highways|Article 8 - Miscellaneous Provisions|Section 67-8-20 - Nonapplicability of act.

A. This act [67-8-15 to 67-8-21 NMSA 1978] shall not apply to any relocation of facilities for a public highway project which is sufficiently advanced that prior to the effective date hereof a relocation in specific terms shall have been required by a relocation notice given to or otherwise formally required of a utility by the commission or under its authority. B. This act shall not apply to any taking or damaging of property for which the utility is entitled to compensation pursuant to the constitution of this state or the United States or pursuant to any binding agreement inuring to the utility's benefit. History: 1953 Comp., § 55-7-28, enacted by Laws 1959, ch. 310, § 6.
NM Stat § 67-8-22 (2021)
2021 New Mexico Statutes|Chapter 67 - Highways|Article 8 - Miscellaneous Provisions|Section 67-8-22 - Remaining in rest areas and similar facilities; penalty.

A. No person shall remain, or willfully allow any property under his control to remain, in any publicly owned and controlled rest and recreation area or sanitary or tourist information facility, which area or facility is located immediately adjacent to a public highway and is intended for use by persons travelling the highway, for more than twenty-four hours in any three-day period, unless otherwise provided by law. B. The state highway department shall provide for posting of all areas and facilities to which Subsection A of this section applies. The notice to be posted shall read: "NOTICE Remaining in this area or facility for more than twenty-four hours is a violation of law subject to a fine of not more than one hundred dollars ($100)." C. Any person violating any provision of Subsection A of this section is guilty of a misdemeanor and shall be punished by a fine of not more than one hundred dollars ($100). History: 1953 Comp., § 55-7-30, enacted by Laws 1973, ch. 121, § 1.
NM Stat § 67-8-23 (2021)
2021 New Mexico Statutes|Chapter 67 - Highways|Article 8 - Miscellaneous Provisions|Section 67-8-23 - Additional cooperative agreements funding.

The department shall expend an additional two million dollars ($2,000,000) in the sixty-eighth and subsequent fiscal years, over and above amounts expended in the sixty-seventh fiscal year, to assist municipalities, school districts and counties through cooperative agreements for the construction or improvement of public highways and public school parking areas. History: 1978 Comp., § 67-8-28, enacted by Laws 1979, ch. 166, § 14. ANNOTATIONSSeverability clauses. — Laws 1979, ch. 166, § 17, provides for the severability of the act if any part or application thereof is held invalid.