reglab/housing_qa huggingface dataset:
NM Stat § 67-3-1 (2021)
2021 New Mexico Statutes|Chapter 67 - Highways|Article 3 - State Transportation Commission|Section 67-3-1 - Reimbursement of state transportation commissioners.

The members of the state transportation commission shall receive per diem and mileage as provided in the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978] and shall receive no other compensation, perquisite or allowance. History: Laws 1935, ch. 44, § 1; 1941 Comp., § 58-201; 1953 Comp., § 55-2-1; Laws 1961, ch. 178, § 1; 1963, ch. 43, § 5; 2003, ch. 142, § 26. ANNOTATIONSCross references. — For creation of state transportation commission, see N.M. Const., art. V, § 14. For removal of highway commissioners, jurisdiction, see N.M. Const., art. V, § 14. The 2003 amendment, effective July 1, 2003, substituted "transportation commissioners" for "highway commissioners" in the section heading and the section. Drawing of per diem allowance prohibited. — State highway commissioners (now state transportation commissioners), as unsalaried state officers, may not draw the statutory per diem allowance while engaged in official state business at their residence or personal business premises. 1977 Op. Att'y Gen. No. 77-20. Membership in retirement association. — Members of the state highway commission (state transportation commission) are not eligible for membership in the public employees retirement association. 1965 Op. Att'y Gen. No. 65-29. Am. Jur. 2d, A.L.R. and C.J.S. references. — 39A C.J.S. Highways § 58.
NM Stat § 67-3-2 (2021)
2021 New Mexico Statutes|Chapter 67 - Highways|Article 3 - State Transportation Commission|Section 67-3-2 - State transportation commissioners; number; appointment; powers; term of office; bond.

A. The state transportation commission shall consist of six members to be appointed by the governor with the advice and consent of the senate. B. State transportation commissioners shall be appointed for staggered terms of six years each commencing on January 1 so that the terms of not more than two commissioners expire on December 31 of each even-numbered year. Any vacancy shall be filled by appointment by the governor with the approval of the senate for the remainder of the unexpired term. C. Each of the members, in order to qualify as such, shall take the usual oath and execute in favor of the state a surety company bond in a form approved by the attorney general in the amount of twenty-five thousand dollars ($25,000) conditioned upon the faithful performance of his duties. No more than four of the appointed commissioners shall belong to the same political party. D. The state transportation commission shall have the power to determine all matters of policy for the department. History: 1953 Comp., § 55-2-1.1, enacted by Laws 1967, ch. 266, § 1; 1983, ch. 305, § 1; 1989, ch. 67, § 1; 2003, ch. 142, § 27. ANNOTATIONSCross references. — For creation of state transportation commission, see N.M. Const., art. V, § 14. The 2003 amendment, effective July 1, 2003, substituted "transportation commissioners" for "highway commissioners" in the section heading; substituted "transportation commission" for "highway commission" in Subsections A and D; and substituted "State transportation commissioners" for "The highway commissioners holding office on the effective date of this act shall serve out the remainder of their unexpired terms and" in Subsection B. The 1989 amendment, effective June 16, 1989, added "for the department" at the end of Subsection D. The 1983 amendment substituted "six" for "five" in Subsection A and substituted "four" for "three" in the last sentence of Subsection C. Effective dates. — Laws 1983, ch. 305, contains no effective date provision, but was enacted at the session which adjourned on March 19, 1983. Am. Jur. 2d, A.L.R. and C.J.S. references. — 39 Am. Jur. 2d Highways, Streets and Bridges §§ 13 to 21, 34, 207. 39A C.J.S. Highways §§ 56, 164.
NM Stat § 67-3-4 (2021)
2021 New Mexico Statutes|Chapter 67 - Highways|Article 3 - State Transportation Commission|Section 67-3-4 - Method and time of appointment of commissioners.

A. The governor shall submit the names of the commissioners to be appointed to the state senate for confirmation not later than the thirtieth day of each regular session of the legislature. A three-fifths vote of the senate shall be required for confirmation. The appointment of such commissioners shall become effective on the day of confirmation by the senate. No commissioner shall be appointed without confirmation by the senate except that, in the case of a vacancy, the governor may appoint a commissioner to fill a vacancy until the next regular session of the legislature, at which time an appointment shall be made for the balance of the unexpired term. B. In the event the governor should refuse or fail to submit the names of the highway commissioners to the senate for confirmation in the manner above provided, the senate shall appoint and confirm the highway commissioners. History: 1953 Comp., § 55-2-1.3, enacted by Laws 1967, ch. 266, § 3. ANNOTATIONSCross references. — For creation of state transportation commission, see N.M. Const., art. V, § 14. Am. Jur. 2d, A.L.R. and C.J.S. references. — 39 Am. Jur. 2d Highways, Streets and Bridges § 13. 39A C.J.S. Highways § 56.
NM Stat § 67-3-5 (2021)
2021 New Mexico Statutes|Chapter 67 - Highways|Article 3 - State Transportation Commission|Section 67-3-5 - Removal of commissioners.

The state transportation commission, appointed by the governor and confirmed by the senate, shall serve at the pleasure of the governor. Transportation commissioners, appointed and confirmed by the senate pursuant to Subsection B of Section 67-3-4 NMSA 1978, shall not be removed without prior approval of the senate. History: 1953 Comp., § 55-2-1.4, enacted by Laws 1967, ch. 266, § 4; 1978, ch. 1, § 1; 2003, ch. 55, § 1. ANNOTATIONSCross references. — For creation of state transportation commission, see N.M. Const., art. V, § 14. For removal of commissioners, see N.M. Const., art. V, § 14. The 2003 amendment, effective June 20, 2003, rewrote this section. The 1978 amendment deleted "supreme court jurisdiction" at the end of the catchline, substituted "prior approval of the senate" for "notice of hearing and an opportunity to be heard having first been given such commissioner" at the end of the second sentence and deleted the former last sentence which read: "The supreme court of New Mexico is hereby given exclusive original jurisdiction over proceedings to remove highway commissioners under such rules as it may promulgate and its decision in connection with such matters shall be final." Am. Jur. 2d, A.L.R. and C.J.S. references. — 39 Am. Jur. 2d Highways, Streets and Bridges § 38. 39A C.J.S. Highways § 165.
NM Stat § 67-3-7 (2021)
2021 New Mexico Statutes|Chapter 67 - Highways|Article 3 - State Transportation Commission|Section 67-3-7 - Secretary of transportation; appointment; qualifications; bond.

A. The department shall be under the control of an executive officer to be known as the "secretary". The secretary shall have all powers necessary for the efficient management of the department. Except for the powers expressly granted to the state transportation commission by Sections 67-3-5, 67-3-7 and 67-3-23 NMSA 1978 and by Section 67-3-2 NMSA 1978, the secretary shall have all powers granted by law to the state transportation commission or the state transportation commissioners. B. The secretary shall devote his entire time to his duties and shall receive an annual salary set by the commission. A secretary, during his period of service, shall not hold any other office under the laws of this state or of the United States. History: 1953 Comp., § 55-2-1.6, enacted by Laws 1967, ch. 266, § 6; 1977, ch. 251, § 3; 1978, ch. 1, § 2; 2003, ch. 142, § 30. ANNOTATIONSThe 2003 amendment, effective July 1, 2003, substituted "Secretary of Transportation" for "State Highway Engineer" in the section heading; substituted "secretary" for "state highway engineer" in Subsections A and B; in Subsection A, substituted "state transportation commission" for "state highway commission"; and substituted "Sections 67-3-5, 67-3-7 and 67-3-23 NMSA 1978 and by Section 67-3-2 NMSA 1978" for "this 1978 act and by Section 55-2-1.1 NMSA 1953". The 1978 amendment, in the last sentence of Subsection A, capitalized the word "Except," inserted "by this 1978 act and" preceding the statutory reference and substituted "the state highway engineer" for "and he"; deleted former Subsection B which read: "The state highway engineer shall be appointed by the highway commission with the consent of the governor"; redesignated former Subsection C as present Subsection B and deleted former Subsection D which read: "The state highway engineer shall execute a bond in the penal sum set by the state board of finance, conditioned for the faithful performance of his duties, which bond shall be approved by the commission. The cost of the bond shall be paid by the highway department as part of the operating cost of the department and it shall be filed with the secretary of state." The 1977 amendment substituted the specific statutory reference for "Section 1" in the second sentence of Subsection A, added "with the consent of the governor" at the end of Subsection B and in Subsection C, deleted the former first sentence which read "The state highway engineer shall be a professional engineer" and substituted "the state highway engineer" for "he" in the present first sentence. State highway engineer (now secretary of transportation) is not subject to transfer provisions of 10-7-1 NMSA 1978. State ex rel. Bird v. Apodaca, 1977-NMSC-110, 91 N.M. 279, 573 P.2d 213. Am. Jur. 2d, A.L.R. and C.J.S. references. — 39A C.J.S. Highways § 162.
NM Stat § 67-3-8.1 (2021)
2021 New Mexico Statutes|Chapter 67 - Highways|Article 3 - State Transportation Commission|Section 67-3-8.1 - Secretary; authority to enter into intergovernmental agreement; gasoline tax sharing agreement; qualified tribe.

A. The secretary may enter into an intergovernmental agreement that may be referred to as a "gasoline tax sharing agreement" with a qualified tribe to receive forty percent of the gasoline tax revenue paid on two million five hundred thousand gallons of gasoline each month in exchange for the qualified tribe's agreement that the qualified tribe or a registered Indian tribal distributor owned by the qualified tribe shall not: (1) distribute gasoline for resale outside of the boundaries of that registered Indian tribal distributor's Indian reservation, pueblo grant or trust land located in New Mexico; and (2) claim all or part of the deduction authorized in Subsection F of Section 7-13-4 NMSA 1978. B. The term of a gasoline tax sharing agreement entered into pursuant to this section shall be for a period of up to twenty years. The secretary and a qualified tribe with a gasoline tax sharing agreement shall report, at the midpoint of the term of the agreement, to the legislative finance committee and to the revenue stabilization and tax policy committee on the status of the agreement. C. A gasoline tax sharing agreement entered into pursuant to this section shall be construed solely as an agreement between the two party governments and shall not alter or affect the government-to-government relations between the state and any other tribe. D. Nothing in this section or in a gasoline tax sharing agreement entered into pursuant to this section shall be construed as creating rights in a third party. E. Copies of gasoline tax sharing agreements shall be promptly transmitted to the secretary upon signing by the representatives of the governments that are parties to the agreement. F. As used in this section: (1) "qualified tribe" means the Pueblo of Nambe or the Pueblo of Santo Domingo, as long as it owns one hundred percent of a registered Indian tribal distributor pursuant to the Gasoline Tax Act [Chapter 7, Article 13 NMSA 1978], that qualifies for a deduction pursuant to Subsection F of Section 7-13-4 NMSA 1978; and (2) "tribe" means an Indian nation, tribe or pueblo located in New Mexico. History: 1978 Comp., § 67-3-8.1, enacted by Laws 2003, ch. 150, § 3; 2004, ch. 109, § 3; 2010, ch. 15, § 1. ANNOTATIONSThe 2010 amendment, effective May 19, 2010, in Subsection B, in the first sentence, after "for a period of up to", deleted "ten" and added "twenty"; and added the second sentence. The 2004 amendment, effective July 1, 2004, amended Paragraph (1) of Subsection F to add "or the Pueblo of Santo Domingo".
NM Stat § 67-3-8.2 (2021)
2021 New Mexico Statutes|Chapter 67 - Highways|Article 3 - State Transportation Commission|Section 67-3-8.2 - Secretary; authority to sell or otherwise dispose of property or property interest.

A. In the event the department acquires by condemnation or other means property or a property interest, including water, mineral and oil and gas rights in excess of the dimensions or amount necessary for public use, as determined by the department if the determination occurs within five years of the date of the acquisition, the prior owner from whom the property or property interest was acquired or the prior owner's personal representative or heirs shall have the option to purchase the property or property interest determined to be in excess. The persons may purchase the property or property interest at a price equal to the price paid for the excess property or property interest by the department to the prior owner at the time of acquisition, plus interest at the rate of six percent per year, for the period beginning with the date the prior owner received final payment for the property or property interest taken and ending when the notice of intent to dispose is mailed, less the amount of any liens attached against the property or property interest while it was held by the department. B. The notice of intent to dispose shall be mailed to the last known address of the prior owner by certified mail with a return receipt requested. The notice shall notify the prior owner of the prior owner's right to purchase, specify which portion of the property or property interest of the prior owner is available for purchase by the prior owner, the amount of money, both the principal and interest, required to repurchase it and the amount of any liens that may be deducted from the purchase price. If within thirty days after mailing the notice of intent to dispose, the prior owner or the prior owner's personal representative or heirs elect to exercise the option to purchase, the department shall enter into an agreement prepared and approved by the appropriate legal officer for the sale of the excess property or property interest to the prior owner or the prior owner's personal representative or heirs. C. If the prior owner or the prior owner's personal representative or heirs have not elected to exercise the option within thirty days from the date of mailing the notice of intent to dispose, the department may sell the property or the property interest on the open market in a commercially reasonable manner. The proceeds from the sale of the property or property interest shall be deposited in the state road fund. History: Laws 2004, ch. 77, § 1. ANNOTATIONSEmergency clauses. — Laws 2004, ch. 77, § 2 makes the act effective immediately. Approved March 4, 2004.
NM Stat § 67-3-9 (2021)
2021 New Mexico Statutes|Chapter 67 - Highways|Article 3 - State Transportation Commission|Section 67-3-9 - [Office.]

That the said state highway commission and the state highway engineer shall be provided with suitable offices in the state capitol by the superintendent of public buildings and property, which offices shall be under the charge of the said state highway engineer and shall be kept open at such times as the business of the commission and the convenience of the public shall require. Such offices shall be conveniently and properly furnished and shall be the repository for all records of the commission. History: Laws 1917, ch. 38, § 4; C.S. 1929, § 64-305; 1941 Comp., § 58-204; 1953 Comp., § 55-2-4. ANNOTATIONSSuperintendent of public buildings and property. — For present provisions regarding the control, care and custody of the building in which the legislature sits by the legislative council, see 2-3-4 and 2-3-5 NMSA 1978.
NM Stat § 67-3-10 (2021)
2021 New Mexico Statutes|Chapter 67 - Highways|Article 3 - State Transportation Commission|Section 67-3-10 - Meetings; oaths; seal; policy.

It is the duty of the state transportation commission to hold meetings at such times and for such periods as it deems essential to the proper carrying out of the provisions of Chapter 67 NMSA 1978. The members shall have power to administer oaths, and the commission shall have a common seal. It is the duty of the commission to consider and determine at its meetings all questions relating to the general policy of the commission and the conduct of the work in general; to receive and consider, at such times as it may elect, the annual report of the secretary; and to act in all matters relating to the recommendations, reports and such other matters as it finds advisable to submit to the governor or to the legislature; provided, however, that any reports or information shall be furnished to the governor by the commission upon his request. History: Laws 1917, ch. 38, § 6; C.S. 1929, § 64-307; 1941 Comp., § 58-205; 1953 Comp., § 55-2-5; 2003, ch. 142, § 32. 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". Am. Jur. 2d, A.L.R. and C.J.S. references. — 39A C.J.S. Highways §§ 56, 59.
NM Stat § 67-3-11 (2021)
2021 New Mexico Statutes|Chapter 67 - Highways|Article 3 - State Transportation Commission|Section 67-3-11 - Rule-making power.

The state transportation commission is hereby authorized to make all rules and regulations as may be necessary to carry out the provisions of Chapter 67 NMSA 1978. History: Laws 1917, ch. 38, § 20; C.S. 1929, § 64-321; 1941 Comp., § 58-206; 1953 Comp., § 55-2-6; 2003, ch. 142, § 33. 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 §§ 209, 210. 39A C.J.S. Highways § 157.
NM Stat § 67-3-13 (2021)
2021 New Mexico Statutes|Chapter 67 - Highways|Article 3 - State Transportation Commission|Section 67-3-13 - Repealed.

ANNOTATIONSRepeals. — Laws 1989, ch. 117, § 3A repeals 67-3-13 NMSA 1978, as enacted by Laws 1909, ch. 42, § 3, relating to general charge and supervision of highways, effective March 28, 1989. For present comparable provisions, see 67-3-14 NMSA 1978.
NM Stat § 67-3-15 (2021)
2021 New Mexico Statutes|Chapter 67 - Highways|Article 3 - State Transportation Commission|Section 67-3-15 - [Duty to advise towns, villages and counties; highway system for state.]

The commission shall, when requested, advise towns, villages and counties with regard to the construction and maintenance of any road or bridge, and shall select, lay out and construct a system of prospective state highways. History: Laws 1912, ch. 54, § 3; Code 1915, § 2633; C.S. 1929, § 64-327; 1941 Comp., § 58-210; 1953 Comp., § 55-2-10. ANNOTATIONSCross references. — For establishment of department of transportation, see 67-3-6 NMSA 1978. No authority to designate city underpass as state highway. — The commission is not authorized by this section, 67-2-4, 67-3-16 or 67-3-41 NMSA 1978 to designate as a state highway an underpass in a city not part of or intended to be part of a state highway. Springer Transfer Co. v. City of Albuquerque, 1940-NMSC-039, 44 N.M. 407, 103 P.2d 129.
NM Stat § 67-3-16 (2021)
2021 New Mexico Statutes|Chapter 67 - Highways|Article 3 - State Transportation Commission|Section 67-3-16 - [General duty to construct, repair and maintain highways.]

It shall be the duty of such commission to construct, repair and maintain, at the expense of the state either wholly or in part, such public roads and highways, within the state, as in their judgment will best subserve the interest of the general public, looking to the construction and maintenance of a complete system of highways in the state. History: Laws 1909, ch. 42, § 4; Code 1915, § 2638; C.S. 1929, § 64-331; 1941 Comp., § 58-211; 1953 Comp., § 55-2-11. ANNOTATIONSCross references. — For establishment of department of transportation, see 67-3-6 NMSA 1978. Purpose of commission. — The paramount purpose of the creation of the commission was to subserve the public interest, in construction and maintenance of a complete system of highways in the state. Gallegos v. Conroy, 1934-NMSC-007, 38 N.M. 154, 29 P.2d 334. Public necessity of right of way not obviated by donation. — Merely because an individual gratuitously gave to the state a right of way does not negative the public necessity thereof. Gallegos v. Conroy, 1934-NMSC-007, 38 N.M. 154, 29 P.2d 334. Commission, not courts, to determine highway necessity. — Need or requirement for construction of a particular piece of highway is a matter to be determined by the commission and not by the courts. Gallegos v. Conroy, 1934-NMSC-007, 38 N.M. 154, 29 P.2d 334. No authority to designate city underpass as state highway. — The commission is not authorized by this section, 67-2-4, 67-3-15 or 67-3-41 NMSA 1978 to designate an underpass in a city as a state highway. Springer Transfer Co. v. City of Albuquerque, 1940-NMSC-039, 44 N.M. 407, 103 P.2d 129. 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. Am. Jur. 2d, A.L.R. and C.J.S. references. — 39 Am. Jur. 2d Highways, Streets and Bridges §§ 64 to 69. Liability, in motor vehicle-related cases, of governmental entity for injury, death, or property damage resulting from defect or obstruction in shoulder of street or highway, 19 A.L.R.4th 532. Governmental liability for compensation or damages to advertiser arising from obstruction of public view of sign or billboard on account of growth of vegetation in public way, 21 A.L.R.4th 1309. 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. Highways: governmental duty to provide curve warnings or markings, 57 A.L.R.4th 342. Governmental tort liability as to highway median barriers, 58 A.L.R.4th 559. Governmental tort liability for detour accidents, 1 A.L.R.5th 163. 40 C.J.S. Highways § 179.