reglab/statecodes huggingface dataset:
2023 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.
ANNOTATIONS
The 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.
2023 New Mexico Statutes › Chapter 67 - Highways › Article 4 - County Highways in General › Section 67-4-14 - Repealed.

ANNOTATIONS
Repeals.
— 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.
2023 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.
ANNOTATIONS
Bracketed 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.
2023 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.
ANNOTATIONS
Am. 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.
2023 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.
ANNOTATIONS
Compiler's notes.
— The federal act referred to in this section was codified at 16 U.S.C. § 503, but has since been repealed.
2023 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.
ANNOTATIONS
Compiler'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.
2023 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.
2023 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.
ANNOTATIONS
The 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.
2023 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.
2023 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.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
56 Am. Jur. 2d Municipal Corporations, Counties and Other Political Subdivisions § 515.
2023 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.
2023 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.
2023 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.
ANNOTATIONS
Road 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.
2023 New Mexico Statutes › Chapter 67 - Highways › Article 5 - Vacation, Alteration and Establishment of County Roads and Bridges › Section 67-5-3 - Repealed.

ANNOTATIONS
Repeals.
— 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.
2023 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.
ANNOTATIONS
Petition 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.
2023 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.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 39A C.J.S. Highways § 136.
2023 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.
2023 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.
ANNOTATIONS
Am. 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.
2023 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.
ANNOTATIONS
Cross 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.
2023 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.
2023 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.
ANNOTATIONS
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."
2023 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.
ANNOTATIONS
The 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.
2023 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.
2023 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.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
39A C.J.S. Highways § 63.
2023 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.
ANNOTATIONS
Legislative 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.
2023 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.
ANNOTATIONS
Bracketed 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.
2023 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.
ANNOTATIONS
Remedy 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.
2023 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.
ANNOTATIONS
Cross 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.
2023 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.
ANNOTATIONS
Cross 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.
2023 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.
ANNOTATIONS
Subdivision 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.
2023 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.
ANNOTATIONS
Am. 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.
2023 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.
ANNOTATIONS
Meaning 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.
2023 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.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 64 Am. Jur. 2d Public Securities and Obligations § 194.
2023 New Mexico Statutes › Chapter 67 - Highways › Article 6 - County Highways and Bridge Bonds › Section 67-6-3 - [Petition for bond issue; election call; ballots.]

Whenever there shall be filed with the board of county commissioners a petition signed by not less than ten per centum of the qualified electors in any county in the state who are taxpayers therein, asking for the issuance of bonds for the purposes above specified in an amount to be designated in such petition, subject to the limitations of Section 67-6-1 NMSA 1978, said county commissioners, within thirty days after the filing of such petition, shall call a special election for the purpose of submitting to the people of the county the proposition of the issuance of bonds in accordance with such petition, and shall fix a date not less than sixty nor more than ninety days thereafter upon which a vote shall be taken thereon. Such call shall be published in at least one newspaper of general circulation in the county, once a week for four successive weeks, the last publication to be at least three days preceding the date fixed for said election. Ballots at said election shall have printed thereon the words "for the $. . . . . . . . bond issue for roads and bridges," inserting the amount of the proposed bond issue; and in a separate line under the same words "against the $. . . . . . bond issue for roads and bridges," inserting the amount of the proposed bond issue. Opposite said lines there shall be a square in which the voters may make or stamp a cross to indicate whether they vote for or against said bond issue, and those voting for said bond issue shall do so by placing a cross in the square opposite the words "for the $. . . . . . . . bond issue for roads and bridges," and those voting against said bond issue shall do so by placing a cross in the square opposite, "against the $. . . . . . . . bond issue for roads and bridges."
History:
Laws 1912, ch. 79, § 3; Code 1915, § 2685; C.S. 1929, § 64-903; 1941 Comp., § 58-503; 1953 Comp., § 55-5-3.
ANNOTATIONS
Cross references.
— For legal newspapers,
see
14-11-2 NMSA 1978.
Placing road bond before voters.
— A road bond question may be placed before the voters either by special election on petition of voters under this section or at a general election by a resolution of the board of county commissioners under N.M. Const., art. IX, § 10.
State ex rel. Bd. of Cnty. Comm'rs v. Jones
, 1984-NMSC-087, 101 N.M. 660, 687 P.2d 95.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
64 Am. Jur. 2d Public Securities and Obligations §§ 125 to 128.
2023 New Mexico Statutes › Chapter 67 - Highways › Article 6 - County Highways and Bridge Bonds › Section 67-6-4 - [Election on bond issue; conduct; returns; limitation on frequency.]

The election herein provided for shall be held under the same substantial provisions, and the votes cast for or against such bond issue shall be counted, returned and canvassed and declared, in the same manner and subject to the same rules as votes cast for county officers, and if it appears that said proposed bond issue shall have received a majority of all the votes cast at such election as aforesaid, then the same shall have the effect of authorizing the board of county commissioners to proceed to the issuance of said bonds; but if a majority of the votes cast as aforesaid shall be against the proposed bond issue, then said bonds shall not be issued. Provided, however, that an election for the issuance of bond shall not be held in any county oftener than once in any calendar year.
History:
Laws 1912, ch. 79, § 4; Code 1915, § 2686; C.S. 1929, § 64-904; 1941 Comp., § 58-504; 1953 Comp., § 55-5-4.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
64 Am. Jur. 2d Public Securities and Obligations §§ 131 to 179.
11 C.J.S. Bonds § 56.
2023 New Mexico Statutes › Chapter 67 - Highways › Article 6 - County Highways and Bridge Bonds › Section 67-6-5 - [Taxation; general fund; interest fund.]

There shall be collected annually, in the same manner and at the same time as other county taxes are collected, such a sum in addition to the ordinary revenue of the county as shall be required to pay the principal and interest on said bonds as herein provided; and it is hereby made the duty of all officers charged by law with any duty in regard to the collection of said revenue to do and perform each and every act which shall be necessary to collect such additional sum. Such sum when collected shall be covered into the general fund, and the treasurer of any county issuing bonds as provided herein, shall transfer from such general fund to the interest fund thereof such an amount of money as shall be required to pay the accrued interest on the bonds theretofore sold, until the interest on all of said bonds so sold shall have been paid or shall have become due in accordance with the provisions of this article.
History:
Laws 1912, ch. 79, § 5; Code 1915, § 2687; C.S. 1929, § 64-905; 1941 Comp., § 58-505; 1953 Comp., § 55-5-5.
ANNOTATIONS
Meaning of "this article".
—
See
same catchline in notes to 67-6-1 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
64 Am. Jur. 2d Public Securities and Obligations § 399.