reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 67 - Highways › Article 6 - County Highways and Bridge Bonds › Section 67-6-6 - [County highway sinking fund; payment of bond principal and interest.]

The treasurer of any county issuing bonds as aforesaid shall create a fund to be known and designated as the county highway sinking fund, and on the first day of July of each and every year in which a parcel of the bonds sold pursuant to the provisions of this article shall become due, shall transfer from said general fund to said county highway sinking fund such amount of money as may be required to pay the principal of the bonds so becoming due and payable in such years. As the same becomes due, the principal of all such bonds sold shall be paid from such county highway sinking fund, and as the same becomes due the interest on all bonds sold shall be paid from said interest fund. Both principal and interest shall be paid upon warrants drawn by the board of county commissioners upon the county treasurer, and the faith of the county issuing any such bonds shall be pledged for the payment of the principal of said bonds so sold and the interest accruing thereon.
History:
Laws 1912, ch. 79, § 6; Code 1915, § 2688; C.S. 1929, § 64-906; 1941 Comp., § 58-506; 1953 Comp., § 55-5-6.
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.
Redemption of bond coupons.
— County treasurer, upon presentation to him for payment of coupons detached from bonds issued by the county, should immediately redeem them without waiting until county commissioners issue warrants for payment thereof. 1916 Op. Att'y Gen. No. 16-1768.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 64 Am. Jur. 2d Public Securities and Obligations § 12.
2023 New Mexico Statutes › Chapter 67 - Highways › Article 6 - County Highways and Bridge Bonds › Section 67-6-7 - [Proceeds of bonds; payment into county road fund.]

Immediately after the sale of bonds, as in this article provided, the county treasurer shall pay into the county treasury and cause to be placed in the county road fund the total amount received for said bonds, and the moneys placed in the said county road fund pursuant to the provisions of this article shall be used exclusively for the construction and repair of roads and bridges within the limits of the county.
History:
Laws 1912, ch. 79, § 7; Code 1915, § 2689; C.S. 1929, § 64-907; 1941 Comp., § 58-507; 1953 Comp., § 55-5-7.
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.
2023 New Mexico Statutes › Chapter 67 - Highways › Article 7 - Obstructions and Injuries to Highways › Section 67-7-1 - [Obstructing roads; penalties.]

It shall hereafter be unlawful for any person or persons to in any manner obstruct any public road in this state, by putting therein or thereon any obstruction whatsoever, and all persons convicted of a violation of this section shall upon conviction before any court of competent jurisdiction be fined in any sum not to exceed fifty dollars ($50.00) or be imprisoned in the county jail for a period not to exceed thirty days, and pay all the costs of prosecution, or both such fine and imprisonment at the discretion of the court trying the cause.
History:
Laws 1903, ch. 58, § 2; Code 1915, § 2698; C.S. 1929, § 64-1307; 1941 Comp., § 58-602; 1953 Comp., § 55-6-2.
ANNOTATIONS
Cross references.
— For construction of cattle guards where private fences cross school bus routes,
see
22-16-8 NMSA 1978.
For unlawful permitting of animals on highways,
see
30-8-13 NMSA 1978.
For placing of equipment by utilities upon highways,
see
62-1-2 NMSA 1978.
Belief road private not to be considered.
— In prosecuting violations of this statutory offense, the intent or belief that the road was a private one is not to be considered by the courts.
State v. Brown
, 1963-NMSC-127, 72 N.M. 274, 383 P.2d 243.
This section prohibits placing structures on highways
for which prosecutions may be had through the district attorney, and the commission has full control in such matters. 1938 Op. Att'y Gen. No. 38-1946.
Prosecution for obstruction with gate.
— A person may be prosecuted under this section for obstructing a public road by means of a gate. 1916 Op. Att'y Gen. No. 16-1857.
Gates are obstructions to roads.
1915 Op. Att'y Gen. No. 15-1704.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
39 Am. Jur. 2d Highways, Streets and Bridges §§ 273, 274.
Right or duty of highway contractor as to barricading street or highway, 7 A.L.R. 1203, 104 A.L.R. 955.
Closing or obstructing street temporarily to permit its use for purposes of sport or entertainment, 34 A.L.R. 270.
Liability for injury due to condition of part of street occupied by street railway, 54 A.L.R. 1291.
Public contractor's liability to property owner for obstructing street, 68 A.L.R. 1510.
Attracting people in such numbers as to obstruct access to the neighboring premises, as nuisance, 2 A.L.R.2d 437.
Duty of highway construction contractor to provide temporary way or detour around obstruction, 29 A.L.R.2d 876.
Liability for injuries occasioned by falling of awning or the like, 34 A.L.R.2d 486.
Liability of private landowner for vegetation obscuring view at highway or street intersection, 69 A.L.R.4th 1092.
Measure and elements of damages for injury to bridge, 31 A.L.R.5th 171.
40 C.J.S. Highways §§ 231, 248.
2023 New Mexico Statutes › Chapter 67 - Highways › Article 7 - Obstructions and Injuries to Highways › Section 67-7-2 - [Obstructions and damage to highways and bridges prohibited.]

No person or persons shall erect any fence, house or other structure, or dig pits or holes in or upon any highway or place thereon any stone, timber, trees or any obstruction whatsoever; and no person or persons shall tear down, burn or otherwise damage any bridge of any highway, or cause waste water or the water from any ditch, road, drain or flume to flow in or upon any road or highway so as to damage the same.
History:
Laws 1905, ch. 124, § 36; Code 1915, § 2701; C.S. 1929, § 64-1310; 1941 Comp., § 58-603; 1953 Comp., § 55-6-3.
ANNOTATIONS
Cross references.
— For criminal trespass,
see
30-14-1 NMSA 1978.
For criminal damage to property,
see
30-15-1 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
39 Am. Jur. 2d Highways, Streets and Bridges §§ 273 to 281.
40 C.J.S. Highways § 221.
2023 New Mexico Statutes › Chapter 67 - Highways › Article 7 - Obstructions and Injuries to Highways › Section 67-7-3 - [Fords; obstructions and damage; penalties; toll bridges prohibited.]

When any public road heretofore laid out or traveled as such or hereafter to be laid out or traveled, crosses any creek or stream of water, and such stream during any part of the year is usually fordable where such road passes the same, the said ford and the banks of the stream adjacent thereto, and the roadway or tract usually traveled leading thereto, from such highway, shall be deemed and be taken to be part of such highway, and any person who shall obstruct such ford, or the road leading thereto, or shall dig down the banks of such ford, or who shall erect any dam, or any embankment or other obstruction in such stream, or wingdam or other obstruction on the banks of such stream, for the purposes of raising the water of such stream upon the said ford, so as to render the said ford impassable, or more difficult of passage than heretofore, or who shall maintain any such dam, wingdam, embankment or obstruction heretofore erected, after being by the county road board of district notified to remove or abate the same, shall be liable to the penalties prescribed in the following section [67-7-4 NMSA 1978] for obstructing the public highway, and no person or corporation upon any pretense or authority, shall be permitted to erect a toll bridge over any stream at or upon a public ford, or road crossing, or so near thereto, as by the abutments, embankments or piers of such bridge, to obstruct or render impassable the said ford, or roadway leading thereto.
History:
Laws 1905, ch. 124, § 22; Code 1915, § 2699; C.S. 1929, § 64-1308; 1941 Comp., § 58-604; 1953 Comp., § 55-6-4.
ANNOTATIONS
Compiler's notes.
— The 1915 Code compilers substituted the words "penalties prescribed in the following section" for the words "same penalties hereinafter prescribed."
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 §§ 221, 229.
2023 New Mexico Statutes › Chapter 67 - Highways › Article 7 - Obstructions and Injuries to Highways › Section 67-7-4 - [Dams causing overflow or injuring bridges prohibited; damages; penalty.]

No person or persons, corporation or company, shall dam the waters of any stream so as to cause the same to overflow any road, or damage or weaken the abutments, walls or embankments of any bridge or any highway. Any person or persons, corporation or company, violating any of the provisions of this section shall forfeit the sum of fifty dollars [($50.00)] to the county as a penalty, and shall be liable to the county and to any person or persons, corporation or company for any damages resulting therefrom.
History:
Laws 1905, ch. 124, § 37; Code 1915, § 2700; C.S. 1929, § 64-1309; 1941 Comp., § 58-605; 1953 Comp., § 55-6-5.
ANNOTATIONS
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.
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. —
39 Am. Jur. 2d Highways, Streets and Bridges §§ 280, 299, 362, 455.
40 C.J.S. Highways §§ 221, 229.
2023 New Mexico Statutes › Chapter 67 - Highways › Article 7 - Obstructions and Injuries to Highways › Section 67-7-5 - [Fines; penalties; forfeitures; action of debt to recover.]

All fines, penalties and forfeitures incurred under any provisions of Sections 67-7-3, 67-7-4 and 67-7-2 NMSA 1978, except as otherwise provided, shall be recoverable by an action of debt in the name of the people of the state of New Mexico in any court of competent jurisdiction.
History:
Laws 1905, ch. 124, § 40; Code 1915, § 2702; C.S. 1929, § 64-1311; 1941 Comp., § 58-606; 1953 Comp., § 55-6-6.
ANNOTATIONS
Compiler's notes.
— The specific statutory references in this section, which formerly referred to "Sections 2699, 2700 and 2701," were substituted by the 1915 Code compilers for "this act."
The 1915 Code compilers omitted the words "and the county treasurer shall set the same apart to the district wherein the same accrued," at the end of the section.
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 §§ 228, 229.
2023 New Mexico Statutes › Chapter 67 - Highways › Article 7 - Obstructions and Injuries to Highways › Section 67-7-6 - [Irrigation or drainage water overflowing highway; penalty.]

Any farmer, mayordomo of acequia or other person having charge of irrigation or drainage waters, who, through neglect, oversight, carelessness or design, shall allow irrigation or drainage waters to flow upon any public highway so as to hinder, delay or obstruct travel, or any person, who, through neglect, oversight, carelessness or design, shall allow water to flow from any reservoir, tank or watering trough upon any public highway, so as to hinder, delay or obstruct travel, shall be deemed guilty of a misdemeanor and upon conviction shall be fined in any sum not to exceed twenty-five dollars ($25.00).
History:
Laws 1917, ch. 100, § 1; C.S. 1929, § 64-1305; 1941 Comp., § 58-607; 1953 Comp., § 55-6-7.
ANNOTATIONS
Cross references.
— For repairs required to prevent overflow,
see
72-8-2 NMSA 1978.
Failure to construct waterway under highway.
— A landowner, who has conveyed a strip of land through her property to the highway commission (state transportation commission) for a road, without any conditions or reservations, and had at the time no ditches to convey water from one side of the road to the other, has no claim for damages against the contractor constructing the highway for not leaving a waterway under the roadbed.
De Montoya v. Lee-Moor Contracting Co.
, 1932-NMSC-012, 36 N.M. 109, 9 P.2d 140.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 39 Am. Jur. 2d Highways, Streets and Bridges § 479.
40 C.J.S. Highways §§ 221, 229.
2023 New Mexico Statutes › Chapter 67 - Highways › Article 7 - Obstructions and Injuries to Highways › Section 67-7-7 - [Water overflowing highway; liability for damages.]

Any farmer, mayordomo of acequia or other person having charge of irrigation or drainage waters, who, through neglect, oversight, carelessness or design, shall allow irrigation or drainage waters to flow upon any public highway, so as to hinder, delay or obstruct travel, or any person who, through neglect, oversight, carelessness or design shall allow water to flow from any reservoir, tank or watering trough upon any public highway, so as to hinder, delay or obstruct travel, shall be liable to any person, corporation or copartnership for any delay, deterioration or damage to any field, beast of burden, freight or commodity caused by reason of such water flowing upon the public highway.
History:
Laws 1917, ch. 100, § 2; C.S. 1929, § 64-1306; 1941 Comp., § 58-608; 1953 Comp., § 55-6-8.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 39 Am. Jur. 2d Highways, Streets and Bridges §§ 312 to 320.
Liability of state, municipality or public agency for vehicle accident occurring because of accumulation of water on street or highway, 61 A.L.R.2d 425.
40 C.J.S. Highways § 218.
2023 New Mexico Statutes › Chapter 67 - Highways › Article 7 - Obstructions and Injuries to Highways › Section 67-7-8 - [Irrigation ditches crossing roads; bridges.]

If any person or persons, or mayordomos of acequias, should have to make ditches across the roads to pass the water to their fields, gardens or mills, they shall construct a bridge sufficiently wide and strong for loaded wagons or carts to pass over, so that no obstruction will be placed in the way of the mail or any other passenger, nor any of those that may have to travel over said roads with their crops or other affairs of their houses.
History:
Laws 1860-1861, p. 82; C.L. 1865, ch. 96, § 8; C.L. 1884, § 1293; C.L. 1897, § 1860; Code 1915, § 2692; C.S. 1929, § 64-1303; 1941 Comp., § 58-609; 1953 Comp., § 55-6-9.
ANNOTATIONS
Cross references.
— For mayordomos to construct bridge,
see
73-2-43 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
39 Am. Jur. 2d Highways, Streets and Bridges § 479.
40 C.J.S. Highways § 221.
2023 New Mexico Statutes › Chapter 67 - Highways › Article 7 - Obstructions and Injuries to Highways › Section 67-7-9 - [Ditches; drains; flumes; bridges required; penalty.]

Any person or persons, corporation or company, owning or constructing any ditch, raise, drain, flume, in, upon or across any highway shall keep the highway open for safe and convenient travel, by constructing bridges over such ditch, raise, drain or flume, or by providing other safe and convenient way across or around the said ditch; and within five days after any ditch is constructed across, in or upon any highway, at any point thereof, so as to interfere with or obstruct such highway, the person or persons owning or constructing such ditch shall erect a good and substantial bridge across the same, which shall thereafter be maintained by the county. Any person or persons, corporation or company constructing any ditch, raise, drain, flume, in, upon or across any highway, and failing to keep the highway open for safe and convenient travel, shall forfeit the sum of twenty-five dollars [($25.00)] to the county. And any person or persons, corporation or company, who shall fail to erect a good, substantial bridge across any ditch, raise, drain or flume within five days after the same is constructed in, upon or across any highway, shall forfeit the sum of twenty-five dollars [($25.00)] to the county, together with the cost of constructing there a good and substantial bridge which the county road board shall at once proceed to build, and shall also be liable in damages to any person or persons damaged by such neglect.
History:
Laws 1905, ch. 124, § 38; Code 1915, § 2693; C.S. 1929, § 64-1304; 1941 Comp., § 58-610; 1953 Comp., § 55-6-10.
ANNOTATIONS
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.
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."
This section may be superseded by 72-8-2 NMSA 1978 which permits the county commissioners to construct the bridge if not built by the owner of the ditch within three days, and provides for recovery of the cost of the bridge by civil action.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
39 Am. Jur. 2d Highways, Streets and Bridges § 479.
40 C.J.S. Highways §§ 221, 229.
2023 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.
ANNOTATIONS
Cross 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.
2023 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.
ANNOTATIONS
Commission 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.
2023 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.
ANNOTATIONS
State 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.
2023 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.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
39 Am. Jur. 2d Highways, Streets and Bridges § 530.
2023 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.
ANNOTATIONS
It 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.
2023 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.
2023 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.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
39A C.J.S. Highways § 157.
2023 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.
ANNOTATIONS
Cross 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.
2023 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.
ANNOTATIONS
Legislative 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.
2023 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.
ANNOTATIONS
State 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.
2023 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.
ANNOTATIONS
Cross 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.
2023 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.
ANNOTATIONS
Severability 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.
2023 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.
ANNOTATIONS
The 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.
2023 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.
ANNOTATIONS
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. —
39 Am. Jur. 2d Highways, Streets and Bridges §§ 292, 453, 457.
40 C.J.S. Highways §§ 231, 248.
2023 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.
ANNOTATIONS
The 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.
2023 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.
ANNOTATIONS
Cross 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.
2023 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.
2023 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.
2023 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.
ANNOTATIONS
Severability clauses.
— Laws 1979, ch. 166, § 17, provides for the severability of the act if any part or application thereof is held invalid.
2023 New Mexico Statutes › Chapter 67 - Highways › Article 9 - Scenic, Historical and Other State Highways › Section 67-9-1 - [Scenic highway from Santa Fe to Las Vegas; establishment; route.]

There is hereby established a public wagon road from the city limits of Santa Fe, in the county of Santa Fe, to the city limits of Las Vegas, county of San Miguel, which said road shall be constructed over the most feasible route through or near the canon of the Santa Fe river from the courthouse in the city of Santa Fe, county of Santa Fe, state of New Mexico, over the mountain range at the most practicable place to the east of said city and from thence on the route which may be most practicable, as well as most direct, to the courthouse in Las Vegas, in the county of San Miguel in the state of New Mexico.
History:
Laws 1903, ch. 56, § 1; Code 1915, § 2716; C.S. 1929, § 64-1610; 1941 Comp., § 58-801; 1953 Comp., § 55-8-1.
ANNOTATIONS
Compiler's notes.
— Laws 1917, ch. 38, § 25, is a repealing clause which provides that Laws 1917, ch. 38, found principally in Articles 3 and 4 of this chapter, shall not be construed as repealing Code 1915, §§ 2707 to 2718, the provisions of which are presently compiled as 67-9-1 to 67-9-6 NMSA 1978.
2023 New Mexico Statutes › Chapter 67 - Highways › Article 9 - Scenic, Historical and Other State Highways › Section 67-9-2 - [El Camino Real; establishment; route.]

There is hereby established a public highway through the state of New Mexico, to be known as "El Camino Real," which said highway shall have for its northern terminus a point in the Raton mountains on the state line between Colorado and New Mexico, where the old Barlow and Sanderson stage road, known as the "Santa Fe Trail" crossed the state line, running thence in a southerly direction and following the old Santa Fe Trail as nearly as practicable through the city of Raton, the town of Cimarron, to the village of Rayado; thence to the town of Ocate; thence to the town of Mora; thence to the city of Las Vegas; thence following the route of the highway established by Chapter 56 of the Session Laws of 1903, and known as the Scenic Route to Santa Fe, the capital of the state of New Mexico; thence in a southerly direction via the town of Cerrillos to San Pedro; thence to the city of Albuquerque by the most feasible and picturesque route; thence south, crossing the Rio Grande at the town of Barelas, through the counties of Bernalillo, Valencia and Socorro, through the towns of Los Lunas, Belen, Socorro, San Antonio, San Marcial, to Engle; thence in a southerly direction across the Jornado del Muerto to a point near old Fort Selden; thence in a southerly direction, upon the high lands adjacent to the valley of the lower Rio Grande, reaching the towns of Dona Ana, Las Cruces and Mesilla Park, to the place known as Anthony, on the state line between the state of New Mexico and the state of Texas.
History:
Laws 1905, ch. 7, § 1; Code 1915, § 2707; C.S. 1929, § 64-1601; 1941 Comp., § 58-802; 1953 Comp., § 55-8-2.
ANNOTATIONS
Meaning of "Chapter 56".
— The term "Chapter 56 of the Session Laws of 1903" refers to Laws 1903, ch. 56, the provisions of which are compiled as 67-9-1 NMSA 1978.
2023 New Mexico Statutes › Chapter 67 - Highways › Article 9 - Scenic, Historical and Other State Highways › Section 67-9-3 - [Construction and maintenance by cities and towns.]

In incorporated cities and towns along said public highway, the municipal authorities shall construct and maintain said public highway.
History:
Laws 1905, ch. 7, § 7; Code 1915, § 2713; C.S. 1929, § 64-1607; 1941 Comp., § 58-803; 1953 Comp., § 55-8-3.
2023 New Mexico Statutes › Chapter 67 - Highways › Article 9 - Scenic, Historical and Other State Highways › Section 67-9-4 - [Bridges and culverts; timber, stone or concrete.]

So far as practicable all bridges and culverts along said public highway shall be constructed of timber, stone or concrete, and no structural iron shall be used in the construction of any bridge except where absolutely necessary.
History:
Laws 1905, ch. 7, § 8; Code 1915, § 2714; C.S. 1929, § 64-1608; 1941 Comp., § 58-804; 1953 Comp., § 55-8-4.
2023 New Mexico Statutes › Chapter 67 - Highways › Article 9 - Scenic, Historical and Other State Highways › Section 67-9-5 - [Monuments; convict labor.]

At suitable points along said public highway, and at places of historic interest, there shall be erected stone monuments commemorative thereof, which said monuments shall be erected by labor of penitentiary convicts.
History:
Laws 1905, ch. 7, § 9; Code 1915, § 2715; C.S. 1929, § 64-1609; 1941 Comp., § 58-805; 1953 Comp., § 55-8-5.
2023 New Mexico Statutes › Chapter 67 - Highways › Article 9 - Scenic, Historical and Other State Highways › Section 67-9-6 - Survey for western extension of [El] Camino Real.

The state transportation commission is hereby authorized to cause a survey to be made for the purpose of determining the most feasible route for the establishment and location of a western extension of El Camino Real from a point at or near the town of Los Lunas in the county of Valencia, running thence in a northwesterly direction to the Indian town of Laguna; thence passing through or near the towns of Cubero, Grants, or San Rafael and Blue Water, in the county of Valencia and Fort Wingate and Gallup in the county of McKinley to a point on the boundary line between New Mexico and Arizona near the town of St. Michaels.
The commission is further authorized and directed to select, locate and lay out the western extension.
History:
Laws 1913, ch. 25, § 1; Code 1915, § 2717; C.S. 1929, § 64-1611; 1941 Comp., § 58-806; 1953 Comp., § 55-8-6; 2003, ch. 142, § 81.
ANNOTATIONS
Bracketed material.
— The bracketed material in the section heading was inserted by the compiler. It was not enacted by the legislature and is not part of the law.
The 2003 amendment,
effective July 1, 2003, added the section heading; and substituted "state transportation commission" for "state highway commission".
2023 New Mexico Statutes › Chapter 67 - Highways › Article 9 - Scenic, Historical and Other State Highways › Section 67-9-7 - Highways; United States route 66; dual designation.

All remaining portions of former United States route 66 under state highway and transportation department jurisdiction that are currently used in New Mexico shall be designated as "New Mexico Route 66".
History:
Laws 1999, ch. 194, § 1.
ANNOTATIONS
Effective dates.
— Laws 1999, ch. 194 contains no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, is effective on June 18, 1999, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 67 - Highways › Article 9 - Scenic, Historical and Other State Highways › Section 67-9-8 - Temporary provision; highways; United States route 66; signs.

The state highway and transportation department shall conduct an inventory of all current New Mexico state highway designation signs on former United States route 66 and add a second designation sign reading "New Mexico Route 66", contingent upon funding pursuant to the federal Transportation Equity Act for the 21st Century, the National Scenic Byways Program and other sources. The state highway and transportation department, working with the New Mexico route 66 association and the New Mexico route 66 scenic byway coordinator in the economic development department, shall add the secondary designation "New Mexico Route 66" to all official maps of the state of New Mexico and shall complete its survey and addition of all signs prior to January 1, 2001 in celebration of the seventy-fifth anniversary of United States route 66.
History:
Laws 1999, ch. 194, § 2.
ANNOTATIONS
Effective dates.
— Laws 1999, ch. 194 contains no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, is effective on June 18, 1999, 90 days after adjournment of the legislature.
Compiler's notes.
— The federal Transportation Equity Act for the 21st Century was enacted June 9, 1998, as Public Law 105-178 and is compiled throughout the U.S. Code.
The National Scenic Byways Program may be found in Title 23 of the U.S. Code.