reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 67 - Highways › Article 10 - Toll Roads, Bridges and Ferries › Section 67-10-2 - Rates and tolls; appeals.

A corporation may, after the completion of a wagon road or any part thereof and after the completion of a bridge or ferry for and by the traveling public, apply by petition in writing to the board of county commissioners of the county in or through which the road, bridge or ferry is or has been constructed, for rates, prices and tolls to be charged and collected from the traveling public using and traveling on the toll road, bridge or ferry, which petition shall state facts in reference to a road, bridge or ferry as will be sufficient to inform the board of county commissioners as to enable the board of county commissioners to fix the rates, tolls and charges, equal and just between the corporation owning the road, bridge or ferry and the traveling public using the same, and the rates, tolls and charges so fixed shall remain the same for two years. At the expiration of each two years, the corporation shall petition as aforesaid for the fixing of the rates, tolls and charges by the board of county commissioners. In case the corporation is dissatisfied with the rates, tolls and charges fixed by the board, it may appeal to the district court pursuant to the provisions of Section 39-3-1.1 NMSA 1978.
History:
Laws 1891, ch. 44, § 2; C.L. 1897, § 1866; Code 1915, § 2720; C.S. 1929, § 64-1702; 1941 Comp., § 58-902; 1953 Comp., § 55-9-2; Laws 1998, ch. 55, § 81; 1999, ch. 265, § 82.
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 the last sentence.
The 1998 amendment,
effective September 1, 1998, rewrote the second and third sentences and made minor stylistic changes throughout the section.
Compiler's notes.
— In Laws 1891, ch. 44, § 2, "county clerk of the county" read "clerk of the probate court of the county."
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 40 Am. Jur. 2d Highways, Streets and Bridges § 620.
11 C.J.S. Bridges § 65 et seq.
2023 New Mexico Statutes › Chapter 67 - Highways › Article 10 - Toll Roads, Bridges and Ferries › Section 67-10-3 - [Receipt of rates, tolls and charges; using tollway without payment; penalty.]

That any such corporation so constructing, keeping and maintaining any such wagon road, bridge or ferry shall have power and authority to charge, receive and collect the rates, tolls and charges fixed, as aforesaid, from any person or persons, companies or corporations so using such road, bridge or ferry, and to prohibit any such persons from using the same until the rates, tolls and charges are paid or tendered; and any such persons using or attempting to use the same until the rates, tolls and charges are so paid or tendered shall be deemed guilty of a misdemeanor, and on conviction thereof before any justice of the peace [magistrate] having jurisdiction shall be fined in any sum, for each offense, not less than five dollars [($5.00)], nor more than ten dollars [($10.00)], said fine to go to the public school fund of the county.
History:
Laws 1891, ch. 44, § 3; C.L. 1897, § 1867; Code 1915, § 2721; C.S. 1929, § 64-1703; 1941 Comp., § 58-903; 1953 Comp., § 55-9-3.
ANNOTATIONS
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.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
40 Am. Jur. 2d Highways, Streets and Bridges § 620.
11 C.J.S. Bridges § 65 et seq.
2023 New Mexico Statutes › Chapter 67 - Highways › Article 10 - Toll Roads, Bridges and Ferries › Section 67-10-4 - [Owners of toll road, bridge or ferry; liability in damages.]

That the corporation and the individual owners of any such wagon road, bridge or ferry shall be liable in damages to any person so using the same, for any injuries to person or property caused by the neglect, fault or omission to keep said road, bridge or ferry in good and safe condition, which damages may be recovered by law by any court having jurisdiction of the amount in controversy.
History:
Laws 1891, ch. 44, § 4; C.L. 1897, § 1868; Code 1915, § 2722; C.S. 1929, § 64-1704; 1941 Comp., § 58-904; 1953 Comp., § 55-9-4.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
39 Am. Jur. 2d Highways, Streets and Bridges § 158; 40 Am. Jur. 2d Highways, Streets and Bridges §§ 625, 627.
Contributory negligence of one injured because of lack or insufficiency of lights, 47 A.L.R. 358.
Ferry operator's duty as regards automobiles or their occupants, 82 A.L.R. 798.
Liability for negligence of public body or political subdivision operating toll bridge, 43 A.L.R.2d 550.
Measure and elements of damages for injury to bridge, 31 A.L.R.5th 171.
11 C.J.S. Bridges § 60.
2023 New Mexico Statutes › Chapter 67 - Highways › Article 11 - Controlled-Access Facilities › Section 67-11-1 - Definition of a controlled-access facility.

As used in this act [67-11-1 to 67-11-10 NMSA 1978], "controlled-access facility" means a highway or street especially designed for through traffic and over, from or to which owners or occupants of abutting land or other persons have no right or easement or only a controlled right or easement of access, light, air or view by reason of the fact that their property abuts upon such controlled-access facility or for any other reason. Such highways or streets may be freeways open to use by all customary forms of street and highway traffic or they may be parkways from which trucks, busses and other commercial vehicles shall be excluded.
History:
1953 Comp., § 55-10-1, enacted by Laws 1957, ch. 234, § 1.
ANNOTATIONS
Purpose and nature of provisions.
— The Access Condemnation Statute (67-11-1 to 67-11-10 NMSA 1978) is merely enabling legislation, designed to permit the highway commission (now state transportation commission) to meet standards required by federal law, and is permissive, not mandatory.
State ex rel. State Highway Comm'n v. Danfelser
, 1963-NMSC-138, 72 N.M. 361, 384 P.2d 241, cert. denied, 375 U.S. 969, 84 S. Ct. 487, 11 L. Ed. 2d 416 (1964).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
39 Am. Jur. 2d Highways, Streets and Bridges §§ 178, 179, 181, 182.
39A C.J.S. Highways § 141.
2023 New Mexico Statutes › Chapter 67 - Highways › Article 11 - Controlled-Access Facilities › Section 67-11-2 - Authority of state transportation commission.

The state transportation commission is authorized and directed to do those things essential to plan, acquire by reasonable purchase or condemnation and construct a section or a part of a state or federally designated highway as a freeway or controlled access highway or to make any existing state or federally designated highway a freeway or a controlled-access highway.
History:
1953 Comp., § 55-10-2, enacted by Laws 1957, ch. 234, § 2; 2003, ch. 142, § 82.
ANNOTATIONS
The 2003 amendment,
effective July 1, 2003, substituted "state transportation commission" for "state highway commission" in the section heading and the section.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
39 Am. Jur. 2d Highways, Streets and Bridges §§ 32, 34, 207.
40 C.J.S. Highways § 179.
2023 New Mexico Statutes › Chapter 67 - Highways › Article 11 - Controlled-Access Facilities › Section 67-11-3 - Agreement to reroute streets or county highways.

The state transportation commission is authorized and directed to enter into an agreement with the authority exercising jurisdiction over the street or highway and, in accordance with the terms of this agreement, when essential, to close any street or highway or to reroute such street or highway over and under or to reroute to a connection with the freeway or controlled-access highway.
History:
1953 Comp., § 55-10-3, enacted by Laws 1957, ch. 234, § 3; 2003, ch. 142, § 83.
ANNOTATIONS
Cross references.
— For highway bypasses or relocation projects, consent of persons affected required,
see
67-3-61 NMSA 1978.
The 2003 amendment,
effective July 1, 2003, 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 §§ 130 to 137.
40 C.J.S. Highways § 243.
2023 New Mexico Statutes › Chapter 67 - Highways › Article 11 - Controlled-Access Facilities › Section 67-11-4 - Design of controlled-access facility.

The highway authorities of the state or of any county, city, town or village are authorized to so design any controlled-access facility and to so regulate, restrict or prohibit access as to best serve the traffic for which such facility is intended. In this connection such highway authorities are authorized to divide and separate any controlled-access facility into separate roadways by the construction of raised curbings, central dividing sections or other physical separations, or by designating such separate roadways by signs, markers, stripes and the proper lane for such traffic by appropriate signs, markers, stripes and other devices. No person shall have right of ingress or egress to, from or across controlled-access facilities to or from abutting lands except at such designated points at which access may be specified.
History:
1953 Comp., § 55-10-4, enacted by Laws 1957, ch. 234, § 4.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
39A C.J.S. Highways § 70.
2023 New Mexico Statutes › Chapter 67 - Highways › Article 11 - Controlled-Access Facilities › Section 67-11-6 - Preference of condemnation cases.

Court proceedings necessary to acquire property or property rights for purposes of this act [67-11-1 to 67-11-10 NMSA 1978] shall take precedence over all other causes not involving the public interest in all courts, to the end that the provision of controlled-access facilities may be expedited.
History:
1953 Comp., § 55-10-6, enacted by Laws 1957, ch. 234, § 6.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
40 Am. Jur. 2d Highways, Streets and Bridges § 625.
2023 New Mexico Statutes › Chapter 67 - Highways › Article 11 - Controlled-Access Facilities › Section 67-11-7 - New or existing facilities; elimination of grade crossings.

The state highway commission, alone, or in agreement with any county, city, town or village may designate and establish controlled-access highways as new and additional facilities or may designate and establish existing streets or highways as included within a controlled-access facility. The state or any of its subdivisions shall have authority to provide for the elimination of intersections at grade or controlled-access facilities with existing state and county roads and city or town or village streets, by grade separation or service road, or by closing off such roads and streets at the right-of-way boundary line of such controlled-access facility; and after the establishment of any controlled-access facility, no highway or street which is not part of said facility shall intersect the same at grade. No city, town or village street, county or state highway or other public way shall be opened into or connected with any such controlled-access facility without the consent and previous approval of the state highway commission. Such consent and approval shall be given only if the public interest shall be served thereby.
History:
1953 Comp., § 55-10-7, enacted by Laws 1957, ch. 234, § 7.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
39 Am. Jur. 2d Highways, Streets and Bridges §§ 56 to 59.
39A C.J.S. Highways § 96.
2023 New Mexico Statutes › Chapter 67 - Highways › Article 11 - Controlled-Access Facilities › Section 67-11-8 - Authority of local units to enter into agreements.

The highway authorities of the state, city, county, town or village are authorized to enter into agreements with each other, or with the federal government, respecting the financing, planning, establishment, improvement, maintenance, use, regulation or vacation of controlled-access facilities or other public ways in their respective jurisdictions, to facilitate the purposes of this act [67-11-1 to 67-11-10 NMSA 1978].
History:
1953 Comp., § 55-10-8, enacted by Laws 1957, ch. 234, § 8.
2023 New Mexico Statutes › Chapter 67 - Highways › Article 11 - Controlled-Access Facilities › Section 67-11-9 - Commercial enterprises or activities.

Commercial enterprises or activities may be conducted, permitted or authorized on department-owned land or land leased to or from the department, not including interstate highway rights of way, but including controlled-access facilities; or land owned or leased to or from the state, a county, city, town or village highway authority or by any other governmental agency for the purpose of providing goods and services to the public, including gasoline service stations or other commercial establishments that may be built on department-owned land or the property acquired for or in connection with the controlled-access facilities. In connection with the development of any department-owned land, including a controlled-access facility, the state, county, city, town or village highway authorities are authorized to plan, designate, establish, use, regulate, alter, improve, maintain and vacate local service roads and streets or to designate as local service roads and streets any existing road or street in such manner as to facilitate the establishment and operation of competitive gasoline service stations and other commercial enterprises on private property abutting the service roads and streets. The state transportation commission is authorized to exercise jurisdiction over service roads and streets in the same manner as is authorized over controlled-access facilities under the terms of Chapter 67, Article 11 NMSA 1978. The local service roads and streets shall be of appropriate design and shall be separated from the controlled-access facility proper by means of all devices designated as necessary or desirable by the proper authority.
History:
1953 Comp., § 55-10-9, enacted by Laws 1957, ch. 234, § 9; 2003, ch. 142, § 85; 2005, ch. 122, § 2.
ANNOTATIONS
The 2005 amendment,
effective June 17, 2005, permitted commercial enterprises or activities to be conducted on property of the department of transportation to provide goods and services to the public.
The 2003 amendment,
effective July 1, 2003, substituted "state transportation commission" for "state highway commission"; and substituted "Chapter 67, Article 11 NMSA 1978" for "this act".
Am. Jur. 2d, A.L.R. and C.J.S. references. —
39 Am. Jur. 2d Highways, Streets and Bridges § 253.
40 C.J.S. Highways § 244.
2023 New Mexico Statutes › Chapter 67 - Highways › Article 11 - Controlled-Access Facilities › Section 67-11-10 - Unlawful use of controlled-access facilities; penalties.

A. It is unlawful for any person:
(1) to drive a vehicle over, upon or across any curb, central dividing section or other separation or dividing line on controlled-access facilities; or
(2) to make a left turn or a semicircular or u-turn except through an opening provided for that purpose in the dividing curb section, separation or line; or
(3) to drive any vehicle except in the proper lane provided for that purpose and in the proper direction and to the right of the central dividing curb, separation, section or line; or
(4) to drive any vehicle into the controlled-access facility from a local service road except through an opening provided for that purpose in the dividing curb or dividing section or dividing line which separates such service road from the controlled-access facility proper.
B. Any person who violates any of the provisions of this section is guilty of a misdemeanor, and upon conviction shall be punished by a fine of not more than one hundred dollars ($100) nor less than five dollars ($5.00) or by imprisonment in the county jail for not more than ninety days nor less than five days, or by both fine and imprisonment in the discretion of the judge.
History:
1953 Comp., § 55-10-10, enacted by Laws 1957, ch. 234, § 10.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
40 Am. Jur. 2d Highways, Streets and Bridges §§ 604, 605.
40 C.J.S. Highways §§ 244, 248.
2023 New Mexico Statutes › Chapter 67 - Highways › Article 12 - Highway Beautification › Section 67-12-1 - Short title.

This act [67-12-1 to 67-12-14 NMSA 1978] may be cited as the "Highway Beautification Act."
History:
1953 Comp., § 55-11-1, enacted by Laws 1966, ch. 65, § 1.
ANNOTATIONS
State Highway Beautification Act is constitutional.
National Adver. Co. v. State ex rel. N.M. State Highway Comm'n
, 1977-NMSC-101, 91 N.M. 191, 571 P.2d 1194.
Law reviews.
— For note, "Estoppel Applied Against the State,"
see
10 N.M.L. Rev. 501 (1980).
2023 New Mexico Statutes › Chapter 67 - Highways › Article 12 - Highway Beautification › Section 67-12-3 - Public policy.

In order to promote public safety, health, welfare, convenience and enjoyment of public travel, to protect the public investment in public highways and to preserve and enhance the scenic beauty of lands bordering public highways, it is the public policy of this state to regulate the erection and maintenance of outdoor advertising and the establishment, operation and maintenance of junkyards in areas adjacent to the interstate and primary systems in accordance with the Highway Beautification Act. The legislature finds that regulation of outdoor advertising and junkyards is for a highway purpose.
History:
1953 Comp., § 55-11-3, enacted by Laws 1966, ch. 65, § 3.
ANNOTATIONS
Act meets constitutionality test.
— The Highway Beautification Act meets the three-pronged test used to determine whether a time, place and manner restriction is valid: the act's restrictions on plaintiffs' exercise of their freedom of speech is justified without reference to the content of the regulated speech, its restrictions on plaintiffs' freedom of speech serve a significant governmental interest and the act leaves open ample alternative channels for communication of the information.
Stuckey's Stores, Inc. v. O'Cheskey
, 1979-NMSC-060, 93 N.M. 312, 600 P.2d 258, appeal dismissed, 446 U.S. 930, 100 S. Ct. 2145, 64 L. Ed. 2d 783 (1980).
2023 New Mexico Statutes › Chapter 67 - Highways › Article 12 - Highway Beautification › Section 67-12-7 - Outdoor advertising; safety rest areas; information centers.

In order to provide information in the specific interest of the traveling public, the commission may authorize outdoor advertising at safety rest areas and at information centers.
History:
1953 Comp., § 55-11-7, enacted by Laws 1966, ch. 65, § 7.
ANNOTATIONS
Regulation deemed proper exercise of police power.
— The regulation of outdoor advertising along interstate and primary highways is a reasonable and proper exercise of the police power.
Stuckey's Stores, Inc. v. O'Cheskey
, 1979-NMSC-060, 93 N.M. 312, 600 P.2d 258, appeal dismissed, 446 U.S. 930, 100 S. Ct. 2145, 64 L. Ed. 2d 783 (1980).
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 12 - Highway Beautification › Section 67-12-8 - Leases, franchises or concessions to individuals for private commercial operation of tourist information centers prohibited; penalty.

A. The state highway department or any lessee of highway department property shall not grant any lease, sublease, franchise or concession to any private person, corporation, association, partnership or firm for the purpose of operating any commercial tourist information center or similar tourist facility on lands owned or controlled by the state, without prior approval of the legislative finance committee.
B. Any lease, sublease, franchise or concession in violation of this section is void, and any person authorizing or executing such lease, sublease, franchise or concession on behalf of the state highway department or its lessee is guilty of a petty misdemeanor and, in addition to any §1 other penalty prescribed by law, shall be removed from public office.
History:
1953 Comp., § 55-11-7.1, enacted by Laws 1969, ch. 60, § 1.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 39 Am. Jur. 2d Highways, Streets and Bridges §§ 253, 254.
40 C.J.S. Highways § 244.
2023 New Mexico Statutes › Chapter 67 - Highways › Article 12 - Highway Beautification › Section 67-12-9 - Junkyards; license required.

A. No person shall establish, operate or maintain a junkyard, without first obtaining a junkyard license from the commission. The commission shall establish and collect uniform fees for the issuance of junkyard licenses. The fee shall not be more than the actual cost to the commission of enforcement and administration of the Highway Beautification Act, or ten dollars ($10.00) per year per junkyard, whichever is greater. The fees shall be paid to the state treasurer for credit to the state road fund.
B. No junkyard license shall be issued for the establishment, operation or maintenance of a junkyard except for junkyards:
(1) screened by natural objects, plantings, fences or other appropriate means so as not to be visible from the main-traveled way of the interstate or primary systems, or otherwise removed from sight, all in conformity with regulations relating thereto promulgated by the commission, if any; or
(2) located within areas zoned for industrial use under authority of law; or
(3) located within unzoned industrial areas as determined by actual land uses and defined by regulations promulgated by the commission; provided that no area shall be deemed to be an unzoned industrial area unless and until the commission has promulgated regulations defining same.
C. Nothing herein to the contrary withstanding, no junkyard lawfully in existence on the effective date of the Highway Beautification Act, which has continued to so exist and has had timely paid therefor all license fees required by the Highway Beautification Act shall be denied a junkyard license, if proper application is made and the requisite fee tendered therefor, until such junkyard has been screened or otherwise removed from sight by the commission at its expense.
D. Any fee for a junkyard license payable for the years 1966 through 1971 inclusive, shall be deemed timely paid if, but only if, the fee is received by the commission prior to July 1, 1971. For the year 1972 and every year thereafter, the license fee shall be deemed timely paid if, but only if, said fee is received by the commission on or before the first day of the year for which said fee is being paid. Failure of timely payment of said fee shall render the junkyard subject to removal, disposal and abatement by the commission without any compensation whatsoever, and at the cost of the owner thereof.
History:
1953 Comp., § 55-11-8, enacted by Laws 1966, ch. 65, § 8; 1971, ch. 108, § 5.
2023 New Mexico Statutes › Chapter 67 - Highways › Article 12 - Highway Beautification › Section 67-12-11 - Junkyards; abatement of nuisance.

The establishment, operation or maintenance of any junkyard contrary to the provisions of the Highway Beautification Act is a public nuisance. In addition to all other remedies and powers granted to the commission by the Highway Beautification Act, the commission may cause the public nuisance to be abated, by application to the district court of the county in which the subject junkyard is located, or otherwise as provided by law.
History:
1953 Comp., § 55-11-10, enacted by Laws 1966, ch. 65, § 10; 1971, ch. 108, § 7.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
39A C.J.S. Highways § 143.
2023 New Mexico Statutes › Chapter 67 - Highways › Article 12 - Highway Beautification › Section 67-12-12 - Powers of commission.

The commission may:
A. promulgate regulations it deems necessary to implement and enforce the Highway Beautification Act; and
B. enter into agreements with the secretary of commerce pursuant to Title 23, United States Code, relating to the control of outdoor advertising and junkyards in areas adjacent to the interstate and primary systems, and to take action in the name of the state to comply with the terms of the agreements.
History:
1953 Comp., § 55-11-11, enacted by Laws 1966, ch. 65, § 11.
ANNOTATIONS
Cross references.
— For Scenic Highway Zoning Act not to derogate powers under this act,
see
67-13-16 NMSA 1978.
2023 New Mexico Statutes › Chapter 67 - Highways › Article 12 - Highway Beautification › Section 67-12-13 - Construction of act.

Nothing in the Highway Beautification Act affects the provisions of any lawful ordinance or regulation which is more restrictive than the Highway Beautification Act.
History:
1953 Comp., § 55-11-12, enacted by Laws 1966, ch. 65, § 12; 1971, ch. 108, § 8.
ANNOTATIONS
Severability clauses.
— Laws 1971, ch. 108, § 10, provides for the severability of the act if any part or application thereof is held invalid.
2023 New Mexico Statutes › Chapter 67 - Highways › Article 12 - Highway Beautification › Section 67-12-14 - Acquisition of land for scenic beauty.

A. The commission may acquire and improve land necessary for the restoration, preservation and enhancement of scenic beauty within and adjacent to the interstate and primary systems, including acquisition for publicly owned and controlled rest and recreation areas and sanitary and other facilities within or adjacent to the right-of-way and reasonably necessary to accommodate the traveling public.
B. The interest in land acquired and maintained under this section may be the fee simple or any lesser interest determined by the commission to be reasonably necessary to accomplish the purposes of the Highway Beautification Act. The acquisition may be by gift, agreement, purchase, exchange, condemnation or otherwise. Acquisition through condemnation shall be in accordance with Sections 42-2-1 through 42-2-21 NMSA 1978.
C. Acquisition of any land under this section is for highway purpose.
History:
1953 Comp., § 55-11-14, enacted by Laws 1966, ch. 65, § 14.
ANNOTATIONS
Severability clauses.
— Laws 1966, ch. 65, § 17, provides for the severability of the act if any part or application thereof is held invalid.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
39 Am. Jur. 2d Highways, Streets and Bridges §§ 89, 168.
2023 New Mexico Statutes › Chapter 67 - Highways › Article 12 - Highway Beautification › Section 67-12-15 - Tree plantings along medians and public rights-of-way.

The commission shall, to the maximum extent practicable and with due consideration for safety, seek to arrange for tree plantings along all medians and public rights-of-way. The commission and the director of the forestry division of the energy, minerals and natural resources department shall coordinate efforts to arrange for tree plantings funded from the conservation planting revolving fund along medians and public rights-of-way.
History:
Laws 1991, ch. 18, § 1.
2023 New Mexico Statutes › Chapter 67 - Highways › Article 13 - Scenic Highway Zoning › Section 67-13-1 - Short title.

This act [67-13-1 to 67-13-16 NMSA 1978] may be cited as the "Scenic Highway Zoning Act."
History:
1953 Comp., § 55-14-1, enacted by Laws 1973, ch. 17, § 1.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
39 Am. Jur. 2d Highways, Streets and Bridges §§ 89, 168.
2023 New Mexico Statutes › Chapter 67 - Highways › Article 13 - Scenic Highway Zoning › Section 67-13-2 - Legislative declaration.

It is declared as a matter of legislative determination that:
A. the powers and duties provided in the Scenic Highway Zoning Act will serve a public use and will promote the health, safety, prosperity, security and general welfare of the inhabitants of New Mexico;
B. the operation of zoning ordinances and agreements authorized in the Scenic Highway Zoning Act is in the public interest and constitutes a part of the established and permanent policy of the state;
C. the scenic highway zones hereby authorized will be a special benefit to the property within and adjacent to them;
D. the notice provided in the Scenic Highway Zoning Act for each hearing and action to be taken is reasonably calculated to inform any person of interest in any proceedings hereunder which may directly and adversely affect his legally protected interests; and
E. for the accomplishment of these purposes, the provisions of the Scenic Highway Zoning Act shall be broadly construed.
History:
1953 Comp., § 55-14-2, enacted by Laws 1973, ch. 17, § 2.
2023 New Mexico Statutes › Chapter 67 - Highways › Article 13 - Scenic Highway Zoning › Section 67-13-3 - Definitions.

As used in the Scenic Highway Zoning Act:
A. "board" means a board of county commissioners;
B. "highway" means any United States highway, state highway or any combination of such highways used for vehicular traffic;
C. "person" means any human being, association, partnership, firm or corporation, excluding a public body and excluding the federal government;
D. "public body" means the state of New Mexico or any agency, instrumentality or corporation thereof, or any municipality, school district or other district or any other political subdivision of the state, excluding the federal government; and
E. "real property" means:
(1) land, including land under water;
(2) buildings, structures, fixtures and improvements on land;
(3) any property appurtenant to or used in connection with land; and
(4) every estate, interest, privilege, easement, franchise and right in land, legal or equitable, including without limiting the generality of the foregoing, rights-of-way, terms for years and liens and charges or encumbrances by way of judgment or otherwise, and the indebtedness secured by such liens.
History:
1953 Comp., § 55-14-3, enacted by Laws 1973, ch. 17, § 3.
2023 New Mexico Statutes › Chapter 67 - Highways › Article 13 - Scenic Highway Zoning › Section 67-13-4 - Creation of scenic highway zones.

The board of county commissioners of any county, through which any highways extend, which highways have been designated by a joint memorial of both houses of the legislature as being a scenic road, may establish or amend by ordinance a scenic highway zone, provided such ordinance is enacted or amended by the unanimous vote of the entire board of county commissioners.
History:
1953 Comp., § 55-14-4, enacted by Laws 1973, ch. 17, § 4.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
83 Am. Jur. 2d Zoning and Planning §§ 2, 3.
Authority of zoning commission to impose, as condition of allowance of special zoning exception, permit or variance, requirements as to highway and traffic changes, 49 A.L.R.3d 492.
101 C.J.S. Zoning § 11.
2023 New Mexico Statutes › Chapter 67 - Highways › Article 13 - Scenic Highway Zoning › Section 67-13-5 - Boundaries of scenic highway zones.

The boundaries of a scenic highway zone are limited to a strip of real property five hundred feet wide on each side of the right-of-way of any highways established as a scenic highway zone by ordinance of the county.
History:
1953 Comp., § 55-14-5, enacted by Laws 1973, ch. 17, § 5.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
83 Am. Jur. 2d Zoning and Planning §§ 164, 169.
101 C.J.S. Zoning § 5.
2023 New Mexico Statutes › Chapter 67 - Highways › Article 13 - Scenic Highway Zoning › Section 67-13-6 - Board powers; delegation allowed.

All powers, rights, privileges and duties vested in or imposed upon county commissioners shall be exercised and performed by the board; provided, that the exercise of any and all executive, administrative and ministerial powers may be, by the board, delegated and redelegated to officers and employees of the county.
History:
1953 Comp., § 55-14-6, enacted by Laws 1973, ch. 17, § 6.
2023 New Mexico Statutes › Chapter 67 - Highways › Article 13 - Scenic Highway Zoning › Section 67-13-7 - Decision of board final.

The action and decision of the board as to all matters passed upon it in relation to any action, matter or thing provided herein shall be final.
History:
1953 Comp., § 55-14-7, enacted by Laws 1973, ch. 17, § 7.
2023 New Mexico Statutes › Chapter 67 - Highways › Article 13 - Scenic Highway Zoning › Section 67-13-8 - Administrative powers of board.

The board may make and pass resolutions, regulations, ordinances and orders not repugnant to the provisions of the Scenic Highway Zoning Act, necessary or proper for the government and management of the affairs of a scenic highway zone, for the execution of the powers vested in the board and for carrying into effect the provisions of the Scenic Highway Zoning Act.
History:
1953 Comp., § 55-14-8, enacted by Laws 1973, ch. 17, § 8.
2023 New Mexico Statutes › Chapter 67 - Highways › Article 13 - Scenic Highway Zoning › Section 67-13-9 - Zoning authority.

A. For the purpose of promoting the health, safety and the general welfare, and for the purpose of historic preservation, a county commission is a scenic highway zoning authority, with all of the powers provided for a municipal zoning authority under Sections 3-21-1 through 3-21-26 NMSA 1978 of the Municipal Code as modified by the provisions of the Scenic Highway Zoning Act, which provisions shall control, within a scenic highway zone and may through its ordinance power regulate the reasonable location and use of buildings, structures and real property.
B. The scenic highway regulations and restrictions must be in accordance with a comprehensive plan and be designed to achieve the purposes stated in Subsection A of this section, and encourage the most appropriate use of real property within the area of a scenic highway zone.
History:
1953 Comp., § 55-14-9, enacted by Laws 1973, ch. 17, § 9.
2023 New Mexico Statutes › Chapter 67 - Highways › Article 13 - Scenic Highway Zoning › Section 67-13-10 - Zoning; regulations and restrictions; public hearings required; notice.

A. A county, within its jurisdiction, shall provide for the manner in which scenic highway zoning regulations and restrictions are determined, established, enforced, amended, supplemented and repealed.
B. No proposed scenic highway zoning regulation or restriction shall become effective, be amended, supplemented or repealed until after a public hearing at which all parties in interest and citizens shall have an opportunity to be heard. Bilingual notice of the date, time and place of the public hearing shall be published for two consecutive weeks at least fifteen days prior to the date of the hearing, in a newspaper of general circulation within the respective county. The notice shall contain, in addition to the date, time and place of the hearing, the title of the ordinance, a summary of its contents and a statement as to the time and place where copies of the ordinance may be obtained and where a display of zoning maps may be studied.
C. Whenever a change in zoning is proposed, notice of the public hearing on the ordinance shall be published as required by the preceding subsection and in addition, notice of the public hearing shall be mailed by certified mail, return receipt requested, to the owners, as shown by the records of the county assessor, of lands or lots within the area proposed to be changed and which are within three hundred feet, excluding right-of-way, of the area proposed to be changed.
D. If any owner of real property included in the area proposed for a change in zoning, protests in writing the proposed change, the proposed change in zoning will not become effective unless the change is approved by the unanimous vote of the entire board of county commissioners.
History:
1953 Comp., § 55-14-10, enacted by Laws 1973, ch. 17, § 10.
2023 New Mexico Statutes › Chapter 67 - Highways › Article 13 - Scenic Highway Zoning › Section 67-13-11 - Appeals; grounds; stay of proceedings.

A. The board shall provide, by resolution, the procedure to be followed in considering appeals allowed by this section. A record shall be made of all proceedings.
B. Any aggrieved person or any public body affected by a decision of an administrative officer, in the enforcement of the Scenic Highway Zoning Act, or any ordinance, resolution, rule or regulation adopted pursuant to these sections may appeal to the board. An appeal shall stay all proceedings in furtherance of the action appealed unless the officer from whom the appeal is taken certifies that by reason of facts stated in the certificate, a stay would cause imminent peril of life or property. Upon certification, the proceedings shall not be stayed except by order of the board.
C. When an appeal alleges that there is an error in any order, requirement, decision or determination by an administrative official or any board in the enforcement of the Scenic Highway Zoning Act or any ordinance, resolution, rule or regulation adopted pursuant to these sections, the board, by a majority vote of the quorum present, may:
(1) authorize, in appropriate cases and subject to appropriate conditions and safeguards, special exceptions to the terms of the zoning ordinance or resolution:
(a) which are not contrary to the public interest;
(b) where, owing to special conditions, a literal enforcement of the zoning ordinance will result in unnecessary hardship; and
(c) so that the spirit of the zoning ordinance is observed and substantial justice done; or
(2) in conformity with the Scenic Highway Zoning Act:
(a) reverse any order, requirement, decision or determination of an administrative official;
(b) decide in favor of the appellant; or
(c) make any change in any order, requirement, decision or determination of an administrative official.
History:
1953 Comp., § 55-14-11, enacted by Laws 1973, ch. 17, § 11.
2023 New Mexico Statutes › Chapter 67 - Highways › Article 13 - Scenic Highway Zoning › Section 67-13-12 - Zoning; petition for review; restraining order.

A. A person aggrieved by a decision of the board may appeal to the district court pursuant to the provisions of Section 39-3-1.1 NMSA 1978.
B. The appeal shall not stay the decision appealed from, but the court may, on application, grant a restraining order.
History:
1953 Comp., § 55-14-12, enacted by Laws 1973, ch. 17, § 12; 1998, ch. 55, § 82; 1999, ch. 265, § 83.
ANNOTATIONS
The 1999 amendment,
effective July 1, 1999, substituted "Section 39-3-1.1" for "Section 12-8A-1" in Subsection A.
The 1998 amendment,
effective September 1, 1998, deleted "; time limit" from the section heading, and rewrote Subsection A.
2023 New Mexico Statutes › Chapter 67 - Highways › Article 13 - Scenic Highway Zoning › Section 67-13-13 - Zoning enforcement.

A. The Scenic Highway Zoning Act, and any ordinance adopted pursuant to it, shall be enforced by the board in the same manner as municipal ordinances are enforced under Sections 3-21-8 through 3-21-11 NMSA 1978 of the Municipal Code.
B. In addition, if any building or structure is erected, constructed, reconstructed, altered, extensively repaired or converted, or any structure, building or real property is used in violation of the Scenic Highway Zoning Act, or any ordinance adopted pursuant thereto, the board may institute any appropriate action or proceedings to:
(1) prevent such unlawful erection, construction, reconstruction, alteration, extensive repair, conversion or use;
(2) restrain, correct or abate the violation;
(3) prevent the occupancy of such building, structure or real property; or
(4) prevent any illegal act, conduct, business or use in or about such premises.
C. The ordinances, rules and regulations, together with any officially adopted zoning map of the scenic highway zone, shall be filed in the office of the county clerk and shall be made available for examination by any citizen.
History:
1953 Comp., § 55-14-13, enacted by Laws 1973, ch. 17, § 13.
2023 New Mexico Statutes › Chapter 67 - Highways › Article 13 - Scenic Highway Zoning › Section 67-13-14 - Conflicts between zoning regulations and other laws.

If any other statute or regulation or any local ordinance of any county or municipality is applicable to any premises within the boundaries of the scenic highway zone, the provisions of the existing statute, regulation or local ordinance shall govern within the geographical boundaries of the county or municipality. If any other statute or regulation or any local county or municipal ordinance is applicable to any real property within the boundaries of the scenic highway zone, the provisions shall govern which require:
A. the lower height of buildings or a lessor number of stories;
B. the greater percentage of land to be left unoccupied;
C. the greater size of open space or use not requiring a structure or building; or
D. higher standards for scenic and historic values.
History:
1953 Comp., § 55-14-14, enacted by Laws 1973, ch. 17, § 14.
2023 New Mexico Statutes › Chapter 67 - Highways › Article 13 - Scenic Highway Zoning › Section 67-13-15 - Authority to contract.

A board may contract for staff assistance and the service of another body, if the other body is a:
A. state agency;
B. federal agency; or
C. planning or zoning commission of a county or municipality within the boundaries of the scenic highway zone.
History:
1953 Comp., § 55-14-15, enacted by Laws 1973, ch. 17, § 15.
2023 New Mexico Statutes › Chapter 67 - Highways › Article 13 - Scenic Highway Zoning › Section 67-13-16 - Application of act.

Nothing in the Scenic Highway Zoning Act shall be construed to derogate from any powers of the state transportation commission under the Highway Beautification Act [67-12-1 to 67-12-14 NMSA 1978] or the powers of the commission relating to the construction, repair or maintenance of highways or to require any act or omission on the part of the commission that is inconsistent with federal or state laws, regulations or policies. Nothing in the Scenic Highway Zoning Act shall be construed so as to affect or limit in any way any nonconforming use in existence on the effective date of the Scenic Highway Zoning Act or any ordinance adopted pursuant thereto.
History:
1953 Comp., § 55-14-16, enacted by Laws 1973, ch. 17, § 16; 2003, ch. 142, § 88.
ANNOTATIONS
The 2003 amendment,
effective July 1, 2003, substituted "state transportation commission" for "state highway commission"; and substituted "affect" for "effect" in the last sentence.
Severability clauses.
— Laws 1973, ch. 17, § 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 14 - Federal Exemptions from Removal of Signs on Federal-Aid Highways › Section 67-14-1 - Declaration of policy.

Notwithstanding any other provision of law, the state of New Mexico hereby finds and declares that the removal of certain directional signs, displays and devices, in certain specified areas, lawfully erected under state law in force at the time of their erection, which do not conform to the requirements of Subsection (c) of 23 U.S.C. 131, which provide directional information about goods and services in the interest of the traveling public, and which were in existence on May 6, 1976, may work a substantial economic hardship in such defined areas.
History:
1953 Comp., § 55-7-7.1, enacted by Laws 1977, ch. 66, § 1.
ANNOTATIONS
Law reviews.
— For note, "The State and Federal Quandary Over Billboard Controls," see 19 Nat. Resources J. 711 (1979).
2023 New Mexico Statutes › Chapter 67 - Highways › Article 14 - Federal Exemptions from Removal of Signs on Federal-Aid Highways › Section 67-14-2 - Definitions.

As used in this act [67-14-1 to 67-14-3 NMSA 1978], "motorist services directional signs" means signs giving directional information about goods and services in the interest of the traveling public, including but not limited to:
A. places of public lodging;
B. places where food is served to the public on a regular basis;
C. places where automotive fuel or emergency automotive repair services, including truck stops, are regularly available to the public;
D. educational institutions;
E. places of religious worship;
F. public or private recreation areas, including campgrounds, resorts and attractions, natural wonders, wildlife and waterfowl refuges and nature trails;
G. plays, concerts and fairs;
H. antique shops and curio shops; and
I. agricultural products in a natural state, including vegetables and fruit.
History:
1953 Comp., § 55-7-7.2, enacted by Laws 1977, ch. 66, § 2.
2023 New Mexico Statutes › Chapter 67 - Highways › Article 14 - Federal Exemptions from Removal of Signs on Federal-Aid Highways › Section 67-14-3 - Exemption procedures.

The state transportation commission, upon receipt of a declaration, petition, resolution, certified copy of an ordinance or other clear direction from a board of county commissioners or governing body of a municipality, provided that such resolution is not in conflict with an existing statute or ordinance, that removal of motorist services directional signs would cause an economic hardship in a defined area, shall forward such declaration, resolution or finding to the secretary for inclusion as a defined hardship area qualifying for exemption pursuant to 23 U.S.C. 131(o). Any such declaration or resolution submitted to the state transportation commission shall further find that such motorist services directional signs provide directional information about goods and services in the interest of the traveling public and shall request the retention in such specified areas by the state of such directional motorist services signs as defined in Sections 67-14-1 through 67-14-3 NMSA 1978. The state transportation commission shall thereupon comply with all regulations issued by the federal highway administration necessary for application for the exemption provided in 23 U.S.C. 131(o), provided such motorist services directional signs were lawfully erected under state law at the time of their erection and were in existence on May 5, 1976. Any costs incurred by the state transportation commission in complying with the requirements of this section may be passed on to the appropriate petitioners or the owners of the signs seeking exemption.
History:
1953 Comp., § 55-7-7.3, enacted by Laws 1977, ch. 66, § 3; 2003, ch. 142, § 89.
ANNOTATIONS
The 2003 amendment,
effective July 1, 2003, substituted "state transportation commission" for "state highway commission"; and substituted "Sections 67-14-1 through 67-14-3 NMSA 1978" for "this act".
Compiler's notes.
— Subsection 23 U.S.C. 131(o), provides that the secretary of transportation may approve certain requests by the state to retain directional signs, displays, etc., in existence on the date of enactment of the subsection (May 5, 1976) when the state demonstrates that such signs are in the public interest and their removal would work economic hardship in their defined area.
See
also 67-14-1 NMSA 1978.
2023 New Mexico Statutes › Chapter 67 - Highways › Article 15 - Clean Highways › Section 67-15-1 - Short title.

This act [67-15-1 to 67-15-4 NMSA 1978] may be cited as the "Clean Highways Act."
History:
1953 Comp., § 55-11A-1, enacted by Laws 1977, ch. 271, § 1.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Liability of highway user for injuries resulting from failure to remove or protect against material spilled from vehicle onto public street or highway, 34 A.L.R.4th 520.
2023 New Mexico Statutes › Chapter 67 - Highways › Article 15 - Clean Highways › Section 67-15-2 - Purpose of act; legislative findings.

A. The purpose of the Clean Highways Act is to accomplish litter control throughout this state by delegating to the state highway department, and providing funds therefor, the authority to conduct a permanent and continuous program to control and remove litter from the roads and highways of this state to the maximum extent possible.
B. The legislature finds that the rapid population growth of New Mexico, the ever-increasing mobility of its people and the large number of annual visitors using the public roads and highways of this state have created a litter problem of major proportions along the roads and highways, constituting a hazard to the safety and health of the citizens of this state and constituting a blight upon the natural beauty of this land.
C. The legislature further finds that there is urgent need to initiate and carry out some form of effective litter control that in its implementation does not place excessive burdens upon the consumers or businesses of this state.
History:
1953 Comp., § 55-11A-2, enacted by Laws 1977, ch. 271, § 2.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
39 Am. Jur. 2d Highways, Streets and Bridges §§ 74, 87, 113.