reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 3 - Operation and Regulations Generally › Section 63-3-23 - [Injury to employees from defective equipment; report of defects; contributory negligence.]

It shall be unlawful for any railroad corporation knowingly and willfully to use or operate any car or locomotive that is defective, or any car or locomotive upon which the machinery or attachments thereto belonging are in any manner defective, or shops or machinery and attachments thereof which are in any manner defective, which defects might have been previously ascertained by ordinary care and diligence by said corporation.
If the employe [employee] of any such corporation shall receive any injury by reason of such defect in any car or locomotive or machinery or attachments thereto belonging, or shops or machinery and attachments thereof, owned and operated, or being run and operated by such corporation, through no fault of his own, such corporation shall be liable for such injury, and upon proof of the same in an action brought by such employe [employee] or his legal representatives, in any court of proper jurisdiction, against such railroad corporation for damages on account of such injury so received, shall be entitled to recover against such corporation any sum commensurate with the injuries sustained: provided, that it shall be the duty of all the employes [employees] of railroad corporations to promptly report all defects coming to their knowledge in any such car or locomotive or shops or machinery and attachments thereof to the proper officer or agent of such corporation and after such report the doctrine of contributory negligence shall not apply to such employe [employee].
History:
Laws 1893, ch. 28, § 2; C.L. 1897, § 3217; Code 1915, § 1824; C.S. 1929, § 36-105; 1941 Comp., § 74-324; 1953 Comp., § 69-3-26.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For compensation for injury or death of railroad employees,
see
N.M. Const., art. XX, § 16.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Defect in appliance or equipment as proximate cause of injury to railroad employee in repair or investigation thereof, 30 A.L.R.2d 1192.
Duty of railroad company to prevent injury of employee due to surface of yard, 57 A.L.R.2d 493.
Momentary forgetfulness of danger as contributory negligence, 74 A.L.R.2d 950.
Excessiveness or adequacy of award of damages for personal injury or death in actions under Federal Employers' Liability Act (45 USCS § 51 et seq.) - modern cases, 97 A.L.R. Fed. 189.
74 C.J.S. Railroads §§ 356, 424, 426.
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 3 - Operation and Regulations Generally › Section 63-3-24 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1998, ch. 108, § 81 repealed 63-3-24 NMSA 1978, as enacted by Laws 1878, ch. 1, tit. 8, § 13, relating to intoxication of engineers and conductors on duty, effective January 1, 1999. For provisions of former section,
see
the 1998 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 3 - Operation and Regulations Generally › Section 63-3-25 - [Fireguards; plowing; burning of vegetation; notice.]

The board of county commissioners of each county in this state, through which any line of railroad is operated or may hereafter be operated, shall have power, subject to the limitations in the three succeeding sections [63-3-26 to 63-3-28 NMSA 1978] contained, by an order to be entered of record, to require every railroad corporation oprating [operating] a line of railroad in their respective counties, to plow as a fireguard through such portions of said counties as shall be specially designated in such order, a continuous strip of no more than six feet in width, which said strip of land shall run parallel with said line of railroad, and be plowed in such good and workmanlike manner as to effectually destroy and cover the vegetation thereon, and be sufficient to prevent the spreading of fires; and the outer line of said strip of plowed land shall be upon the outer line of the rights of way of such railroad corporation, not to exceed however, one hundred feet from the center of the track of the railroad. And such railroad corporations shall, in addition to the plowing of such strip, in each and every year burn off, or remove all dry grass or dead and dry vegetation, as soon as the same becomes sufficiently dry to burn, between said plowed strip and the track of such road or roads: provided, however, that such plowing and burning be done between the fifteenth of July and the first day of October, in each and every year: provided, further, that the board of county commissioners shall each year serve said railroad corporations with a duly certified copy of the order, designating the particular localities where such plowing and burning shall be done, in each of said counties, at least thirty days before the said fifteenth day of July; and such fireguards need not be constructed, or burning done within the limits of any city or town, nor along the line of railroads running through mountains or other lands impracticable to plow, nor where such plowing and burning, as aforesaid, would be of no practical utility.
History:
Laws 1884, ch. 34, § 1; C.L. 1884, § 2723; C.L. 1897, § 3904; Code 1915, § 4744; C.S. 1929, § 116-713; 1941 Comp., § 74-326; 1953 Comp., § 69-3-28.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 74 C.J.S. Railroads § 435.
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 3 - Operation and Regulations Generally › Section 63-3-26 - [Failure to maintain fireguard; penalty; enforcement.]

Any railroad corporation failing to comply with the provision [provisions] of the preceding section [63-3-25 NMSA 1978] shall be liable to pay a penalty of two hundred dollars [($200)] for each and every mile, or fractional part thereof, of such strip as it neglects to plow, as aforesaid, in each and every year as aforesaid, or neglects to burn and remove the dry grass and vegetation from, as provided above, the same to be collected by an action of debt in any court of competent jurisdiction, by the attorney general, or district attorney of the district, in the name of the state, provided, such action shall be brought within two years after the cause of action accrues.
History:
Laws 1884, ch. 34, § 2; C.L. 1884, § 2724; C.L. 1897, § 3905; Code 1915, § 4745; C.S. 1929, § 116-714; 1941 Comp., § 74-327; 1953 Comp., § 69-3-29.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 74 C.J.S. Railroads § 437.
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 3 - Operation and Regulations Generally › Section 63-3-27 - [Fireguard made under direction of county commissioners; expenses.]

Should any railroad corporation, operating a railroad in this state, not do the plowing and burning required to be done by the preceding two sections [63-3-25, 63-3-26 NMSA 1978], the board of county commissioners of such county may hire the same to be done and charge the expenses thereof to the railroad company so failing to do such plowing and burning, and such company shall be obliged to pay the same and all costs and attorneys' fees for the collection thereof.
History:
Laws 1884, ch. 34, § 3; C.L. 1884, § 2725; C.L. 1897, § 3906; Code 1915, § 4746; C.S. 1929, § 116-715; 1941 Comp., § 74-328; 1953 Comp., § 69-3-30.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 3 - Operation and Regulations Generally › Section 63-3-28 - [Actions for damages by fire; limitation.]

All actions against railroad corporations for damages by fire, that may have been or shall be set out, or caused by operating any line of railroad in this state, shall be commenced by the parties injured within two years after the cause of action accrues.
History:
Laws 1884, ch. 34, § 4; C.L. 1884, § 2726; C.L. 1897, § 3907; Code 1915, § 4747; C.S. 1929, § 116-716; 1941 Comp., § 74-329; 1953 Comp., § 69-3-31.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Extinguishing fire set by engine without negligence, liability for failure to aid in, 3 A.L.R. 509.
Constitutionality of statutes imposing absolute liability for fires, 53 A.L.R. 875.
Interference with extinguishment of fire by operation of train, 71 A.L.R. 914.
Liability of railroad negligently causing fire for personal injuries sustained in attempt to control fire or to save life or property, 42 A.L.R.2d 494.
Res ipsa loquitur as to cause of or liability for real-property fires, 21 A.L.R.4th 929.
Liability of property owner for damages from spread of accidental fire originating on property, 17 A.L.R.5th 547.
Liability for spread of fire intentionally set for legitimate purpose, 25 A.L.R.5th 391.
74 C.J.S. Railroads § 512.
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 3 - Operation and Regulations Generally › Section 63-3-29 to 63-3-32 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1998, ch. 108, § 81 repealed 63-3-29 to 63-3-32 NMSA 1978, as enacted by Laws 1915, ch. 37, §§ 1-4, relating to headlights, effective January 1, 1999. For provisions of former sections,
see
the 1998 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 3 - Operation and Regulations Generally › Section 63-3-33 - [Failure of district attorney to act; prosecution by attorney general.] (Repealed effective July 1, 2024.)

In case of the failure of any district attorney to bring such suit within a reasonable time after information shall have been lodged with him, by the state corporation commission [public regulation commission] or any other person, of any violation of this act [63-3-29 to 63-3-33 NMSA 1978], it shall be the duty of the attorney general upon being informed of such fact to cause such prosecution to be commenced.
History:
Laws 1915, ch. 37, § 5; C.S. 1929, § 116-325; 1941 Comp., § 74-334; 1953 Comp., § 69-3-36.
ANNOTATIONS
Delayed repeals.
— Laws 2023, ch. 100, § 82 repealed 63-3-33 NMSA 1978, effective July 1, 2024.
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Laws 1998, ch. 108, § 80 provided that references to the state corporation commission be construed as references to the public regulation commission.
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 3 - Operation and Regulations Generally › Section 63-3-34 - Bell to be rung at highway crossings.

A. Except as provided in Subsection B of this section, every railroad corporation shall cause a bell to be attached to each of its locomotives and shall cause the bell to be rung at a distance of not less than eighty rods from the crossing of any public street, road or highway.
B. For a railroad, owned by the state or one of its political subdivisions, if the crossing is within a designated quiet zone pursuant to federal railroad administration rules and the maximum allowed speed for a train using the crossing is equal to or less than forty miles per hour, the bell shall be rung not less than three hundred feet from the crossing.
C. A railroad corporation violating a provision of Subsection A or B of this section shall be subject to a penalty of one hundred dollars ($100) to be recovered by action in the name of the state in any court of competent jurisdiction, one-half of which shall go to the informer and the other half of which shall go to the state. The corporation shall also be liable for all damages that may be sustained by any person by reason of noncompliance with the provisions of this section.
History:
Laws 1878, ch. 1, ch. [tit.] 8, § 1; C.L. 1884, § 2668; C.L. 1897, § 3859; Code 1915, § 4705; C.S. 1929, § 116-306; 1941 Comp., § 74-335; 1953 Comp., § 69-3-37; 1978 Comp., § 63-3-34, Laws 2009, ch. 229, § 1.
ANNOTATIONS
Cross references.
— For disposition of fines and forfeitures,
see
N.M. Const., art. XII, § 4.
The 2009 amendment,
effective June 19, 2009, in Subsection A, at the beginning of the sentence, added "Except as provided in Subsection B of this section"; after "shall cause a bell", deleted "of at least twenty pounds weight"; added Subsection B; and in Subsection C, at the beginning of the first sentence, added "A railroad corporation violating a provision of Subsection A or B of this section shall be subject to".
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 65 Am. Jur. 2d Railroads § 363.
Customary or statutory signal from train as measure of railroad's duty as to warning at highway crossing, 5 A.L.R.2d 112.
74 C.J.S. Railroads §§ 427, 428.
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 3 - Operation and Regulations Generally › Section 63-3-35 - [Highway crossings; definitions.]

The following words and phrases when used in this act [63-3-35 to 63-3-38 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 highways": every place or way of whatever nature open to the use of the public as a matter of right for purposes of vehicular travel.
B. "Grade crossing" or "crossing at grade": a crossing so constructed that a highway crosses railroad tracks upon the same grade as is occupied by such tracks.
C. "Grade separation": a separation of the grade of railroad tracks from that of a highway at a railroad crossing, so constructed that the highway will either pass under the tracks of the railroad or over such tracks, at a sufficient height above the same to permit railroad trains to pass under such highway.
D. "Grade separation limits": all that portion of a highway at or near a railroad crossing between the points where the grade line of such highway leaves its natural grade on one side of a railroad track and where it returns to its natural grade on the other side of such track.
History:
Laws 1929, ch. 97, § 1; C.S. 1929, § 116-1201; 1941 Comp., § 74-336; 1953 Comp., § 69-3-38.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 65 Am. Jur. 2d Railroads § 265.
74 C.J.S. Railroads § 140.
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 3 - Operation and Regulations Generally › Section 63-3-38 - Maintenance of grade crossing.

After construction of every grade separation, the state transportation commission shall maintain the highway roadbed and the structures supporting it and the railroad shall maintain its roadway and track and the structures supporting them.
History:
Laws 1929, ch. 97, § 4; C.S. 1929, § 116-1204; 1941 Comp., § 74-339; 1953 Comp., § 69-3-41; 2003, ch. 142, § 6.
ANNOTATIONS
The 2003 amendment,
effective July 1, 2003, added the section heading; and substituted "transportation commission" for "highway commission".
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 3 - Operation and Regulations Generally › Section 63-3-39 - [Industrial railroads; hauling for others; not considered common carrier.]

No person or persons, and no industrial corporation not incorporated as a common carrier under the laws of this or some other state, and not holding himself, or itself, out as such common carrier, owning or operating industrial railroad tracks in connection with any industry in this state, shall be held or construed to be a common carrier by virtue of, or because of, the hauling of materials or supplies for others upon such industrial tracks, either free or under private contract for compensation for such service, and any and all contracts made for such service shall be lawful.
History:
Laws 1921, ch. 191, § 1; C.S. 1929, § 116-801; 1941 Comp., § 74-340; 1953 Comp., § 69-3-42.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For private contracts of railroad without liability as common carrier,
see
63-4-9 NMSA 1978.
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 3A - Railroad Planning and Projects › Section 63-3A-2 - Purpose.

It is the intent of the legislature to assign to the state highway and transportation department the functions of planning necessary to develop a coordinated program with the United States department of transportation in the fields of rail freight and passenger transportation. In order to accomplish this purpose and to obtain all possible funds available to implement this activity, the Railroad Planning and Projects Act shall be liberally construed.
History:
Laws 1985, ch. 36, § 2; 1987, ch. 268, § 5.
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 3A - Railroad Planning and Projects › Section 63-3A-3 - State highway and transportation department; additional powers.

A. The state highway and transportation department is authorized to enter into agreements with any bureau, department or agency of the United States government dealing with or concerning the planning of any railroad freight or passenger system for operation in New Mexico.
B. The state highway and transportation department shall have the authority to plan and promote efficient rail transportation services and shall:
(1) maintain adequate programs of research, promotion and development with provision for public participation; and
(2) take all practical steps to improve the quality of rail freight and passenger services in New Mexico.
History:
Laws 1985, ch. 36, § 3; 1987, ch. 268, § 6.
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 3A - Railroad Planning and Projects › Section 63-3A-4 - Rail passenger study.

A. The alliance for transportation research institute at the university of New Mexico shall conduct a feasibility study regarding the potential for passenger rail service linking the El Paso-Juarez metropolitan area with New Mexico towns and cities along the Rio Grande corridor and continuing on to Denver, Colorado. The study shall:
(1) identify the alignment, condition and ownership of tracks;
(2) define an integrated network for intercity rail travel; and
(3) provide alternatives for intermodal connections between the affected airports and passenger rail services.
B. The study shall investigate the potential for New Mexico passenger rail service links to the national intermodal transportation initiative, "Reconnecting America".
C. The study shall be conducted in collaboration with the state highway and transportation department.
D. The alliance for transportation research institute shall report to the governor and the legislature on study recommendations for potential intermodal links to regional and national transportation strategies and interstate rail travel.
History:
Laws 2003, ch. 106, § 1.
ANNOTATIONS
Effective dates.
— Laws 2003, ch. 106 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 20, 2003, 90 days after adjournment of the legislature.
Compiler's notes.
— Laws 2003, ch. 106, § 1 was not enacted as part of the Railroad Planning and Projects Act. The section number was assigned by the compiler.
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 4 - Discontinuance of Operations › Section 63-4-1 to 63-4-8 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1998, ch. 108, § 81 repealed 63-4-1 to 63-4-8 NMSA 1978, as enacted by Laws 1921, ch. 200, §§ 1-8, relating to discontinuance of operations, effective January 1, 1999. For provisions of former sections,
see
the 1998 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 4 - Discontinuance of Operations › Section 63-4-9 - [Railroads constructed for special industry; private contracts without liability as common carriers.]

The owner or owners of any line of railroad, not exceeding 60 miles in length, in the state of New Mexico, which has been or shall be constructed primarily for the purpose of carrying coal, lumber or the products of some other particular industry, may enter into private contracts for the carriage of persons or freight over such line of railroad without thereby becoming liable to control as common carriers or becoming subject to the obligations and duties of common carriers.
History:
Laws 1921, ch. 200, § 9; C.S. 1929, § 116-409; 1941 Comp., § 74-409; 1953 Comp., § 69-4-9.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For industrial railroads,
see
63-3-39 NMSA 1978.
Certificates of convenience and necessity.
— This section does not apply to a railroad operating under certificate of convenience and necessity from interstate commerce commission.
San Juan Coal & Coke Co. v. Santa Fe, San Juan & N.R.R.
, 1931-NMSC-039, 35 N.M. 512, 2 P.2d 305.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 13 C.J.S. Carriers § 2.
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 5 - Foreclosure of Mortgage on Railroad Property › Section 63-5-1 - Foreclosure; rights of purchases; new corporation; organization.

Whenever the railroad lands or other property of any railroad corporation created by or under any law of the United States or of the state or the part of the railroad, lands or other property of any such corporation situated in the state is sold by virtue of a mortgage or deed of trust or pursuant to the judgment or decree of any court of competent jurisdiction or by virtue of any execution issued thereon, the purchasers at any such sale may acquire and become vested with the property sold and may acquire any other property and franchises, rights and powers of the corporation in this state or elsewhere. Purchasers may associate with themselves any number of persons and with their associates may become a corporation with power to own, operate, exercise and enjoy the properties, franchises, rights and powers acquired by the purchasers upon making, acknowledging and filing in the office of the secretary of state a certificate in which the purchasers describe by name and by reference to the charter or law under which it was organized, the corporation whose property or part of whose property the purchasers have acquired, the court by whose authority the sale was made, with the date of the judgment or decree authorizing or directing the sale, a brief description of the property sold and also the following particulars:
A. the name of the new corporation intended to be formed by the filing of the certificate;
B. the maximum amount of its capital stock and the number of shares into which it is divided, and specifying the classes thereof, whether common or preferred, and the amount of and rights pertaining to each class; and
C. the number of directors, not less than three nor more than fifteen, who shall manage the affairs of the new corporation and the names and post office addresses of the directors for the first year.
History:
Laws 1897, ch. 19, § 1; C.L. 1897, § 3922; Code 1915, § 4720; C.S. 1929, § 116-501; 1941 Comp., § 74-501; 1953 Comp., § 69-5-1; 2013, ch. 75, § 43.
ANNOTATIONS
The 2013 amendment,
effective July 1, 2013, required that purchasers of railroad assets file a certificate with the secretary of state describing their corporation; added the title of the section; and in the second sentence, after "filing in the office of the", deleted "state corporation commission" and added "secretary of state".
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 65 Am. Jur. 2d Railroads §§ 163 to 175.
Court's power to authorize discontinuation of railroad upon foreclosing mortgage on its plant, 8 A.L.R. 238.
74 C.J.S. Railroads §§ 328 to 338.
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 5 - Foreclosure of Mortgage on Railroad Property › Section 63-5-2 - [Powers of new corporation.]

Such new corporation shall thereupon be vested with, and shall be entitled to exercise and enjoy, all the rights, franchises and powers, which belong to or could be exercised by the corporation whose property, or part of whose property, was acquired by such purchasers, as aforesaid, and may acquire and enjoy all or any part of the railroad, lands or other property of such corporation in the state of New Mexico, or elsewhere, and may conduct its business generally, under and in the manner provided in the charter of such last mentioned corporation, or under the laws relating thereto, with such variations in manner and form of organization as such purchasers and their associates may deem necessary and set forth in such certificates, subject to the restrictions and limitations imposed by law upon railroad corporations in this state, and any such corporation shall have the power to issue and dispose of its capital stock, of the kind and character, and of the amount specified in said certificate; and such new corporation shall, in no manner, be deemed or held liable for the debts, obligations or liabilities of the corporation whose property, or a part thereof, it may have acquired, except state and county taxes.
History:
Laws 1897, ch. 19, § 2; C.L. 1897, § 3923; Code 1915, § 4721; C.S. 1929, § 116-502; 1941 Comp., § 74-502; 1953 Comp., § 69-5-2.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 65 Am. Jur. 2d Railroads §§ 173, 174, 294.
74 C.J.S. Railroads § 339.
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 5 - Foreclosure of Mortgage on Railroad Property › Section 63-5-3 - [Rights of new corporation.]

Such corporation shall be vested with and be entitled to possess, exercise and enjoy any and all rights, franchises and powers which are given or may hereafter be given to any railroad company organized under the general laws of this state, and that such new corporation, when organized to purchase, acquire or take the property of any railroad company sold as aforesaid, may lease or purchase the railroad and other property and franchises of any railroad company organized under the laws of the United States or any state or territory thereof, and thereafter operate and maintain the same, or may lease or sell its railroad and other property to any railroad company organized under the laws of any state or territory subject to the restrictions and limitations imposed by law upon railroad corporations in this state.
History:
Laws 1897, ch. 19, § 3; C.L. 1897, § 3924; Code 1915, § 4722; C.S. 1929, § 116-503; 1941 Comp., § 74-503; 1953 Comp., § 69-5-3.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 74 C.J.S. Railroads § 342.
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 5 - Foreclosure of Mortgage on Railroad Property › Section 63-5-4 - [Sale of foreclosed railroad.]

The purchasers at any such sale as aforesaid, may, if they choose, sell, transfer or assign all the railroads, lands, properties, rights, franchises and powers so purchased or acquired by them or belonging to the corporation whose property or a part of whose property was so purchased, to a corporation of any state or territory which may be authorized by the laws of such state or territory, or by its charter, to purchase or acquire such or similar property, and upon such sale, transfer or assignment being made, such corporation to whom the same shall be made shall become vested with all of said property, together with all the rights, franchises and powers thereto belonging or in anywise appertaining or [sic] to the corporation whose property or a part thereof was sold, subject to the restrictions and limitations imposed by law upon railroad corporations in this state, but shall not be deemed or held liable in any manner for the debts, obligations or liabilities, or any of them, of the corporation whose property or a part thereof may have been sold, except state and county taxes.
History:
Laws 1897, ch. 19, § 4; C.L. 1897, § 3925; Code 1915, § 4723; C.S. 1929, § 116-504; 1941 Comp., § 74-504; 1953 Comp., § 69-5-4.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 6 - Dissolution of Railroad Companies (Repealed.) › Section 63-6-1 to 63-6-7 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1998, ch. 108, § 81 repealed 63-6-1 to 63-6-7 NMSA 1978, as enacted by Laws 1878, ch. 1, tit. 9, §§ 4-10, relating to voluntary dissolution and venue, effective January 1, 1999. For provisions of former sections,
see
the 1998 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 7 - Public Regulation Commission; Complaints, Hearings and Reports › Section 63-7-2 to 63-7-9 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1998, ch. 108, § 81 repealed 63-7-2 through 63-7-9 NMSA 1978, as enacted by Laws 1912, ch. 78, §§ 2-8 and by Laws 1925, ch. 19, § 1, relating to complaints and hearings by the corporation commission, effective January 1, 1999. For provisions of former sections,
see
the 1998 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 7 - Public Regulation Commission; Complaints, Hearings and Reports › Section 63-7-10 - [Inspection of books and records.]

The commission or any commissioner or person authorized by the commission in writing, under its seal to make such examination, shall have the right at all times to inspect the books, papers and records of all such companies and common carriers doing business in this state relating to any matter pending before, or being investigated by, the commission. Any officer, agent or employe [employee] of any such company or corporation, or any person, in charge of such books, papers and records, who shall refuse to permit such examination, or who shall conceal, destroy or mutilate, or attempt to conceal, destroy or mutilate any such books, papers or records, or remove the same beyond the limits of the state for the purpose of preventing such examination shall be deemed guilty of a misdemeanor and upon conviction thereof may be fined not to exceed five hundred dollars [($500)] or imprisoned in the county jail not more than six months.
History:
Laws 1912, ch. 78, § 9; Code 1915, § 5381; C.S. 1929, § 134-1114; 1941 Comp., § 74-710; 1953 Comp., § 69-7-10.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For inspections by commission,
see
N.M. Const., art. XI, § 11.
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 7 - Public Regulation Commission; Complaints, Hearings and Reports › Section 63-7-11 to 63-7-19 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1998, ch. 108, § 81 repealed 63-7-11 through 63-7-19 NMSA 1978, as enacted by Laws 1912, ch. 78, §§ 10-18, relating to corporation commission hearings, records, removal, amendments and tariffs, effective January 1, 1999. For provisions of former sections,
see
the 1997 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 7 - Public Regulation Commission; Complaints, Hearings and Reports › Section 63-7-20 - Utility inspection; fee. (Effective July 1, 2024.)

A. Each utility doing business in this state that is subject to the control and jurisdiction of the commission by virtue of the provisions of Article 11 of the constitution of New Mexico with respect to its rates and service shall pay annually to the commission a fee in performance of its duties as now provided by law. The fee for utilities shall not exceed five hundred eleven thousandths percent of its gross receipts from business transacted in New Mexico for the preceding calendar year. This sum shall be payable annually on or before April 1 in each year. No similar fee shall be imposed upon the utility. In the case of utilities engaged in interstate business, the fees shall be measured by the gross receipts of the utilities from intrastate business only for the preceding calendar year and not in any respect upon receipts derived wholly or in part from interstate business. As used in this section, "utility" includes telephone companies and transmission companies but does not include public utilities subject to the Public Utility Act [Chapter 62, Articles 1 to 6 and 8 to 13 NMSA 1978].
B. When a fee is not paid on the date it is due, interest shall be paid to the state on the amount due. The interest on the amount due shall start to accrue on the day following the due date and shall continue to accrue until the total amount due is paid. The rate of interest on a late fee payment shall be fifteen percent per year, computed at the rate of one and one-fourth percent per month.
C. In addition to any interest due on a late fee payment, a penalty shall be paid to the state for failure to pay the fee when it is due. The penalty imposed shall be two percent of the amount of the fee due.
D. The attorney general, in the name of the state, shall bring suit to collect fees, interest and penalties that remain unpaid.
History:
1941 Comp., § 74-722, enacted by Laws 1951, ch. 194, § 1; 1953 Comp., § 69-7-22; 1978 Comp., § 63-7-20; Laws 1989, ch. 233, § 1; 1993, ch. 311, § 11; 2003, ch. 14, § 20; 2005, ch. 339, § 7; 2023, ch. 100, § 22.
ANNOTATIONS
The 2023 amendment,
effective July 1, 2024, removed common carriers from the scope of the section; in the section heading, deleted "and carrier"; and in Subsection A, after "Each utility", deleted "and carrier", deleted "The fee for carriers shall not exceed two hundred fifty six thousandths percent of its gross receipts from business transacted in New Mexico for the preceding calendar year.", after "upon the utility", deleted "or carrier", after "In the case of utilities", deleted "or carriers", and after "receipts of the utilities", deleted "or carriers".
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 7 - Public Regulation Commission; Complaints, Hearings and Reports › Section 63-7-21 - [Disposition of fees.]

All moneys collected under the provisions of Chapter 194, Laws of 1951 [63-7-20 to 63-7-22 NMSA 1978], shall be deposited with the state treasurer and by him credited to the general fund.
History:
1941 Comp., § 74-723, enacted by Laws 1951, ch. 194, § 2; 1953 Comp., § 69-7-23; Laws 1957, ch. 10, § 1.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Collection of fees should be based strictly upon intrastate business,
receipts not derived in whole or in part from interstate business. 1952 Op. Att'y Gen. No. 52-5533.
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 7 - Public Regulation Commission; Complaints, Hearings and Reports › Section 63-7-22 - [Exemptions from act.]

The provisions of this act [63-7-20 to 63-7-22 NMSA 1978] shall not apply to pipelines which are used for the transportation of oil, natural gas or the products thereof; neither shall the provisions of this act apply to common or contract motor carriers or aircraft carriers transporting passengers or property for hire.
History:
1941 Comp., § 74-724, enacted by Laws 1951, ch. 194, § 3; 1953 Comp., § 69-7-24.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 7 - Public Regulation Commission; Complaints, Hearings and Reports › Section 63-7-22 - Exemptions. (Effective July 1, 2024.)

The provisions of Sections 63-7-20 through 63-7-22 NMSA 1978 shall not apply to pipelines that are used for the transportation of oil, natural gas or the products thereof.
History:
1941 Comp., § 74-724, enacted by Laws 1951, ch. 194, § 3; 1953 Comp., § 69-7-24; 2023, ch. 100, § 23.
ANNOTATIONS
The 2023 amendment,
effective July 1, 2024, added certain statutory references, and removed common or contract motor carriers or aircraft carriers from the exemption provisions of this section; added the section heading "Exemptions"; and after "The provisions of", changed "this act" to "Sections 63-7-20 through 63-7-22 NMSA 1978", and after "products thereof", deleted "neither shall the provisions of this act apply to common or contract motor carriers or aircraft carriers transporting passengers or property for hire".
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 8 - Health and Safety of Railroad Employees (Repealed.) › Section 63-8-1 to 63-8-7 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1998, ch. 108, § 81 repealed 63-8-1 through 63-8-7 NMSA 1978, as enacted by Laws 1955, ch. 43, §§ 1-7, relating to health and safety of railroad employees, effective January 1, 1999. For provisions of former sections,
see
the 1998 NMSA on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 9 - Telephone and Telegraph Companies › Section 63-9-1 - Short title.

Chapter 63, Article 9 NMSA 1978 may be cited as the "Telephone and Telegraph Company Certification Act".
History:
1953 Comp., § 69-10-1, enacted by Laws 1965, ch. 292, § 1; 1998, ch. 108, § 53.
ANNOTATIONS
Compiler's notes.
— The Telephone and Telegraph Company Certification Act, 63-9-1 to 63-9-19 NMSA 1978, would have been repealed by Laws 1998, ch. 108, § 82, effective July 1, 2003. However, Laws 2003, ch. 23, § 1 and Laws 2003, ch. 416, § 5 repealed Laws 1998, ch. 108, § 82 before the repeal took effect.
Cross references.
— For power of public regulation commission to impose fines on telecommunications providers,
see
63-7-23 NMSA 1978.
For regulation of telecommunications other than mobile telephone and radio paging services,
see
63-9A-1 NMSA 1978 et seq.
For interception of communications under court order,
see
30-12-2 NMSA 1978.
For excavation damage to pipelines and underground utility lines,
see
62-14-1 NMSA 1978.
The 1998 amendment,
effective January 1, 1999, substituted "Chapter 63, Article 9 NMSA 1978" for "This act" at the beginning of the section.
Applicability of article.
— This article applies only to mobile telephone and radio paging services and no longer applies to intrastate data transmission services.
Las Cruces TV Cable v. N.M SCC
, 1985-NMSC-087, 103 N.M. 345, 707 P.2d 1155.
Corporation commission (now public regulation commission) has no exclusive jurisdiction in dispute involving telephone.
— Neither N.M. Const., art. XI, § 7 (now repealed) nor the Telephone and Telegraph Company Certification Act grants the state corporation commission (now public regulation commission) general power and exclusive jurisdiction over every dispute concerning telephone services.
First Cent. Serv. Corp. v. Mountain Bell Tel.
, 1981-NMCA-012, 95 N.M. 509, 623 P.2d 1023.
Law reviews.
— For annual survey of New Mexico law relating to administrative law, see 12 N.M.L. Rev. 1 (1982).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— State regulation of radio paging services, 44 A.L.R.4th 216.
Liability of telephone company for mistakes in or omissions from its directory, 47 A.L.R.4th 882.
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 9 - Telephone and Telegraph Companies › Section 63-9-2 - Definitions.

As used in the Telephone and Telegraph Company Certification Act:
A. "commission" means the public regulation commission;
B. "telephone company" means a company, corporation, partnership, individual or others, not engaged solely in interstate business, furnishing mobile telephone service or radio paging;
C. "public utility telephone service" means making and offering mobile telephone or radio paging service to or for the public generally and being ready, willing and able to furnish such service with adequate equipment; and
D. "certificated area" means the geographical area that a telephone company is authorized to serve by a certificate of public convenience and necessity and that is defined on the map as part of the certificate.
History:
1953 Comp., § 69-10-2, enacted by Laws 1965, ch. 292, § 2; 1975, ch. 59, § 1; 1985, ch. 242, § 22; 1998, ch. 108, § 54.
ANNOTATIONS
The 1998 amendment,
effective January 1, 1999, substituted "public regulation" for "state corporation" near the end of Subsection A; and substituted "that" for "which" in two places in Subsection D.
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 9 - Telephone and Telegraph Companies › Section 63-9-3 - Certificate required for operation.

No telephone company shall hereafter begin the construction or operation of any telephone plant or system or of any extension thereof, for the purpose of furnishing public utility telephone service, without first obtaining from the commission a certificate that public convenience and necessity requires or will require such construction or operation of the plant or system; provided, that this section shall not apply to:
A. construction of plant or system within a certificated area which such telephone company already lawfully serves, where such construction is necessary in the ordinary course of business;
B. extension of plant or system to area contiguous to the certificated area of such telephone company, if such contiguous areas are not certificated and are not receiving public utility telephone service from another telephone company; provided that the commission shall be notified, in such manner as it may prescribe by rule, of any such extension into contiguous area; and
C. such construction or extension occurring when a proper application is being made pursuant to Section 4 [63-9-4 NMSA 1978] of this act.
History:
1953 Comp., § 69-10-3, enacted by Laws 1965, ch. 292, § 3.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 74 Am. Jur. 2d Telecommunications § 2.
Meaning of term "radius" employed in telephone company's rule as descriptive of area, location or distance, 10 A.L.R.2d 605.
86 C.J.S. Telecommunications §§ 21, 22.
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 9 - Telephone and Telegraph Companies › Section 63-9-4 - Certificate for operations.

A telephone company furnishing public telephone or telegraph service, including any telephone cooperative operating in the state, shall file with the commission an application for a certificate of public convenience and necessity. The commission shall grant a certificate only to the extent of territory served and shall define such area on a map. Operations for which no application has been made are unlawful.
History:
1953 Comp., § 69-10-4, enacted by Laws 1965, ch. 292, § 4; 1998, ch. 108, § 55.
ANNOTATIONS
The 1998 amendment,
effective January 1, 1999, rewrote this section.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 86 C.J.S. Telecommunications §§ 21, 22.
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 9 - Telephone and Telegraph Companies › Section 63-9-5 - Application for certificate.

A. If the applicant for a certificate of convenience and necessity is a corporation, a certified copy of its articles of incorporation shall be filed in the office of the commission before any certificate may issue.
B. The commission, upon the filing of an application, shall fix a time and place for hearing thereon, which shall be no sooner than ten days after the filing. The commission shall cause notice of the hearing to be served at least ten days before the hearing on all known interested parties. The commission may allow any interested party to intervene at the hearing.
C. The commission shall prescribe forms for use by applicants and make regulations relating to the manner of filing and filing fees.
History:
1953 Comp., § 69-10-5, enacted by Laws 1965, ch. 292, § 5.
ANNOTATIONS
2023 New Mexico Statutes › Chapter 63 - Railroads and Communications › Article 9 - Telephone and Telegraph Companies › Section 63-9-6 - Issuance of certificate; territory on map.

A. After conclusion of a hearing on an application for a certificate of convenience and necessity the commission shall make and file an order containing its findings of fact and decision. The order shall become operative twenty days after issuance, except as the commission may otherwise provide.
B. The commission shall grant all certificates as required by Section 4 [63-9-4 NMSA 1978] of this act.
C. As to all applications other than those based upon Section 4 of this act, the commission has the power, after having determined public convenience and necessity, to grant a certificate as applied for, or to refuse to grant it, or to grant it for the construction or operation of only a portion of the contemplated plant or system or extension thereof, or for the partial exercise only of the rights and privilege sought, and may attach to the exercise of the rights and privilege granted by a certificate such terms and conditions as in its judgment the public convenience and necessity may require.
D. The geographical field or area that a telephone company is authorized and required to serve by a certificate shall be defined on a map which will be part of the certificate. The commission shall prescribe the form of the map to be used.
History:
1953 Comp., § 69-10-6, enacted by Laws 1965, ch. 292, § 6.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 86 C.J.S. Telecommunications §§ 21, 22.