New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 1 - TRANSPORTATION GENERAL PROVISIONS › Part 6 - LEASING OF REAL PROPERTY FOR COMMERCIAL PURPOSES › Section 18.1.6.8 - COMMERCIAL ENTERPRISES AND ACTIVITIES

Current through Register Vol. 35, No. 13, July 16, 2024
A. This rule provides for commercial
				enterprises or activities on department land where such development or
				activities is in the best interest of the department and serves the public
				interest. Since commercial use of department property generates proceeds or
				payments which will be deposited into the state road fund and may have other
				benefits to the department or the public, such uses are transportation, highway
				or department uses or purposes and do not constitute a determination that the
				property involved is excess of the department's needs or uses. This rule shall
				not apply to any lease or agreement between the department and a public entity
				for non-commercial purposes or use, nor shall it apply to commercial leases of
				department land made pursuant to acquisition of property for right-of-way
				purposes under the eminent domain code or special alternative condemnation
				procedure, for air space agreements, oil and gas leases, employee housing
				arrangements or residential leases of department property, including leases to
				security or law enforcement personnel.
B. Authorized Use: In furtherance of
				commercial enterprises or activities on department land for the purpose of
				providing goods and services to the users of the property or facilities or for
				generating payments to the state road fund, the department may sell, exchange,
				or lease department property and may use any other powers granted to it by law.
				Any commercial enterprise or activity is authorized so long as it is in the
				department's best interest or serves the public interest. The department shall
				report all proposed commercial activity to the commission at its regularly
				scheduled meetings. The commission retains the authority to approve, disapprove
				and modify all proposed commercial activity.
C. Determination Required: Prior to the
				conduct or authorization of commercial enterprises or activities on department
				land, the secretary shall determine that the commercial enterprise or activity
				is in the best interest of the department or serves the public interest. This
				determination shall be approved by the commission and, once so approved, shall
				be a final action by the department. This determination shall be in writing and
				shall include:
(1) a description of the
				commercial enterprise or activity to be authorized;
(2) a description of the department land to
				be used for the commercial enterprise or activity;
(3) the form of the commercial enterprise or
				activity, e.g. whether conducted by the department or by a person through
				license, permit or other appropriate authorization granted by the
				department;
(4) the nature of any
				agreements into which the department will enter to accomplish the commercial
				enterprise or activity;
(5) the
				method of establishing the commercial enterprise or activity, e.g. through
				competitive proposal process or otherwise;
(6) if the commercial enterprise or activity
				is not established through a competitive process, the reasons that a
				competitive process was not chosen; and
(7) a statement as to why the commercial
				enterprise or activity is in the best interest of the department or serves the
				public interest.