2021 New Mexico Statutes
Chapter 67 - Highways
Article 5 - Vacation, Alteration and Establishment of County Roads and Bridges
Section 67-5-12 - Laying out road; assessment for damages; survey.
The viewers shall meet at the time and place specified in the warrant and commence at the place designated in the petition as the starting point of the road sought to be altered, widened, changed or laid out and established. The viewers shall proceed to view and mark out the road by setting stakes, blazing trees, turning a furrow or other appropriate monuments to the terminus named in the petition by the most practicable and convenient route that they in their judgment can find. They shall assess the benefits and damages accruing to all persons by reason of the alteration, widening, changing or laying out of the road and award to any person damages in excess of the benefits accruing to the person a sum equal to such excess. If the viewers or a majority of them are of the opinion that the road should be altered, widened, changed or laid out and established, they shall cause a survey and plat of the road to be made by a licensed professional surveyor or other competent person giving the courses and distances and specifying the land over which the road extends.
History: Laws 1905, ch. 124, § 10; Code 1915, § 2662; C.S. 1929, § 64-711; 1941 Comp., § 58-411; 1953 Comp., § 55-4-11; 2011, ch. 56, § 28.
ANNOTATIONSThe 2011 amendment, effective December 31, 2012, required that a licensed professional surveyor survey roads that are to be altered, widened, changed or laid out.
In fixing definite line of highway, the viewers, under the provisions of this section, may lay out the same by the most practical and convenient route that they in their judgment can find. This discretion is not taken away or limited by the fact that the petition describes a definite and particular line, nor does such description render the petition void. Michelet v. Board of Comm'rs, 1915-NMSC-078, 21 N.M. 95, 152 P. 1140.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 39 Am. Jur. 2d Highways, Streets and Bridges § 146.
39A C.J.S. Highways § 106.
