2018 New Mexico Statutes
Chapter 4 - Counties
Article 38 - Board of County Commissioners
Section 4-38-26 - Streets in unincorporated county seats.]
The boards of county commissioners in the unincorporated county seats of this state shall have the same powers that were possessed by the boards of trustees and city council in the incorporated towns and cities of New Mexico, on March 7, 1897, with reference to the care, opening, altering, changing and grading of roads and streets in their respective county seats, and with reference to the laying of sidewalks and taking care of the same in such county seat: provided, that the county shall not pay any of the expenses in making such improvements or changes.
History: Laws 1897, ch. 30, § 1; C.L. 1897, § 664(13); Code 1915, § 1206; C.S. 1929, § 33-4220; 1941 Comp., § 15-3522; 1953 Comp., § 15-37-24.
Compiler's notes. — The compilers of C.L. 1897 added this section to § 664 thereof, as though it were a subsection of Laws 1876, ch. 1, § 14. Except in content, it had no connection with that act, but was independent legislation.
Traffic in unincorporated village. — County commissioners have not the power to regulate traffic in an unincorporated village. 1929-30 Op. Att'y Gen. No. 29-13.
When dedication of land by owner binding upon county. — Though dedication of land by the owner to public use may bind the dedicator, the county is not bound until there has been an acceptance by the board of county commissioners. State ex rel. Shelton v. Board of Comm'rs, 49 N.M. 218, 161 P.2d 212 (1945).
