2018 New Mexico Statutes
Chapter 67 - Highways
Article 3 - State Transportation Commission
Section 67-3-41 - Highway maintenance contracts with counties; failure of county to maintain; utility lines.
All state highways constructed and improved under the provisions of Chapter 67 NMSA 1978 shall be maintained by the state transportation commission, but not more than fifty percent of the cost of such maintenance shall be paid by the state and not less than fifty percent shall be paid by the counties. The state transportation commission may, however, contract with the board of county commissioners of any county to maintain any state highway or highways therein in accordance with standards prescribed by the secretary and subject to supervision and inspection by him, and if the board of county commissioners of any county so contracting to maintain such highways shall fail, neglect or refuse properly to execute such work of maintenance, the secretary, after reasonable notice, may have such work of maintenance done and charge the county's portion of the cost to the allotment due the county from the state road fund for the year in which work is done. No pipelines, poles or telephone or electric transmission lines or railways, authorized to be placed on or along roads constructed or improved under the provisions of Chapter 67 NMSA 1978 shall be located except in accordance with rules and regulations prescribed therefor by the state transportation commission.
History: Laws 1917, ch. 38, § 14; C.S. 1929, § 64-315; 1941 Comp., § 58-230; 1953 Comp., § 55-2-30; 2003, ch. 142, § 54.
Cross references. — For contracts with counties or federal bureau for construction or improvement of highways, see 67-3-28 NMSA 1978.
The 2003 amendment, effective July 1, 2003, added the section heading; substituted "state transportation commission" for "state highway commission"; and substituted "secretary" for "state highway engineer".
Compiler's notes. — The first sentence of this section was formerly placed in parentheses by the compiler to indicate that it was deemed superseded by 67-3-40 and 67-4-13 NMSA 1978.
No authority to designate city underpass as state highway. — The commission is not authorized by this section, 67-2-4, 67-3-15 or 67-3-16 NMSA 1978 to designate as a state highway an underpass in a city not part of or intended to be part of a state highway. Springer Transfer Co. v. City of Albuquerque, 1940-NMSC-039, 44 N.M. 407, 103 P.2d 129.
Relocation of utilities at own expense. — In the absence of a clear statutory mandate shifting the burden to the state, utilities are obliged to relocate at their own expense their facilities located in public highways when required to facilitate highway improvements. State ex rel. State Highway Comm'n v. Town of Grants, 1960-NMSC-004, 66 N.M. 355, 348 P.2d 274, rev'd in part, 1961-NMSC-133, 69 N.M. 145, 364 P.2d 853.
Limitation on powers of county commissioners to grant easements. — County commissioners have no right to grant any easement to a public utility over a state highway, the right of way of which came under the control of the commission after 1917. 1973 Op. Att'y Gen. No. 73-26; 1933-34 Op. Att'y Gen. No. 33-681.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 39A C.J.S. Highways § 157.
