2019 New Mexico Statutes
Chapter 37 - Limitation of Actions; Abatement and Revivor
Article 1 - Limitations of Actions
Section 37-1-26 - [Questioning of privilege or franchise granted by municipal corporation.]
No action or suit shall be brought to call in question any privilege or franchise granted by any municipal corporation, unless the same shall be brought within six years after the same shall have been granted, or claimed to have been granted, and any such privilege or franchise heretofore granted by any municipal corporation shall, after six years from the date of the granting of the same, or within six years after the same shall have been claimed to have been granted, shall [sic] be deemed valid in all respects.
History: Laws 1893, ch. 47, § 1; C.L. 1897, § 2918; Code 1915, § 3363; C.S. 1929, § 83-118; 1941 Comp., § 27-124; 1953 Comp., § 23-1-25.ANNOTATIONS
Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes. — Laws 1893, ch. 47, § 1, contained a preliminary provision indicating that it was amending Laws 1884, ch. II, tit. XXXIII, § 1865.
Section is limited to express grants from municipality, and does not apply to an asserted grant under a state statute, nor to an implied prescriptive right. City of Roswell v. Mountain States Tel. & Tel. Co., 78 F.2d 379 (10th Cir. 1935).
Injunction. — This section limits actions to call in question, any privilege or franchise granted by any municipal corporation; and the holder of a valid franchise is entitled to injunction against interference by a city council with its rights under such franchise. Agua Pura Co. v. Mayor of Las Vegas, 1900-NMSC-002, 10 N.M. 6, 60 P. 208.
Section inapplicable to cancellation or forfeiture. — This section provides a limitation on actions to challenge the validity of a franchise, but does not limit actions to establish a cancellation for forfeiture for default. 1972 Op. Att'y Gen. No. 72-04.
Am. Jur. 2d, A.L.R. and C.J.S. references. — Inclusion or exclusion of first and last day for purposes of statute of limitations, 20 A.L.R.2d 1249.
64 C.J.S. Municipal Corporations §§ 1741, 2153.