Chapter 67 — Chapter 67

This act [67-1-1 to 67-1-3 NMSA 1978] may be cited as the "Highway Department Organization Act." History: Laws 1977, ch. 251, § 1.

ANNOTATIONS Repeals. — Laws 1983, ch. 100, § 1, repeals 67-1-2 NMSA 1978, relating to the termination of the highway department. Laws 1983, ch. 100, contains no effective date provision, but was enacted at the session which adjourned on March 19, 1983. See N.M. Const., art. IV, §…

The effective date of the provisions of the Highway Department Organization Act is March 31, 1978. History: Laws 1977, ch. 251, § 7.

All roads and highways, except private roads, established in pursuance of any law of New Mexico, and roads dedicated to public use, that have not been vacated or abandoned, and such other roads as are recognized and maintained by the corporate authorities of any county in New Mex…

All public highways, except such as are owned and operated by private corporations, and highways within the corporate limits of any incorporated city or town, shall be maintained and kept in repair by the respective counties in which they are located. History: Laws 1905, ch. 124,…

Where as the congress of the United States has declared all post roads over which the mails of the United States are carried to be public roads. It is likewise declared by this section that all such roads are public roads; provided, however, that discontinuance of mail service, a…

As used in Chapter 67 NMSA 1978: A. "state highway" shall include any highway declared to be a state highway by an act of the legislature or designated as such by the state highway engineer; B. "department" means the department of transportation; and C. "secretary" means the secr…

When any state highway in the state of New Mexico, is continuously used by, or open for use to the public, as such, for a period of one year from and after the time this act [67-2-4, 67-2-5 NMSA 1978] goes into effect, or for a period of one year at any time thereafter, and the s…

and highways. Property or property rights acquired by purchase or condemnation by the state or any commission, department, bureau, agency or political subdivision of the state for public road, street or highway purposes shall not revert until such property or property rights are …

Any owner of lands abutting any highway, street or road, his heirs or assigns may petition the state or any commission, department, bureau, agency or political subdivision thereof, who believes a section of any public road, street or highway is not [no] longer needed for public p…

The members of the state transportation commission shall receive per diem and mileage as provided in the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978] and shall receive no other compensation, perquisite or allowance. History: Laws 1935, ch. 44, § 1; 1941 Comp., § 58-201; …

It is the duty of the state transportation commission to hold meetings at such times and for such periods as it deems essential to the proper carrying out of the provisions of Chapter 67 NMSA 1978. The members shall have power to administer oaths, and the commission shall have a …

The state transportation commission is hereby authorized to make all rules and regulations as may be necessary to carry out the provisions of Chapter 67 NMSA 1978. History: Laws 1917, ch. 38, § 20; C.S. 1929, § 64-321; 1941 Comp., § 58-206; 1953 Comp., § 55-2-6; 2003, ch. 142, § …

In addition to the powers now conferred upon it by law, the state transportation commission: A. may declare abandoned and close to public traffic all grade crossings of railroads by state highways in cases where grade separations or other adequate crossings are substituted theref…

ANNOTATIONS Repeals. — Laws 1989, ch. 117, § 3A repeals 67-3-13 NMSA 1978, as enacted by Laws 1909, ch. 42, § 3, relating to general charge and supervision of highways, effective March 28, 1989. For present comparable provisions, see 67-3-14 NMSA 1978.

funds. A. The state transportation commission has charge of all policy matters pertaining to the expenditure of the state road fund in the construction, improvement and maintenance of state highways and bridges in the state. B. The state transportation commission may also make ru…

system for state.] The commission shall, when requested, advise towns, villages and counties with regard to the construction and maintenance of any road or bridge, and shall select, lay out and construct a system of prospective state highways. History: Laws 1912, ch. 54, § 3; Cod…

It shall be the duty of such commission to construct, repair and maintain, at the expense of the state either wholly or in part, such public roads and highways, within the state, as in their judgment will best subserve the interest of the general public, looking to the constructi…

facilities. The state transportation commission is hereby authorized and empowered to remove any snow that it deems to be an obstacle to the parking of motor vehicles at any parking area that serves a skiing area. If the parking area is on lands owned by or leased from the state,…

removal services.] The person in control of the skiing area, with parking facilities on private land, shall have the right to reject this service. History: 1953 Comp., § 55-2-11.2, enacted by Laws 1967, ch. 20, § 3.

parking areas. It is the duty of the state transportation commission to repair and maintain the public roads and highways that provide access to state park and recreation areas and to repair and maintain all roads, bridges and parking areas within the boundaries of the state park…

powers; term of office; bond. A. The state transportation commission shall consist of six members to be appointed by the governor with the advice and consent of the senate. B. State transportation commissioners shall be appointed for staggered terms of six years each commencing o…

The system of highways established by Sections 67-9-2 through 67-9-5 NMSA 1978 shall be under the supervision and control of the state transportation commission, and it shall carry out the provisions at such time as in its judgment is proper. History: Laws 1909, ch. 42, § 5; Code…

state educational institutions; costs; publications.] The commission shall conduct such investigations and experiments as in its judgment may tend to the benefit of highway construction in the state, and make reports thereof to the governor, and may cooperate with state or nation…

The state transportation commission shall, on or before the first day of January of each year, make a report to the governor of all business transacted by the commission up to and including the thirtieth day of November, showing an itemized statement of money received and disburs…

The governor shall appoint a secretary of transportation, with the approval of the state transportation commission and subject to the advice and consent of the senate. The secretary shall be in general charge of the work of the commission and be its active executive representativ…

The secretary, with the consent and approval of the state transportation commission, may appoint and fix the compensation of assistant engineers and clerks and employ such other help as may be necessary to the proper conduct of the work of the commission under the provisions of C…

ANNOTATIONS Repeals. — Laws 1978, ch. 166, § 17, repeals 55-2-17, 1953 Comp. (67-3-25 NMSA 1978), relating to payment of premiums for required workmen's compensation insurance, effective March 31, 1978.

The secretary shall have charge of all records of the state transportation commission; shall keep a record of all proceedings and orders pertaining to the business of the secretary's office and of the state transportation commission; and shall keep on file copies of all plans, sp…

ANNOTATIONS Repeals. — Laws 1989, ch. 117, § 3B repeals 67-3-27 NMSA 1978, as enacted by Laws 1909, ch. 42, § 6, relating to investigation as to need for public roads and cooperation with counties in construction, effective March 28, 1989.

districts, adjoining states and federal agencies. The department may enter into cooperative agreements with any branch, agency, department, board, instrumentality or institution of the state or United States government; with the respective municipalities, school districts and cou…

ANNOTATIONS Repeals. — Laws 1989, ch. 63, § 1 repeals 67-3-28.1 NMSA 1978, as enacted by Laws 1983, ch. 305, § 6, relating to equitable division of funds between highway construction districts, effective June 16, 1989. For provisions of former section, see 1988 Cumulative Supplem…

A. There is created in the state treasury the "local governments road fund" to be administered by the department. All income received from investment of the fund shall be credited to the fund. No money in the fund shall be used by the department to administer any program, and exc…

public roads maintained by counties; duties. A. The board of county commissioners of each of the respective counties shall by May 1, 1988 and by April 1 of every year thereafter certify reports to the secretary of highway and transportation of the total mileage of public roads ma…

technical assistance. The state transportation commission may establish and maintain within the department qualified technical personnel including engineers, designers and survey crews to assist counties and municipalities in the engineering, design and other technical aspects of…

appointed from each district; residence requirements. A. There are created six state transportation commission districts as follows: (1) district 1, which shall be composed of the counties of Socorro, Grant, Sierra, Dona Ana, Luna and Hidalgo; (2) district 2, which shall be compo…

insufficient funds; exemption from Bateman Act. The boards of county commissioners of the respective counties of this state are hereby authorized to enter into cooperative agreements with the state transportation commission in accordance with the provisions of Sections 67-3-28 an…

duties of state highway engineer. Whenever the board of county commissioners of any county desires that any main traveled road or roads in such county included among those adopted by the state transportation commission as a system of state roads shall be improved or constructed u…

In entering into cooperative agreements pursuant to Section 67-3-28 NMSA 1978, the state transportation commission shall give preference to political subdivisions of this state if the subdivision contributes an amount equal to at least twenty-five percent of the project cost. His…

good faith; expenditures. The legislature of New Mexico hereby assents to the provisions of the act of congress approved July 11, 1916 entitled "an act to provide that the United States shall aid the states in the construction of rural post roads, and for other purposes", 39 U. S…

Whenever a federal aid road project has been approved by the state transportation commission, the secretary is hereby authorized to execute and sign for and on behalf of the commission the project agreement and modifications thereof and all required documents in connection with s…

The secretary, by and with the approval of the state transportation commission, may appoint some suitable person who shall be authorized to sign the name of said engineer to all vouchers as he designates from time to time in writing for the disbursement of funds. The appointee sh…

attorney. Except as provided in Section 67-3-37 NMSA 1978, the rights of way deemed necessary by the state transportation commission for highways constructed or reconstructed under the supervision of the state transportation commission shall be acquired by the county through whic…

system; secondary system; payment. A. In the acquisition of property or property rights deemed necessary by the state transportation commission for construction or reconstruction of the national system of interstate and defense highways, more commonly known as the "federal aid in…

When the state transportation commission secures property or property rights required for the construction or reconstruction of the federal aid interstate system, the federal aid primary system or the federal aid secondary system, it is the duty of the district attorney for the c…

Nothing contained herein shall be construed as waiving the state's immunity to suit without its consent. History: 1953 Comp., § 55-2-28.4, enacted by Laws 1963, ch. 249, § 4.

A. The governor shall submit the names of the commissioners to be appointed to the state senate for confirmation not later than the thirtieth day of each regular session of the legislature. A three-fifths vote of the senate shall be required for confirmation. The appointment of s…

The state transportation commission shall have full control over all roads designated by the commission as state highways or created as state highways by acts of the legislature. The costs of maintenance thereof shall be paid by the state, provided, that if at any time the money …

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 n…

For the purposes of Chapter 67 NMSA 1978, necessary bridges, culverts and other appertaining structures on any highway shall be considered a part of such highway. Not more than fifty percent of the cost of all construction or improvement of highways, under the provisions of Chapt…