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.
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.
Structure New Mexico Statutes
Chapter 37 - Limitation of Actions; Abatement and Revivor
Article 1 - Limitations of Actions
Section 37-1-3 - Notes; written instruments; period of limitation; computation of period.
Section 37-1-5 - Actions for wage and hour violations.
Section 37-1-6 - [Accrual of cause of action on open accounts.]
Section 37-1-8 - Actions against sureties on fiduciary bonds; injuries to person or reputation.
Section 37-1-9 - [Effect of absence from state or concealment of debtor.]
Section 37-1-10 - Minors; incapacitated persons.
Section 37-1-11 - [Effect of death.]
Section 37-1-12 - [When commencement of action stayed or prevented.]
Section 37-1-13 - [When action deemed commenced.]
Section 37-1-14 - [When second suit deemed continuation of first action.]
Section 37-1-15 - [Setoffs or counterclaims not barred; defendant not to receive excess.]
Section 37-1-16 - Revival of causes of action.
Section 37-1-17 - [Other statutes prescribing limitations unaffected.]
Section 37-1-18 - [Limitations not to run against trust actions fraudulently concealed.]
Section 37-1-19 - [Applicability of limitations.]
Section 37-1-20 - [No sale upon mortgages, etc., when action barred.]
Section 37-1-23 - Contractual liability; statute of limitations.
Section 37-1-24 - Suits against municipalities or their officers.
Section 37-1-25 - [Suit, etc., on municipal and other local governmental bonds or coupons.]
Section 37-1-26 - [Questioning of privilege or franchise granted by municipal corporation.]
Section 37-1-27 - Construction projects; limitation on actions for defective or unsafe conditions.
Section 37-1-28 - Real estate; limitation on actions for defects of title.
Section 37-1-29 - Limitation [on parent-child relationship determination].
Section 37-1-30 - Action for damages due to childhood sexual abuse; limitation on actions.