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, and nonuser [nonuse] by the public for three years shall constitute abandonment and vacation of such roads for such roads for such public purpose.
History: Laws 1903, ch. 58, § 1; Code 1915, § 2628; C.S. 1929, § 64-103; 1941 Comp., § 58-103; Laws 1945, ch. 31, § 1; 1953 Comp., § 55-1-3.
Cross references. — For definition of public highways, see 67-2-1 NMSA 1978.
Implied dedication. — The law of implied dedication gives the public greater rights than the legislature has provided under this section. Luevano v. Maestas, 1994-NMCA-051, 117 N.M. 580, 874 P.2d 788.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 39 Am. Jur. 2d Highways, Streets and Bridges § 43.
39A C.J.S. Highways § 1.
Structure New Mexico Statutes
Article 2 - General Provisions
Section 67-2-1 - [Public highways; definition.]
Section 67-2-2 - [Maintenance and repair by counties.]
Section 67-2-3 - Post roads and mail routes declared to be public roads.
Section 67-2-5 - [Rights-of-way vest in state after use as highway for a year.]
Section 67-2-6 - Abandonment, vacation and reverter of public roads, streets and highways.
Section 67-2-7 - Petition for determination of abandonment or vacation.