New Mexico Statutes
Article 3 - State Transportation Commission
Section 67-3-40 - Control of state highways; maintenance costs.

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 in the state road fund available for improvement or maintenance of all such state highways in the state shall not be sufficient for such purposes, the state transportation commission shall certify to the respective boards of county commissioners the certain sections of the highways in the counties, proportionately to such deficiency, which shall be improved and maintained wholly by the respective counties until sufficient funds are provided in the state road fund to enable the state to take over and maintain them as state highways.
History: Laws 1919, ch. 99, § 13; C.S. 1929, § 64-333; 1941 Comp., § 58-229; 1953 Comp., § 55-2-29; 2003, ch. 142, § 53.
The 2003 amendment, effective July 1, 2003, added the section heading; and substituted "state transportation commission" for "state highway commission".
Compiler's notes. — The proviso in this section was formerly placed in parentheses by the compiler to indicate that it was deemed to be superseded by 67-4-13 NMSA 1978.
Exclusive authority to grant franchises. — The commission has exclusive authority to grant franchises for use of highways. 1920 Op. Att'y Gen. No. 20-2671.
Power to improve road. — Until the commission certifies back to a county or municipality a section of road it has been using as part of the state highway system, and for which an alternative route has been adopted, it has the power to improve such section under 67-3-14, 67-3-16, 67-3-26, 67-3-31 and 67-3-40 NMSA 1978. 1934 Op. Att'y Gen. No. 34-797.
Permission to post signs. — On a road over which the commission has exclusive jurisdiction without regard whatsoever to obligations incurred to another governmental agency, the commission can grant or refuse permission to post signs. On such highways, the state soil conservation committee (now soil and water conservation commission) can make application subject to the discretion of the commission. 1958 Op. Att'y Gen. No. 58-99.
On rights of way. — The commission has the authority within its own discretion to grant or refuse permits to place signs of boundaries on highway rights of way. 1958 Op. Att'y Gen. No. 58-99.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 39A C.J.S. Highways § 157.

Structure New Mexico Statutes