New Mexico Statutes
Article 3 - State Transportation Commission
Section 67-3-71 - State highway and transportation department; power to acquire property for transportation systems; power of eminent domain.

The state highway and transportation department may:
A. acquire property by purchase, lease, donation, gift, bequest, devise or eminent domain for the purpose of construction and operation of a transportation system; and
B. negotiate for the acquisition of property from any person, governmental entity, Indian tribe or Indian pueblo for the construction and operation of a transportation system.
History: Laws 1997, ch. 52, § 1.
Cross references. — For Eminent Domain Code, see Chapter 42A, Article 1 NMSA 1978.
Effective dates. — Laws 1997, ch. 52, § 10 makes the act effective July 1, 1997.

Structure New Mexico Statutes

New Mexico Statutes

Chapter 67 - Highways

Article 3 - State Transportation Commission

Section 67-3-1 - Reimbursement of state transportation commissioners.

Section 67-3-2 - State transportation commissioners; number; appointment; powers; term of office; bond.

Section 67-3-3 - State transportation commission districts; one member appointed from each district; residence requirements.

Section 67-3-4 - Method and time of appointment of commissioners.

Section 67-3-5 - Removal of commissioners.

Section 67-3-6 - Creation of department of transportation.

Section 67-3-7 - Secretary of transportation; appointment; qualifications; bond.

Section 67-3-8 - Powers and duties of secretary.

Section 67-3-8.1 - Secretary; authority to enter into intergovernmental agreement; gasoline tax sharing agreement; qualified tribe.

Section 67-3-8.2 - Secretary; authority to sell or otherwise dispose of property or property interest.

Section 67-3-8.3 - Disposition of surplus personal property or materials.

Section 67-3-9 - [Office.]

Section 67-3-10 - Meetings; oaths; seal; policy.

Section 67-3-11 - Rule-making power.

Section 67-3-12 - Powers and duties.

Section 67-3-13 - Repealed.

Section 67-3-14 - State transportation commission; powers and duties; road funds.

Section 67-3-15 - [Duty to advise towns, villages and counties; highway system for state.]

Section 67-3-16 - [General duty to construct, repair and maintain highways.]

Section 67-3-17 - Snow removal from designated skiing area parking facilities.

Section 67-3-18 - [Skiing area with parking facilities; rejection of snow removal services.]

Section 67-3-19 - Duty to repair and maintain state park roads, bridges and parking areas.

Section 67-3-20 - El Camino Real; supervision and control.

Section 67-3-21 - [Investigations and experiments; reports; cooperation of state educational institutions; costs; publications.]

Section 67-3-22 - State transportation commission; annual report.

Section 67-3-23 - Secretary of transportation; appointment.

Section 67-3-24 - Employees; appointment; compensation.

Section 67-3-25 - Repealed.

Section 67-3-26 - Duties of secretary; disbursement of state road fund.

Section 67-3-27 - Repealed.

Section 67-3-28 - Cooperation with the state, municipalities, counties, school districts, adjoining states and federal agencies.

Section 67-3-28.1 - Repealed.

Section 67-3-28.2 - Local governments road fund created; uses.

Section 67-3-28.3 - Secretary of highway and transportation; counties; public roads maintained by counties; duties.

Section 67-3-29 - Department personnel; county and municipal road technical assistance.

Section 67-3-30 - Counties authorized to contract with commission; insufficient funds; exemption from Bateman Act.

Section 67-3-31 - County roads; improvement or construction; state aid; duties of state highway engineer.

Section 67-3-32 - Cooperative agreements; preference.

Section 67-3-33 - Assent to federal rural post road acts; pledge of state's good faith; expenditures.

Section 67-3-34 - Federal aid road project; document execution.

Section 67-3-35 - Auditor; appointment; duties; bond.

Section 67-3-36 - Acquisition of rights of way; duty of county and district attorney.

Section 67-3-37 - Acquisition of rights of way for interstate system; primary system; secondary system; payment.

Section 67-3-38 - Action by state transportation commission.

Section 67-3-39 - Waiver of immunity.

Section 67-3-40 - Control of state highways; maintenance costs.

Section 67-3-41 - Highway maintenance contracts with counties; failure of county to maintain; utility lines.

Section 67-3-42 - Bridges considered part of highway.

Section 67-3-43 - Road work; bid advertising; restrictions; rejection; bond.

Section 67-3-45 - Repealed.

Section 67-3-46 - Rental of equipment; bids not required in emergencies; bid procedure; restrictions.

Section 67-3-47 - [Contracts for state aid roads; execution; restrictions.]

Section 67-3-48 - Partial payments on road contracts; progress estimates; limitation; division of amounts.

Section 67-3-49 - Claims of highway contractor's creditors; state highway suspense fund.

Section 67-3-50 - Account closing; nonliability.

Section 67-3-51 - [Restrictions on disbursements from suspense fund.]

Section 67-3-52 - Payment from state highway suspense fund.

Section 67-3-53 - [Reversion of suspense fund balances.]

Section 67-3-54 - Flight strips, airport and access roads; contracts with federal government; secretary.

Section 67-3-55 - Flight strips, airports and access roads; bidding procedures; bond.

Section 67-3-56 - State transportation commission; power to acquire land for flight strip, airport or access thereto.

Section 67-3-57 - Annual appropriation; purposes.

Section 67-3-58 - Allotment of appropriation.

Section 67-3-59 - [Balances; continuation of appropriation.]

Section 67-3-59.1 - State highway debentures; issuance; limits; approval; coupons.

Section 67-3-59.2 - Highway infrastructure fund created; purpose.

Section 67-3-59.3 - State transportation project bonds; issuance; procedures; approval.

Section 67-3-59.4 - State transportation project bonds; authorization and appropriation; priorities; criteria; reports.

Section 67-3-60 - Bypasses and relocation projects; expenditure of highway funds; purpose.

Section 67-3-61 - Limitation of expenditures of highway funds for construction of highway bypasses.

Section 67-3-62 - Provisions for pedestrian, bicycle and equestrian traffic required.

Section 67-3-63 - Construction and maintenance of footpaths, bicycle lanes and bridle paths; expenditure of funds authorized.

Section 67-3-64 - Ramps for handicapped required.

Section 67-3-65 - State road fund created.

Section 67-3-65.1 - State road fund distribution.

Section 67-3-66 - Motor vehicle department [division] fees imposed by regulation; revenue disposition.

Section 67-3-67 - Name.

Section 67-3-68 - Purpose and interpretation.

Section 67-3-69 - Power to state highway and transportation department.

Section 67-3-70 - Use of appropriated funds.

Section 67-3-71 - State highway and transportation department; power to acquire property for transportation systems; power of eminent domain.

Section 67-3-71.1 - Right-of-way agreements; Navajo Nation; terms.

Section 67-3-72 - Transportation bonds.

Section 67-3-73 - Transportation bonds; terms.

Section 67-3-74 - Refunding bonds.

Section 67-3-75 - Transportation bonds eligible for investment.

Section 67-3-76 - Transportation bonds; exemption from taxation.

Section 67-3-77 - Definition.

Section 67-3-78 - Transportation project fund created; planning and prioritization of funding transportation projects for counties, municipalities and Indian nations, tribes and pueblos.

Appendix - Appendix to Article 3