The petitioners shall deposit with the county clerk of the county in which any road is sought to be altered, widened, changed or laid out and established, a sufficient sum of money, which shall be fixed by the board of county commissioners, to defray the expense of viewing the proposed road, which sum shall be paid into the county road fund in case the prayer of the petitioner is refused, but if the board of county commissioners alter, widen, change or lay out such road, then such sum shall be returned to the person or persons depositing the same. The petitioners in lieu of such deposit may file with the county clerk aforesaid, a good and sufficient bond conditioned for the payment of the expenses of viewing such road should the prayer of the petitioner be refused.
History: Laws 1905, ch. 124, § 5; Code 1915, § 2657; C.S. 1929, § 64-706; 1941 Comp., § 58-406; 1953 Comp., § 55-4-6.
Structure New Mexico Statutes
Article 5 - Vacation, Alteration and Establishment of County Roads and Bridges
Section 67-5-1 - [County bridges, township and section lines are parts of public highways; width.]
Section 67-5-2 - [Width of public highways.]
Section 67-5-4 - [Discontinuance; procedure; viewers; county-line roads.]
Section 67-5-5 - [Alteration or establishment; petition; contents.]
Section 67-5-6 - Establish rights-of-way.
Section 67-5-7 - [Petitioners' deposit or bond covering viewing expense.]
Section 67-5-8 - [Proposed county-line roads; petitions; viewers; opening and maintaining.]
Section 67-5-10 - [Warrants to viewers; contents.]
Section 67-5-11 - [Service of warrants; return; refusal of viewer to serve; forfeiture.]
Section 67-5-12 - Laying out road; assessment for damages; survey.
Section 67-5-13 - [Replacing road viewers.]
Section 67-5-14 - [Report of viewers; contents; compensation.]
Section 67-5-15 - [Consideration of viewer's report by county commissioners; additional data.]
Section 67-5-16 - [Approval of road opening; recording viewers' report.]
Section 67-5-17 - [Notice of road opening; prerequisites; posting.]
Section 67-5-18 - [Damages exceeding benefits; persons under disability.]
Section 67-5-19 - [Determination of damages on appeal to district court.]
Section 67-5-20 - [Establishment on petition of all owners.]
Section 67-5-21 - [Private roads; procedure for establishment.]