The county commissioners of the various counties in the state are hereby empowered and authorized to grant rights-of-way for laying and maintaining pipelines for oil and gas transportation in, on or over public highways in their respective counties to all applicants upon such terms and conditions as such county commissioners deem to be for the best interests of their respective counties, and as prescribed by the terms of this act [70-3-7 to 70-3-9 NMSA 1978].
History: Laws 1921, ch. 22, § 1; C.S. 1929, § 33-4249; 1941 Comp., § 69-310; 1953 Comp., § 65-4-11.
Application of act. — So far as use of roads is made for transportation alone but not for distribution, 70-3-7 NMSA 1978 will apply, and in event commodity is being transported on public ways for resale to public utility, and not directly by owner of pipe for distribution to general public, a charge can be made under this section. 1957 Op. Att'y Gen. No. 57-124.
Law reviews. — For note, "The Use of Eminent Domain for Oil and Gas Pipelines in New Mexico," see 4 Nat. Res. J. 360 (1964).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 61 Am. Jur. 2d Pipelines § 27.
73A C.J.S. Public Lands § 70.
Structure New Mexico Statutes
Section 70-3-2 - License; fees; disposition.
Section 70-3-4 - Pipelines; crossing of railroads and highways.
Section 70-3-5 - Eminent domain power.
Section 70-3-6 - [Private telegraph or telephone line along right-of-way of pipeline.]
Section 70-3-7 - [Use of public highways by pipeline; grant of right by county commissioners.]
Section 70-3-9 - Pipeline highway use forms.
Section 70-3-11 - Short title.
Section 70-3-12 - Definitions.
Section 70-3-13 - Powers and duties of commission.
Section 70-3-13.1 - Master meter outreach and education.
Section 70-3-14 - Adoption of regulations; notice and hearing.
Section 70-3-15 - Validity of regulation; judicial review.
Section 70-3-16 - Waiver of regulations.
Section 70-3-17 - Continuity of service.
Section 70-3-19 - Enforcement; penalties.
Section 70-3-20 - Pipeline safety engineer and staff.
Section 70-3-21 - Pipeline safety fund; created; assessment and collection of fees.