US Lawyer Database

For Lawyer-Seekers

YOU DESERVE THE BEST LAWYER

Home » US Law » 2021 New Mexico Statutes » Chapter 67 - Highways » Article 3 - State Transportation Commission

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

The department may enter into cooperative agreements with any branch, agency, department, board, instrumentality or institution of the state or United States government; with the respective municipalities, school districts and counties in this state; or with any adjoining state for the construction or improvement of public highways and streets within the control of a branch, […]

Section 67-3-28.1 – Repealed.

ANNOTATIONS Repeals. — Laws 1989, ch. 63, § 1 repeals 67-3-28.1 NMSA 1978, as enacted by Laws 1983, ch. 305, § 6, relating to equitable division of funds between highway construction districts, effective June 16, 1989. For provisions of former section, see 1988 Cumulative Supplement.

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

A. There is created in the state treasury the “local governments road fund” to be administered by the department. All income received from investment of the fund shall be credited to the fund. No money in the fund shall be used by the department to administer any program, and except as provided in Subsection E […]

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

The state transportation commission may establish and maintain within the department qualified technical personnel including engineers, designers and survey crews to assist counties and municipalities in the engineering, design and other technical aspects of county and municipal road projects. History: 1953 Comp., § 55-2-20.1, enacted by Laws 1973, ch. 143, § 1; 2003, ch. 142, […]

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

In entering into cooperative agreements pursuant to Section 67-3-28 NMSA 1978, the state transportation commission shall give preference to political subdivisions of this state if the subdivision contributes an amount equal to at least twenty-five percent of the project cost. History: 1978 Comp., § 67-3-32, enacted by Laws 1983, ch. 38, § 1; 1999, ch. […]

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

Whenever a federal aid road project has been approved by the state transportation commission, the secretary is hereby authorized to execute and sign for and on behalf of the commission the project agreement and modifications thereof and all required documents in connection with such project. The agreements, modifications and documents so executed and signed shall […]

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

The secretary, by and with the approval of the state transportation commission, may appoint some suitable person who shall be authorized to sign the name of said engineer to all vouchers as he designates from time to time in writing for the disbursement of funds. The appointee shall take the oath of office required of […]

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

Except as provided in Section 67-3-37 NMSA 1978, the rights of way deemed necessary by the state transportation commission for highways constructed or reconstructed under the supervision of the state transportation commission shall be acquired by the county through which such highways shall or do pass by donation, agreement, exchange, by the exercise of the […]

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

A. In the acquisition of property or property rights deemed necessary by the state transportation commission for construction or reconstruction of the national system of interstate and defense highways, more commonly known as the “federal aid interstate system”, the “federal aid primary system” and the “federal aid secondary system”, the state transportation commission shall, at […]

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

When the state transportation commission secures property or property rights required for the construction or reconstruction of the federal aid interstate system, the federal aid primary system or the federal aid secondary system, it is the duty of the district attorney for the county wherein such property or property rights are situate to aid and […]

Section 67-3-39 – Waiver of immunity.

Nothing contained herein shall be construed as waiving the state’s immunity to suit without its consent. History: 1953 Comp., § 55-2-28.4, enacted by Laws 1963, ch. 249, § 4. ANNOTATIONS Am. Jur. 2d, A.L.R. and C.J.S. references. — 39 Am. Jur. 2d Highways, Streets and Bridges § 119.

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 […]

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

For the purposes of Chapter 67 NMSA 1978, necessary bridges, culverts and other appertaining structures on any highway shall be considered a part of such highway. Not more than fifty percent of the cost of all construction or improvement of highways, under the provisions of Chapter 67 NMSA 1978, shall be paid by the state […]

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

The state highway department may construct, reconstruct and maintain all state highways by work done with its own forces or let the work on contract after advertising for bids subject to the approval of the state highway commission. Such advertisement for bids shall be in accordance with the rules and regulations adopted therefor by the […]

Section 67-3-45 – Repealed.

ANNOTATIONS Repeals. — Laws 1981, ch. 127, § 20, repeals 67-3-44 and 67-3-45 NMSA 1978, relating to the use of convict labor on highway work. Laws 1981, ch. 127, contains no effective date provision applicable to this section, but was enacted at the session which adjourned on March 21, 1981. See N.M. Const., art. IV, […]