Every lesee [lessee] of state lands, and every purchaser of state lands holding same under contract to purchase, who shall fence the same, shall erect and maintain gates and runways at all intersections at public highways, and failure so to do shall constitute a misdemeanor, upon conviction of which the lessee or holder of contract to purchase so convicted shall be punished by a fine of not more than twenty-five dollars [($25.00)] and in default of payment thereof, shall be imprisoned for not more than thirty days. Any person passing through such gate and failing to close the same shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as provided by this section.
History: Laws 1912, ch. 82, § 51; Code 1915, § 5229; Laws 1915, ch. 73, § 5; C.S. 1929, § 132-152; 1941 Comp., § 8-706; 1953 Comp., § 7-7-6.
Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Cross references. — For fence across public road being unlawful unless gate and cattle-guard passageway are maintained and permit secured, see 67-7-10 NMSA 1978.
Lessees of state lands may fence same and maintain gates at intersections of public highways. While a gate is an obstruction, yet it may be legalized by legislative enactment. 1914 Op. Att'y Gen. No. 14-1268, 1914 Op. Att'y Gen. No.14-1353, 1914 Op. Att'y Gen. No.14-1408.
Keeping open section line. — Fact that a line across state lands is a section line does not impose any obligation on anyone to keep it open, unless there has been a road established by the county commissioners, or by general usage before any right was acquired to the land on each side of the section line; but, even in case of such establishment of road, gates could be maintained. 1915 Op. Att'y Gen. No. 15-1455.
Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.
LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.
The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.
You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.
The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.
Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.