There is hereby granted to every railroad corporation formed under the laws of New Mexico a right-of-way for its railroads and telegraphs to the width of one hundred feet on each side of the center line of the track over and through any of the swamp or overflowed lands or other lands, which belonged to the territory of New Mexico, and in cases where deep excavations, or heavy embankments, or other cuttings, ditches, drains, canals, culverts or structures to protect the road beds and to facilitate the use and enjoyment of the same, is or may be required for the grade or other uses of said roads, then, at such places, a greater width of such lands may be taken by such corporation, and the same is hereby further granted to such corporation, not exceeding, in addition, five hundred feet wide. And the right is hereby further granted to such corporation to locate, occupy and hold so much of said lands as may be necessary for sites and grounds for watering places, depots, stations or other buildings or structures, along the line of said railroads necessary for the accommodation of the public, the operating of said roads and the transaction of the business of such corporation. And the further right is hereby granted to such corporation to appropriate to its use, by means of pipes, ditches, aqueducts or other conduits, so much of the waters of any springs or streams on said lands as may be necessary to the operating of the roads and the transaction of the business of such corporation, together with the right-of-way over said lands to such springs or streams for such pipes, ditches, aqueducts or other conduits.

History: Laws 1878, ch. 1, ch. [tit.] 9, § 1; C.L. 1884, § 2689; C.L. 1897, 3878; Code 1915, § 4700; C.S. 1929, § 116-301; 1941 Comp., § 74-209; 1953 Comp., § 69-2-9.

Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.

Compiler's notes. — On July 3, 1914, the attorney general held that this section had been superseded by Laws 1899, ch. 74, § 11, Laws 1905, ch. 111, § 13, Laws 1907, ch. 104, § 30, as amended by Laws 1909, ch. 25, § 1, and by Laws 1912, ch. 82, § 53 (19-7-57 NMSA 1978). The 1915 Code compilers substituted "which belonged to the territory of New Mexico" for "which now belong to this territory or may hereafter become the property of this territory," making this section applicable to former territorial lands, while 19-7-57 NMSA 1978 might be applicable only to other state lands. However, insofar as land granted to the territory by the federal government is concerned, the same opinion of the attorney general appears still applicable, since it holds that such lands cannot be given away but must be used for the purposes and in the manner provided by the acts of congress which made the donations.

Cross references. — For state and municipalities not to aid private enterprise, see N.M. Const., art. IX, § 14.

For fencing of railroads and liability for animals killed, see 77-16-16 to 77-16-18 NMSA 1978.

Am. Jur. 2d, A.L.R. and C.J.S. references. — Construction of statutes requiring railroads to provide for the drainage or flow of waters, 19 A.L.R.2d 967.

Railroads' liability for obstruction of stream by debris or waste causing damage by flooding or the like, 29 A.L.R.2d 447.