For the purposes of Chapter 67, Article 11 NMSA 1978, the state transportation commission alone or in agreement with any county, city, town or village may acquire private or public property and property rights for controlled-access facilities and service roads, including rights of access, air, view and light, by purchase or condemnation in the same manner as such units are authorized by law to acquire such property or property rights in connection with highways and streets within their respective jurisdictions. All property rights acquired under the provisions of Chapter 67, Article 11 NMSA 1978 shall be in fee simple except, in circumstances where fee simple cannot be obtained, an appropriate easement in perpetuity shall be acceptable. In connection with the acquisition of property or property rights for any controlled-access facility or portion thereof or service road in connection therewith, the state transportation commission, alone or in agreement with any county, city, town or village highway authority may, in its discretion, acquire an entire lot, block or tract of land if, by so doing, the interests of the public will be best served even though the entire lot, block or tract is not immediately needed for the right of way proper.

History: 1953 Comp., § 55-10-5, enacted by Laws 1957, ch. 234, § 5; 2003, ch. 142, § 84.

The 2003 amendment, effective July 1, 2003, substituted "Chapter 67, Article 11 NMSA 1978" for "this act"; and substituted "state transportation commission" for "state highway commission".

Public property taken for public purposes by commission must be compensated for under provisions for alternative procedure in eminent domain (42-2-1 to 42-2-16 NMSA 1978). State ex rel. State Highway Comm'n v. Board of Cnty. Comm'rs, 1963-NMSC-074, 72 N.M. 86, 380 P.2d 830.

Occupation and use of city park lands. — The commission may not occupy and use city park lands for highway purposes without the payment of compensation to the city. State ex rel. State Highway Comm'n v. City of Albuquerque, 1960-NMSC-110, 67 N.M. 383, 355 P.2d 925.

County courthouse and hospital lands. — The county must be compensated where commission takes county hospital and courthouse land and uses it for highway purposes. State ex rel. State Highway Comm'n v. Board of Cnty. Comm'rs, 1963-NMSC-074, 72 N.M. 86, 380 P.2d 830.

Access by highway abutters. — Abutters have a right of access to the public roads system, but it does not necessarily follow that they have a right of direct access to the main-traveled portions thereof. Circuity of travel, as long as it is not unreasonable, and any loss in land value by reason of the diversion of express traffic, are noncompensable. State ex rel. State Highway Comm'n v. Danfelser, 1963-NMSC-138, 72 N.M. 361, 384 P.2d 241, cert. denied, 375 U.S. 969, 84 S. Ct. 487, 11 L. Ed. 2d 416 (1964).

Effect of filing condemnation of access suit. — The filing of the suit which had for one of its purposes the condemnation of access was in effect an admission by plaintiff that the taking was not by way of the police power and it was not error for the trial court to insist that the case be tried on the same theory and not to permit an amendment raising a theory of regulation of ingress. State ex rel. State Highway Comm'n v. Weatherly, 1960-NMSC-048, 67 N.M. 97, 352 P.2d 1010.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 39 Am. Jur. 2d Highways, Streets and Bridges § 8.

Abutting owner's right to damages or other relief for loss of access because of limited access to highway or street, 43 A.L.R. 1072.

Power to directly regulate or prohibit abutter's access to street or highway, 73 A.L.R.2d 652.

39A C.J.S. Highways § 141.