When any state highway in the state of New Mexico, is continuously used by, or open for use to the public, as such, for a period of one year from and after the time this act [67-2-4, 67-2-5 NMSA 1978] goes into effect, or for a period of one year at any time thereafter, and the same has not been so used or occupied under any lease, contract or agreement recognizing the ownership of the right-of-way thereof in any person, firm or corporation, other than the state, such right-of-way shall be and become the property of and fee thereto shall vest in the state of New Mexico for such highway purposes, and the title thereto shall not thereafter be divested by adverse possession or in any other manner except with the consent of the state of New Mexico, so long as such right-of-way is so used for highway purposes.
History: Laws 1929, ch. 77, § 2; C.S. 1929, § 64-1902; 1941 Comp., § 58-105; 1953 Comp., § 55-1-5.
Standing to appeal annexation proceeding. — The state's interest in highway property granted by this section satisfied the requirement for standing of the department to appeal an annexation proceeding under 3-7-17C NMSA 1978. State ex rel. State Highway & Transp. Dep't v. City of Sunland Park, 1999-NMCA-143, 128 N.M. 371, 993 P.2d 85.
On abandonment of portion of public highway, the adjoining landowner is revested with the fee without any limitation. 1945 Op. Att'y Gen. No. 45-4644.
Title to be conditional fee for public purposes only. — A public highway, even though acquired only by virtue of the one-year limitation statute, should be used only for public purposes. The state is only authorized to take private property for such purposes and even though the statute purports to place the fee thereof in the state of New Mexico, such title would appear to be a conditional fee for public purposes only. 1954 Op. Att'y Gen. No. 54-5884.
Erection of telephone line on public right-of-way. — If a telephone line is strictly a private one, then neither the county nor the state could consent to its erection on a public right-of-way. If, however, it is also devoted to a public use and the county authorized its erection, the commission might grant it a permit. 1954 Op. Att'y Gen. No. 54-5884.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 39 Am. Jur. 2d Highways, Streets and Bridges §§ 192 to 194.
39A C.J.S. Highways § 136.
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.