Any owner of lands abutting any highway, street or road, his heirs or assigns may petition the state or any commission, department, bureau, agency or political subdivision thereof, who believes a section of any public road, street or highway is not [no] longer needed for public purposes, [and] may petition the state or any commission, department, bureau, agency or political subdivision thereof for a formal determination of abandonment or vacation.
History: 1953 Comp., § 55-1-7, enacted by Laws 1959, ch. 192, § 2.
Bracketed material. — The bracketed material in this section was inserted by the compiler for purposes of clarity; it was not enacted by the legislature and is not a part of the law.
County commissioners proper body to vacate or abandon roads. — Sections 67-2-4, 67-2-6 and 67-2-7 NMSA 1978 all relate to the vacation or abandonment of public highways, streets or roads by formal declaration, determination or order of the state or the appropriate commission, department, institution, bureau or political subdivision thereof. Being in pari materia, these statutes should be construed so as to give effect to every provision. They evince an intent on the part of the legislature to provide a formal procedure for the abandonment or vacation of public roads, streets and highways, and the district courts are not vested with this power. The county commission is the proper body to abandon or vacate roads in suit to quiet title. Chavez v. County of Valencia, 1974-NMSC-035, 86 N.M. 205, 521 P.2d 1154.
Subject-matter jurisdiction not conferred by consent. — Although the county entered an appearance in the quiet title suit and participated in the proceedings therein conducted by the district court, this did not confer jurisdiction or power in the district court over the subject matter of the suit, insofar as the subject matter of the suit was concerned with the quieting of title in the roads as subject-matter jurisdiction cannot be conferred by consent of the parties. Chavez v. County of Valencia, 1974-NMSC-035, 86 N.M. 205, 521 P.2d 1154.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 39 Am. Jur. 2d Highways, Streets and Bridges § 148.
39A C.J.S. Highways §§ 130 to 135.
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