It shall be the duty of such commission to construct, repair and maintain, at the expense of the state either wholly or in part, such public roads and highways, within the state, as in their judgment will best subserve the interest of the general public, looking to the construction and maintenance of a complete system of highways in the state.

History: Laws 1909, ch. 42, § 4; Code 1915, § 2638; C.S. 1929, § 64-331; 1941 Comp., § 58-211; 1953 Comp., § 55-2-11.

Cross references. — For establishment of department of transportation, see 67-3-6 NMSA 1978.

Purpose of commission. — The paramount purpose of the creation of the commission was to subserve the public interest, in construction and maintenance of a complete system of highways in the state. Gallegos v. Conroy, 1934-NMSC-007, 38 N.M. 154, 29 P.2d 334.

Public necessity of right of way not obviated by donation. — Merely because an individual gratuitously gave to the state a right of way does not negative the public necessity thereof. Gallegos v. Conroy, 1934-NMSC-007, 38 N.M. 154, 29 P.2d 334.

Commission, not courts, to determine highway necessity. — Need or requirement for construction of a particular piece of highway is a matter to be determined by the commission and not by the courts. Gallegos v. Conroy, 1934-NMSC-007, 38 N.M. 154, 29 P.2d 334.

No authority to designate city underpass as state highway. — The commission is not authorized by this section, 67-2-4, 67-3-15 or 67-3-41 NMSA 1978 to designate an underpass in a city as a state highway. Springer Transfer Co. v. City of Albuquerque, 1940-NMSC-039, 44 N.M. 407, 103 P.2d 129.

Power to improve road. — Until the commission certifies back to a county or municipality a section of road it has been using as part of the state highway system, and for which an alternative route has been adopted, it has the power to improve such section under 67-3-14, 67-3-16, 67-3-26, 67-3-31 and 67-3-40 NMSA 1978. 1934 Op. Att'y Gen. No. 34-797.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 39 Am. Jur. 2d Highways, Streets and Bridges §§ 64 to 69.

Liability, in motor vehicle-related cases, of governmental entity for injury, death, or property damage resulting from defect or obstruction in shoulder of street or highway, 19 A.L.R.4th 532.

Governmental liability for compensation or damages to advertiser arising from obstruction of public view of sign or billboard on account of growth of vegetation in public way, 21 A.L.R.4th 1309.

Liability of governmental entity for damage to motor vehicle or injury to person riding therein resulting from collision between vehicle and domestic animal at large in street or highway, 52 A.L.R.4th 1200.

Highways: governmental duty to provide curve warnings or markings, 57 A.L.R.4th 342.

Governmental tort liability as to highway median barriers, 58 A.L.R.4th 559.

Governmental tort liability for detour accidents, 1 A.L.R.5th 163.

40 C.J.S. Highways § 179.