The purpose of Sections 67-3-60 and 67-3-61 NMSA 1978 is to foster and insure the correlation of state highway construction programs closely affecting smaller municipalities and unincorporated communities with the future economic growth, livelihood, development, safety and general welfare of the communities by limiting the use of public funds for the construction of highway bypasses or relocation projects diverting traffic and commerce from existing state highway routes through the communities in accordance with the provisions of all existing agreements between a municipality or county and the state transportation commission relating to obtaining the consent of the municipality or county pursuant to the provisions of Section 67-3-61 NMSA 1978.
History: 1953 Comp., § 55-2-50, enacted by Laws 1963, ch. 114, § 1; 1966, ch. 16, § 1; 2003, ch. 142, § 65.
The 2003 amendment, effective July 1, 2003, deleted "of Act" at the end of the section heading; substituted "Sections 67-3-60 and 67-3-61 NMSA 1978" for "this act"; substituted "state transportation commission" for "state highway commission"; and substituted "Section 67-3-61 NMSA 1978" for "Laws 1963, Chapter 114, Section 1 and Laws 1965, Chapter 188, Section 1" at the end of the section.
Effect of repeal of by-pass laws on agreements. — Since the commission and various municipal and county governing bodies have executed written agreements relative to highway construction and by-passes, such agreements are valid and binding upon the commission and the state highway department (now department of transportation) even if the by-pass laws (67-3-60 and 67-3-61 NMSA 1978) are repealed. 1966 Op. Att'y Gen. No. 66-13.
Law reviews. — For comment, "Constitutional Law - Delegation of Power - New Mexico Bypass Law," see 4 Nat. Resources J. 160 (1964).
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