No expenditure or contract for the expenditure of state public funds for purposes of construction of highway bypasses or highway relocation projects diverting public motor vehicle travel from a previously existing highway route shall be made that violates the provisions of an existing agreement 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 this section. An existing agreement between a municipality or county and the state transportation commission may be amended or revised by mutual consent of the parties to the agreement. Once authority is given by the governing authority and the state transportation commission has affirmatively acted in reliance upon the expressed approval, public funds may be expended and contracts executed despite subsequent withdrawal of approval by the governing authority.
History: 1953 Comp., § 55-2-51, enacted by Laws 1963, ch. 114, § 2; 1965, ch. 188, § 1; 1966, ch. 16, § 2; 2003, ch. 142, § 66.
The 2003 amendment, effective July 1, 2003, substituted "state transportation commission" for "state highway commission"; and substituted "this section" for "Laws 1963, Chapter 114, Section 1 and Laws 1965, Chapter 188, Section 1".
Saving clauses. — Laws 1965, ch. 188, § 2, provides that the act does not affect the limitations on expenditure of public funds imposed by Laws 1963, ch. 114 (67-3-60 NMSA 1978), prior to its effective date.
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highway department (now department of transportation) even if the by-pass laws (67-3-60 and 67-3-61 NMSA 1978) are repealed. 1966 Op.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).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 39 Am. Jur. 2d Highways, Streets and Bridges § 387.
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