A. Rights of way deemed necessary by the board of county commissioners for new roads or changes in location in roads shall be acquired by the board of county commissioners by donation by the owner, by payment of a price agreed upon by the owner and the board of county commissioners or by the exercise of the power of eminent domain in the manner provided by law for acquiring property for public use. No change of location of any portion of a state highway or road construction with federal or state aid shall be made without the approval of the state transportation commission.

B. Future rights of way may be designated without immediate acquisition if:

(1) the changes in the county highway map due to designation of a future right of way are posted at the county courthouse of the respective county;

(2) persons who may be adversely affected are notified of the future right of way designation and the estimated period of time that may elapse before acquisition;

(3) a hearing is provided for all interested persons; and

(4) the county highway map, as amended, is filed with the state transportation commission.

History: Laws 1921, ch. 135, § 11; C.S. 1929, § 64-211; 1941 Comp., § 58-311; 1953 Comp., § 55-3-12; Laws 1971, ch. 197, § 1; 2003, ch. 142, § 77.

Cross references. — For eminent domain, see Chapter 42A, Article 1 NMSA 1978.

The 2003 amendment, effective July 1, 2003, substituted "state transportation commission" for "state highway commission."

Damages not unreasonable or excessive. — The fact that the last award of damages for land condemned was 10 times as much as the original award is not indicative that the final judgment was unreasonable and excessive, without evidence of the value of the land. Board of Cnty. Comm'rs v. Wasson, 1933-NMSC-076, 37 N.M. 503, 24 P.2d 1098; Board of Cnty. Comm'rs v. Gardner, 1933-NMSC-077, 37 N.M. 514, 24 P.2d 1104.