All county roads and bridges shall be maintained at the expense of the respective counties. All roads, and bridges upon roads, that have been declared to be a state highway by acts of the legislature or resolution of the state transportation commission shall be maintained at the expense of the state, provided, that whenever there are not sufficient funds available in the state road fund for maintenance of all state highway mileage in any county, the state transportation commission shall certify to the board of county commissioners of the county the sections of highways that it is unable to maintain at state expense, and these sections shall thereafter be maintained at the expense of the county until such time as there are state funds available to maintain them.

History: Laws 1921, ch. 135, § 12; C.S. 1929, § 64-212; 1941 Comp., § 58-312; 1953 Comp., § 55-3-13; 2003, ch. 142, § 78.

The 2003 amendment, effective July 1, 2003, added the section heading; and substituted "state transportation commission" for "state highway commission".

Extensions of federal aid system. — State highway department (now department of transportation) may construct and maintain extensions of federal aid system into and through municipalities and secondary and feeder roads. 1933 Op. Att'y Gen. No. 33-625.

Public meeting required. — While the board of county commissioners need not hold a hearing when it closes a county road or highway for repair and maintenance, former 67-4-9 NMSA 1978 required a public meeting that educates county residents about roads on which the county will work in the following year. 1988 Op. Att'y Gen. No. 88-62.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 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.