The board of county commissioners having considered the report of any road review, and the compensation to which any person or persons damaged having been ascertained and paid to the owner or owners or into court for him or them, may order the road to be open for travel and declared a public highway. And if they do so, or order, they shall cause notices to be posted at three public places along the line of such road, giving all parties notice that they have or will direct their proper officers to open and work the same from and after sixty days from the date of such notice: provided, no such road shall be ordered opened through fields of growing crops or along a line where growing crops would thereby be exposed to stock until the owner or owners of such crops shall have sufficient time to harvest and take care of the same.
History: Laws 1905, ch. 124, § 15; Code 1915, § 2667; C.S. 1929, § 64-716; 1941 Comp., § 58-416; 1953 Comp., § 55-4-16.
Remedy to review alteration of award. — There is no appeal provided for action of a board of county commissioners in altering an award made by viewers in proceeding to lay out a road. The proper remedy to review quasi-judicial action by board of county commissioners is by certiorari. State ex rel. Sisney v. Board of Comm'rs, 1921-NMSC-054, 27 N.M. 228, 199 P. 359.
Requirements for payment or tender of damages. — This section only requires the payment or tender of the damages awarded prior to the actual taking of the property required. Michelet v. Board of Comm'rs, 1915-NMSC-078, 21 N.M. 95, 152 P. 1140.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 39A C.J.S. Highways §§ 43, 46.
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