The board of county commissioners of each county shall have the power to lay out, alter or discontinue any road running through one or more precincts or townships in such county and to perform such other duties respecting roads as may be required by law.
History: Laws 1876, ch. 1, § 14(7); C.L. 1884, § 345(7); C.L. 1897, § 664(7); Code 1915, § 1203; C.S. 1929, § 33-4217; 1941 Comp., § 15-3520; 1953 Comp., § 15-37-22; 2011, ch. 137, § 108.
ANNOTATIONSCross references. — For application of moneys from United States forest reserves to road fund, see 6-11-3 NMSA 1978.
For funds for maintenance of secondary roads, see 6-11-6 NMSA 1978.
For cattleguards on school bus routes, see 22-16-8 NMSA 1978.
For snow removal on school bus routes, see 22-16-10 NMSA 1978.
For requirement of permission for utilities to use county roads, see 62-1-3 NMSA 1978.
For county highways, see 67-4-2 NMSA 1978 et seq.
For the Scenic Highway Zoning Act, see 67-13-1 NMSA 1978 et seq.
For rights-of-way for oil and gas pipelines, see 70-3-7 to 70-3-9 NMSA 1978.
For the Noxious Weed Control Act, see 76-7-1 NMSA 1978 et seq.
Compiler's notes. — Laws 1927, ch. 41, § 722, purports to repeal "So much of Section 1203 [this section] . . . as relates to elections . . .." The second paragraph of this section was therefore omitted from the 1929, 1941 and 1953 Comps. However, the paragraph is set out above since N.M. Const., art. IV, § 18 requires the section to be amended to be set out in full which was not done as to this section in Laws 1927, ch. 41.
The 2011 amendment, effective July 1, 2011, eliminated the duty of boards of county commissioners to appoint a board of registration for the registration of voters and judges of elections, the authority to act as boards of canvassers, the duty of judges of elections to make returns, and requirements for canvassing elections.
Road construction and repair. — Counties possess the authority to construct or repair county roads within their boundaries. Bolton v. Board of County Comm'rs, 1994-NMCA-167, 119 N.M. 355, 890 P.2d 808, cert. denied, 119 N.M. 311, 889 P.2d 1233 (1995).
When dedication of land by owner binding upon county. — Though dedication of land by the owner to public use may bind the dedicator, the county is not bound until there has been an acceptance by the board of county commissioners. State ex rel. Shelton v. Board of Comm'rs, 1945-NMSC-027, 49 N.M. 218, 161 P.2d 212.