Except as provided in Section 62-1-4 NMSA 1978, the court shall have the power to regulate and determine the place and manner of making railroad connections and crossings, or of using in common use as provided in Section 42A-2-3 NMSA 1978.
History: 1978 Comp., § 42A-2-4, enacted by Laws 1981, ch. 125, § 32.
ANNOTATIONSSection invests court with right to determine railroad track crossings. — This law applies to electric as well as steam railroads, and invests the court with the right to determine and regulate the place and manner of crossing by one railroad of the tracks of another. Atchison, T. & S.F. Ry. v. Citizens' Traction & Power Co., 1911-NMSC-018, 16 N.M. 154, 113 P. 810; Atchison, T. & S.F. Ry. v. Citizens' Traction & Power Co., 1919-NMSC-031, 25 N.M. 345, 182 P. 871.
Effect of railroad's making crossing under erroneous court decision. — Where a street railroad without right and contrary to law made a crossing over a railroad under the permission of an erroneous decision of the district court denying an injunction to prevent the construction of the crossing, which decision was later reversed by the supreme court, the railroad could by supplemental complaint pray for an order regulating and determining the place and manner of making the crossing, and the enjoyment of its common use, and for an injunction restraining the use of the crossing until defendant complies with the order of the court, and for the recovery of money for maintenance. Atchison, T. & S.F. Ry. v. Citizens' Traction & Power Co., 1919-NMSC-031, 25 N.M. 345, 182 P. 871.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 26 Am. Jur. 2d Eminent Domain § 126; 27 Am. Jur. 2d Eminent Domain § 910 et seq.
29A C.J.S. Eminent Domain §§ 67, 196, 267.