All roads and highways, except private roads, established in pursuance of any law of New Mexico, and roads dedicated to public use, that have not been vacated or abandoned, and such other roads as are recognized and maintained by the corporate authorities of any county in New Mexico, are hereby declared to be public highways.
History: Laws 1905, ch. 124, § 1; Code 1915, § 2626; C.S. 1929, § 64-101; 1941 Comp., § 58-101; 1953 Comp., § 55-1-1.
ANNOTATIONSCross references. — For post roads and mail roads declared public roads, see 67-2-3 NMSA 1978.
Prior acts in conflict to be repealed. — This act (Laws 1905, ch. 124) is comprehensive in its scope and repeals all prior acts in conflict therewith. State Highway Comm'n v. Sargent, 1915-NMSC-065, 20 N.M. 577, 151 P. 232.
Subdivision Act, ch. 47, art. 6 NMSA 1978, deals with the subject of subdivision roads and county road maintenance in a much more detailed way than this section and 67-2-2 NMSA 1978; therefore, the Subdivision Act controls over the more general statutes. McGarry v. Scott, 2003-NMSC-016, 134 N.M. 32, 72 P.3d 608.
Dedication and acceptance may be established by use alone. — In New Mexico a highway may be established by dedication and acceptance which may be established by use along and 10-year statute of limitations is not applicable in fixing the time of user necessary to constitute an acceptance. Lovelace v. Hightower, 1946-NMSC-013, 50 N.M. 50, 168 P.2d 864.
Recognition of "public roads" created by prescription. — This section states that two classes of roads are public roads, but this does not prohibit other sorts of roads from being found to be "public roads" as this state has in fact recognized the principle that public roads may be created by prescription. Dutton v. Slayton, 1979-NMSC-031, 92 N.M. 668, 593 P.2d 1071.
Error in categorizing road as public. — Since record showed that road in question had belonged to plaintiffs for over 45 years, that road had been categorized as a county road without apparent authority, that objections had been made by plaintiffs to blading operations by county machinery, and that other uses were with permission of the plaintiffs, such use was insufficient to satisfy this section as having been recognized and maintained by the corporate authorities of the county and trial court erred in categorizing the road as public. Norero v. Board of Cnty. Comm'rs, 1971-NMSC-019, 82 N.M. 300, 481 P.2d 88.
Mandamus dismissed where no acceptance or maintenance. — Mandamus to compel board of county commissioners to remove obstructions from land purportedly part of public highway is to be dismissed in absence of proof of acceptance of dedication or at least of partial maintenance with public funds. State ex rel. Shelton v. Board of Comm'rs, 1945-NMSC-027, 49 N.M. 218, 161 P.2d 212.
Special benefit not to condemn purpose. — The fact that a public highway will be of especial benefit to one citizen does not condemn its purpose. Gallegos v. Conroy, 1934-NMSC-007, 38 N.M. 154, 29 P.2d 334.
Ban on passing not applicable where private road. — Where roadway is shown not to be a public road, then the statutory ban on passing other vehicles within 100 feet of an intersection of two roads does not apply. Moore v. Armstrong, 1960-NMSC-098, 67 N.M. 350, 355 P.2d 284.
Long-continued use of a road by the public is sufficient to constitute it a public highway. 1925 Op. Att'y Gen. No. 25-3844.
Scope of public highways. — Roads declared to be public highways are not confined to roads established by the laws of the territory or state, but extend to all roads dedicated to the public use for a long period of years and which have not been abandoned. 1919 Op. Att'y Gen. No. 19-2345.
Fort Sumner-Las Vegas road, which was opened, recognized and maintained by Guadalupe county and the United States, is a public road, and obstructions placed thereon should be removed. 1917 Op. Att'y Gen. No. 17-2018.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 39 Am. Jur. 2d Highways, Streets and Bridges §§ 1, 2, 4 to 8, 11.
39A C.J.S. Highways § 1.