When any state highway in the state of New Mexico, is continuously used by, or open for use to the public, as such, for a period of one year from and after the time this act [67-2-4, 67-2-5 NMSA 1978] goes into effect, or for a period of one year at any time thereafter, and the same has not been so used or occupied under any lease, contract or agreement recognizing the ownership of the right-of-way thereof in any person, firm or corporation, other than the state, such right-of-way shall be and become the property of and fee thereto shall vest in the state of New Mexico for such highway purposes, and the title thereto shall not thereafter be divested by adverse possession or in any other manner except with the consent of the state of New Mexico, so long as such right-of-way is so used for highway purposes.
History: Laws 1929, ch. 77, § 2; C.S. 1929, § 64-1902; 1941 Comp., § 58-105; 1953 Comp., § 55-1-5.
ANNOTATIONSStanding to appeal annexation proceeding. — The state's interest in highway property granted by this section satisfied the requirement for standing of the department to appeal an annexation proceeding under 3-7-17C NMSA 1978. State ex rel. State Highway & Transp. Dep't v. City of Sunland Park, 1999-NMCA-143, 128 N.M. 371, 993 P.2d 85.
On abandonment of portion of public highway, the adjoining landowner is revested with the fee without any limitation. 1945 Op. Att'y Gen. No. 45-4644.
Title to be conditional fee for public purposes only. — A public highway, even though acquired only by virtue of the one-year limitation statute, should be used only for public purposes. The state is only authorized to take private property for such purposes and even though the statute purports to place the fee thereof in the state of New Mexico, such title would appear to be a conditional fee for public purposes only. 1954 Op. Att'y Gen. No. 54-5884.
Erection of telephone line on public right-of-way. — If a telephone line is strictly a private one, then neither the county nor the state could consent to its erection on a public right-of-way. If, however, it is also devoted to a public use and the county authorized its erection, the commission might grant it a permit. 1954 Op. Att'y Gen. No. 54-5884.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 39 Am. Jur. 2d Highways, Streets and Bridges §§ 192 to 194.
39A C.J.S. Highways § 136.