Property or property rights acquired by purchase or condemnation by the state or any commission, department, bureau, agency or political subdivision of the state for public road, street or highway purposes shall not revert until such property or property rights are vacated or abandoned by formal written declaration of vacation or abandonment which has been duly declared by the state or any commission, department, institution, bureau, agency or political subdivision of the state in whom the property or property right has vested. The right to abandon and vacate shall exist regardless of whether the public road, street or highway was created by the legislature or otherwise.
History: 1953 Comp., § 55-1-6, enacted by Laws 1959, ch. 192, § 1; 1975, ch. 192, § 1.
ANNOTATIONSConveyance of abandoned highway to underlying property owner. — Where the state transportation commission vacated and abandoned and conveyed a portion of SR 582 to the Pueblo of San Juan which ran through the lands of the pueblo within a right-of-way easement that was obtained from the pueblo, the conveyance was an incidental action to complete the reversionary process of vacation and abandonment of the road and the commission did not act in excess of its delegated authority. Piedra, Inc. v. N.M. Transp. Comm'n, 2008-NMCA-089, 144 N.M. 382, 188 P.3d 106, cert. denied, 2008-NMCERT-005, 144 N.M. 331, 187 P.3d 677.
Conveyance of abandoned highway to county. — Where the state transportation commission deleted a portion of SR 582 from the state highway system and conveyed it to Rio Arriba county pursuant to an exchange agreement with the county that defined each party's responsibilities for improving and maintaining public roads in the county, the commission did not act in excess of its delegated authority. Piedra, Inc. v. N.M. Transp. Comm'n, 2008-NMCA-089, 144 N.M. 382, 188 P.3d 106, cert. denied, 2008-NMCERT-005, 144 N.M. 331, 187 P.3d 677.
County commissioners proper body to vacate or abandon roads. — Sections 67-2-4, 67-2-6 and 67-2-7 NMSA 1978 all relate to the vacation or abandonment of public highways, streets or roads by formal declaration, determination or order of the state or the appropriate commission, department, institution, bureau or political subdivision thereof. Being in pari materia, these statutes should be construed so as to give effect to every provision. They evince an intent on the part of the legislature to provide a formal procedure for the abandonment or vacation of public roads, streets and highways, and the district courts are not vested with this power. The county commission is the proper body to abandon or vacate roads in suit to quiet title. Chavez v. County of Valencia, 1974-NMSC-035, 86 N.M. 205, 521 P.2d 1154.
Subject-matter jurisdiction not conferred by consent. — Although the county entered an appearance in the quiet title suit and participated in the proceedings therein conducted by the district court, this did not confer jurisdiction or power in the district court over the subject matter of the suit, insofar as the subject matter of the suit was concerned with the quieting of title in the roads as subject-matter jurisdiction cannot be conferred by consent of the parties. Chavez v. County of Valencia, 1974-NMSC-035, 86 N.M. 205, 521 P.2d 1154.
"Duly declared". — While this section simply requires a "duly declared" written abandonment, the section is silent regarding what constitutes a "duly declared" abandonment. State ex rel. Madrid v. UU Bar Ranch Ltd. P'ship, 2005-NMCA-079, 137 N.M. 719, 114 P.3d 399, cert. denied, 2005-NMCERT-006, 137 N.M. 766, 115 P.3d 229.
Board of finance approval. — State board of finance approval is required if abandoned public road is valued at more than $2,500. State ex rel. Madrid v. UU Bar Ranch Ltd. P'ship, 2005-NMCA-079, 137 N.M. 719, 114 P.3d 399, cert. denied, 2005-NMCERT-006, 137 N.M. 766, 115 P.3d 229.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 39 Am. Jur. 2d Highways, Streets and Bridges §§ 137 to 156, 184, 185.
39A C.J.S. Highways §§ 130 to 135.