The state transportation commission is hereby authorized and empowered to remove any snow that it deems to be an obstacle to the parking of motor vehicles at any parking area that serves a skiing area. If the parking area is on lands owned by or leased from the state, municipal, county or federal government, the cost of snow removal shall be borne by the state as in the case of road maintenance. If the parking facilities are on private lands, the person in control of the skiing area shall be liable for the payment of such sum, not less than actual cost, as the state transportation commission decides to be the reasonable value of such snow removal. For the purposes of this section, the phrase "skiing area" shall mean any lands or areas used for the sport of skiing and recognized by the tourism department as a tourist attraction.
History: 1953 Comp., § 55-2-11.1, enacted by Laws 1967, ch. 20, § 2; 2003, ch. 142, § 36.
ANNOTATIONSThe 2003 amendment, effective July 1, 2003, substituted "state transportation commission" for "state highway commission"; and substituted "tourism department" for "department of development".
Compiler's notes. — Laws 1967, ch. 20, § 2, and Laws 1967, ch. 165, § 1, each enacted a new 55-2-11.1, 1953 Comp. However, since Laws 1967, ch. 20, also contained a Section 3, Laws 1967, ch. 20, §§ 2 and 3, have been compiled as 55-2-11.1 and 55-2-11.2, 1953 Comp. (67-3-17 and 67-3-18 NMSA 1978), and Laws 1967, ch. 165, § 1, has been compiled as 55-2-11.3, 1953 Comp. (67-3-19 NMSA 1978).
Authority of county to clear private road. — This section does not confer any authority upon a county department, so a county may not use its equipment to clear or blade a snow packed private road even if it charges a fee for such service. 1975 Op. Att'y Gen. No. 75-02.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 39 Am. Jur. 2d Highways, Streets and Bridges §§ 79, 112.
Duty to remove ice and snow from highway, 27 A.L.R. 1104.