Counties authorized to contract with commission; insufficient funds; exemption from Bateman Act.

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The boards of county commissioners of the respective counties of this state are hereby authorized to enter into cooperative agreements with the state transportation commission in accordance with the provisions of Sections 67-3-28 and 67-3-30 NMSA 1978. An agreement shall bind the state and a county becoming a party thereto and shall not be invalidated by reason of the fact that a participating county may not have or collect during the current year sufficient money to pay the indebtedness of said county incurred under such contract for said current year. A contract shall be exempted from the provisions of Section 6-6-11 NMSA 1978.

History: Laws 1929, ch. 100, § 3; C.S. 1929, § 64-603; 1941 Comp., § 58-222; 1953 Comp., § 55-2-22; 2003, ch. 142, § 44.

ANNOTATIONS

The 2003 amendment, effective July 1, 2003, added the section heading; substituted "state transportation commission" for "state highway commission; substituted" "Sections 67-3-28 and 67-3-30 NMSA 1978" for "this act and. All such agreements"; substituted "Section 6-6-111 NMSA 1978" for "Section 1227 of the New Mexico Statutes Annotated"; and in the last sentence substituted "Section 6-6-11 NMSA 1978" for "Section 1227 of the New Mexico Statutes Annotated".

Installment payments not prohibited. — In view of this section, Bateman Act (6-6-11 NMSA 1978) would not prevent board of county commissioners from contracting with state highway department (now state transportation department) for acquisition of right-of-way on an installment payment plan. 1946 Op. Att'y Gen. No. 46-4887.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 39 Am. Jur. 2d Highways, Streets and Bridges § 16.

39A C.J.S. Highways § 158(1).


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