County bridges are parts of public highways and must not be less than sixteen feet in width; when practicable the county commissioners shall declare all township and section lines, public highways of not less than forty feet in width, and where there is no improvement, no compensation shall be paid for such highways.
History: Laws 1891, ch. 89, § 2; C.L. 1897, § 1829; Code 1915, § 2653; C.S. 1929, § 64-702; 1941 Comp., § 58-401; 1953 Comp., § 55-4-1.
ANNOTATIONSCompiler's notes. — The 1915 Code compilers omitted the first sentence of this section which read: "The right of way of county and territorial roads hereafter established must be not less than forty feet wide nor more than eighty feet, but any road already established may be made wider." Its omission may be accounted for by the provisions of 67-5-2 NMSA 1978.
Section insufficient to accept federal right of way grant. — This section, if intended as acceptance of federal grant of right of way for construction of highways over public lands, was insufficient for such purpose. Frank A. Hubbell Co. v. Gutierrez, 1933-NMSC-046, 37 N.M. 309, 22 P.2d 225.
Compensation necessary where private lands declared public highways. — Section lines cannot be declared public highways without compensation where lands are privately owned. Frank A. Hubbell Co. v. Gutierrez, 1933-NMSC-046, 37 N.M. 309, 22 P.2d 225.
Constitutionality of provision authorizing taking without compensation. — Statutory provision, if intended to authorize boards of county commissioners to take private lands along section lines for highway without compensation, would be unconstitutional. Frank A. Hubbell Co. v. Gutierrez, 1933-NMSC-046, 37 N.M. 309, 22 P.2d 225.
Procedure for establishment of section line highways. — Highways on section lines must be established under regular statutory proceedings the same as any other highway. Frank A. Hubbell Co. v. Gutierrez, 1933-NMSC-046, 37 N.M. 309, 22 P.2d 225.
Compensation for private property taken. — Although this section authorizes county commissioners to declare township and section lines public highways, they must provide compensation for any private property taken and comply with the ordinary statutory procedures for establishing county roads. 1988 Op. Att'y Gen. No. 88-59.
Section not self-executing. — Although this section authorizes the county commissioners to establish public highways on section lines, this is not self-executing, and private property cannot be taken for such highways without just compensation. 1913 Op. Att'y Gen. No. 13-990, 1913 Op. Att'y Gen. No. 13-1012; 1914 Op. Att'y Gen. No. 14-1199.
Section does not preserve section lines for road purposes, and if there has been a permissive use only of a section line, the owner of the land may fence it up or put gates on it. 1913 Op. Att'y Gen. No. 13-1052.
No obligation to keep section line as road. — Unless a road was established on a section line before any right was acquired by the owner on one side to land on the other side, there is no obligation to keep it up as a road and it may be enclosed. 1920 Op. Att'y Gen. No. 20-2572.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 39 Am. Jur. 2d Highways, Streets and Bridges §§ 11, 12, 41 to 48, 80.
Mistake in highway line as giving rise to adverse possession by public, 97 A.L.R. 95.
Alteration or relocation of street or highway as abandonment or vacation of parts not included, 158 A.L.R. 543.
11 C.J.S. Bridges § 3.