The board of county commissioners at their next regular meeting, after the filing of such report, shall proceed to consider the same and all objections that there may be made thereto, and they shall determine whether or not such road shall be established and opened for travel. And they may refer the matter of viewing to the same or other viewers with instructions to report in like manner, as herein required, or specially upon some particular matter.
History: Laws 1905, ch. 124, § 13; Code 1915, § 2665; C.S. 1929, § 64-714; 1941 Comp., § 58-414; 1953 Comp., § 55-4-14.
ANNOTATIONSLegislative intent. — By considering this section, 67-5-17 and 67-5-18 NMSA 1978, it will be found that the evident intent of the legislature was only to provide for the actual payment of the damages before a taking of the condemned property. Michelet v. Board of Comm'rs, 1915-NMSC-078, 21 N.M. 95, 152 P. 1140.
Report of viewers is properly considered by the board of county commissioners at its next regular session after such report is filed with the clerk of such board. Michelet v. Board of Comm'rs, 1915-NMSC-078, 21 N.M. 95, 152 P. 1140.
Authority of board to alter award. — Boards of county commissioners are without authority to alter award made by viewers in proceeding to lay out a road, except where the property owner is dissatisfied with the award. State ex rel. Sisney v. Board of Comm'rs, 1921-NMSC-054, 27 N.M. 228, 199 P. 359.
Remedy to review alteration of award. — Since there is no appeal provided from action of a board of county commissioners in altering an award made by viewers in proceeding to lay out road, the proper remedy to review such action is by certiorari. State ex rel. Sisney v. Board of Comm'rs, 1921-NMSC-054, 27 N.M. 228, 199 P. 359.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 39A C.J.S. Highways §§ 62, 63.