The board of county commissioners may alter, widen or change any established road or lay out any new road in their respective counties, when petitioned by ten freeholders residing within two miles of the road sought to be altered, widened, changed or laid out. Said petition shall set forth a description of the road sought to be altered, widened or changed and if the petition be for a new road it shall set forth the points where it is to terminate.
History: Laws 1905, ch. 124, § 4; Code 1915, § 2656; C.S. 1929, § 64-705; 1941 Comp., § 58-405; 1953 Comp., § 55-4-5.
ANNOTATIONSPetition for proposed road. — A petition is not bad because it sets forth a detailed and specific description of the route of the proposed road, when it should set forth the termini only. Michelet v. Board of Comm'rs, 1915-NMSC-078, 21 N.M. 95, 152 P. 1140.
Provisions for acquiring land not repealed. — Laws 1912, ch. 54 (now repealed) granting to the county road boards general powers over public roads did not repeal this statute (Laws 1905, ch. 124), empowering boards of county commissioners to acquire by purchase or condemnation, land for use as a public road. State ex rel. Cnty. Comm'rs v. Romero, 1914-NMSC-023, 19 N.M. 1, 140 P. 1069.
Inclusion of new with old road in petition. — Even though a proposed new road follows an existing road part of the way, as long as it is continuous, it may be considered and included in the same petition. 1944 Op. Att'y Gen. No. 44-4553.
Vesting of fee when steps provided not taken. — Even though the steps provided herein were never taken, since the road was used for over half a century and was declared a state highway by legislative act, the fee therein had vested in the state for highway purposes. 1945 Op. Att'y Gen. No. 45-4641.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 39 Am. Jur. 2d Highways, Streets and Bridges §§ 130 to 137.
39A C.J.S. Highways §§ 96 to 112.