A. The construction of modern highways is necessary to promote public safety, facilitate the movement of present-day motor traffic, both interstate and intrastate in character, and to promote the national defense, and in the construction of such highways it is also in the public interest to provide for the orderly and economical relocation of utilities when made necessary by such highway improvements, including extensions thereof within urban areas, without occasioning utility service interruptions or unnecessary hazards to the health, safety and welfare of the traveling or utility consuming public.
B. Utilities have been authorized by statute for many years to locate their facilities within the boundaries of public roads and streets in this state; because utilities are subject to extensive regulation by state agencies and they are affected with the public interest in that, among other things:
(1) the business and activities of utilities involve the rendition of essential public services to large numbers of the general public, and no cessation of utility service is permitted without authority of law;
(2) the financing of utilities involves the investment of large sums of money, including capital obtained from many members of the general public;
(3) the development and extension of utilities directly affects the development, growth and expansion of the general welfare, business and industry of this state; and
(4) all persons in this state are actual or potential consumers of one or more utility services, and all consumers will be affected by the cost of relocation of their utilities as necessary to accommodate highway improvements.
Public highways are intended principally for public travel and transportation; but they are also intended for proper utility uses in serving the public, as authorized pursuant to the laws of this state, and such utility uses are for the benefit of the public served. Without making use of public ways utility lines could not reach or economically service the adjacent public, particularly in urban areas.
C. Federal-aid highways of the interstate system and other modern highway improvements serve the need of nonlocal and long distance traffic.
D. The burden of such utility relocations is a burden on the public in this state, whether initially borne by the state or the utility or in part by both, and it is, therefore, in the public interest that such burden be minimized to the extent that same can be done consistently with the principal purpose of such highways for vehicular movement of persons and property; therefore, it is the intent of the legislature to insure that the state's police power in requiring relocation of utilities shall be exercised in a reasonable manner.
E. Utility relocations necessitated by construction of public highways or improvements thereto are a public governmental function, properly a part of such construction and to the extent in this act [67-8-15 to 67-8-21 NMSA 1978] provided such relocations shall be made at state expense; however, although made in obedience to the commission's orders in exercise of the police power under this act, relocations hereunder for which compensation is not provided by this act or otherwise by law are declared to be damnum absque injuria and no claim therefor shall be enforceable against the state. Utility relocations to which this act is applicable shall be made only in pursuance hereof.
F. The statements in this Section 1 [this section] are legislative determinations and declarations of public policy, and this act shall be liberally construed in conformity with its declarations and purposes to promote the public interest.
History: 1953 Comp., § 55-7-23, enacted by Laws 1959, ch. 310, § 1.
ANNOTATIONSPayment of nonbetterment costs not unconstitutional. — Laws 1959, ch. 310 (67-8-15 to 67-8-21 NMSA 1978) requiring the state to pay, in certain cases, the nonbetterment costs of relocation made necessary by highway improvement is not unconstitutional. State ex rel. City of Albuquerque v. Lavender, 1961-NMSC-096, 69 N.M. 220, 365 P.2d 652.
Obligation to state not released. — Laws 1959, ch. 310 (67-8-15 to 67-8-21 NMSA 1978) does not constitute a release of an obligation to the state. State ex rel. City of Albuquerque v. Lavender, 1961-NMSC-096, 69 N.M. 220, 365 P.2d 652.
In exercising its police power, the state may legitimately and properly consider the effect, not only upon the entire public, but also upon particular segments thereof, and evolve a plan and scheme which will accomplish the greatest public good at the least expense to those adversely affected. State ex rel. City of Albuquerque v. Lavender, 1961-NMSC-096, 69 N.M. 220, 365 P.2d 652.
Apportionment, not donation. — In the passage of Laws 1959, ch. 310 (67-8-15 to 67-8-21 NMSA 1978), the legislature considered that the construction of interstate highways, through a community, is for the primary benefit of interstate travelers and public transportation facilities making use of such thoroughfares, rather than the citizens of the community itself. The legislature was attempting to aid the citizens of the state of New Mexico, through apportionment of costs of relocation, as distinguished from making any type of donation from the funds of the state. State ex rel. City of Albuquerque v. Lavender, 1961-NMSC-096, 69 N.M. 220, 365 P.2d 652.
The reimbursable provisions of Laws 1959, ch. 310 (67-8-15 to 67-8-21 NMSA 1978), and particularly ch. 310, § 4 (67-8-18 NMSA 1978), are unconstitutional. 1960 Op. Att'y Gen. No. 60-59. See State ex rel. City of Albuquerque v. Lavender, 1961-NMSC-096, 69 N.M. 220, 365 P.2d 652.
Law reviews. — For note, "Forest Fire Protection on Public and Private Lands in New Mexico," see 4 Nat. Resources J. 374 (1964).
Am. Jur. 2d, A.L.R. and C.J.S. references. — Electric light or power line in street or highway as additional servitude, 58 A.L.R.2d 525.
Placement, maintenance, or design of standing utility pole as affecting private utility's liability for personal injury resulting from vehicle's collision with pole within or beside highway, 51 A.L.R.4th 602.