[Advertising signs adjoining public highways; definitions.]

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The following words and phrases as used in this act [67-8-8 to 67-8-10 NMSA 1978] shall for the purpose of this act have the meanings respectively ascribed to them in this section, except in those instances where the context clearly indicates a different meaning:

A. "public highway." Every public street, road, highway or thoroughfare of any kind in this state used by the public whether actually dedicated to the public and accepted by proper authority or otherwise;

B. "state highway." Every public highway which has been designated a state highway either by the legislature or by the state highway engineer;

C. "person." Any person, firm or corporation whatsoever.

History: Laws 1929, ch. 123, § 1; C.S. 1929, § 64-2001; 1941 Comp., § 58-708; 1953 Comp., § 55-7-8.

ANNOTATIONS

Legislative intent. — Unless an agreement to the contrary exists, it was the legislative intent that the reasonable regulation of the billboard law apply on Indian lands adjoining rights of way obtained pursuant to 25 U.S.C. § 311. 1953 Op. Att'y Gen. No. 53-5632.

Jurisdiction of roads not in state highway system. — Since this act (Laws 1929, ch. 123) is silent as to who has jurisdiction over roads not included in the state highway system, the county commissioners of the various counties have jurisdiction of the roads within their respective counties. 1939 Op. Att'y Gen. No. 39-3195.

No penal provisions. — Laws 1929, ch. 123 (67-8-8 to 67-8-10 NMSA 1978) is not such a penal law as would come within the Assimilative Claims Act (18 U.S.C. § 13) since there are no penal provisions nor provisions for its enforcement by any court. 1953 Op. Att'y Gen. No. 53-5632.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 39 Am. Jur. 2d Highways, Streets and Bridges § 288.

Billboards or other conditions on adjoining property which are deemed dangerous to travel or offensive aesthetically to travelers, power of highway officers in respect of, 81 A.L.R. 1547.


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