The owners, contract purchasers or lessees of lands, lying next to the exterior boundaries of any such herd law district, may construct a legal fence along the whole or any part of such exterior boundaries including the intersection with the roads which enter such districts, provided they construct automobile runways and cattle guards and gates in such fences where same cross such roads, according to plans and specifications approved by the state highway engineer and such runways, cattle guards and gates when so constructed, provided said gates are closed, shall not be construed to render such fence not a legal fence.
History: Laws 1923, ch. 68, § 9; C.S. 1929, § 4-409; 1941 Comp., § 49-1309; 1953 Comp., § 47-13-9.
ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Cross references. — For cattle guards and gates required in fences crossing highways, see 67-7-10 NMSA 1978.
For legal fences, see 77-16-1 to 77-16-9 NMSA 1978.
Judicial notice of nature of cattle guards allowed. — Cattle guards are common objects in New Mexico cattle country and courts can take judicial notice of their nature by appropriate books or documents of reference. Williams v. N.M. State Hwy. Comm'n, 1971-NMCA-050, 82 N.M. 550, 484 P.2d 770.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 4 Am. Jur. 2d Animals § 70 et seq.
3A C.J.S. Animals § 140.