HOUSE MEMORIAL 62

53rd legislature - STATE OF NEW MEXICO - second session, 2018

INTRODUCED BY

Nathan P. Small

A MEMORIAL

REQUESTING THE ATTORNEY GENERAL TO ISSUE AN OPINION WHETHER PUBLIC MONEY MAY BE USED TO REHABILITATE OR MAINTAIN A PRIVATE ROAD FOR PUBLIC WELFARE PURPOSES.

     WHEREAS, numerous private housing developments outside of municipal jurisdictions have been built over the years within New Mexico; and

     WHEREAS, in some cases the roads to these developments have deteriorated, or are at risk of deterioration to the point where they pose a hazard to public welfare, including the health and education of local residents and the economy of the community;

     NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF NEW MEXICO that the attorney general be requested to draft an opinion on whether, and in which circumstance, the constitution of New Mexico allows public money to be used for the rehabilitation or maintenance of a private road for public welfare purposes; and

     BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the attorney general and to the governor.

- 2 -