44TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 1999

RELATING TO HIGHWAYS; AMENDING A SECTION OF THE NMSA 1978 TO AUTHORIZE THE STATE HIGHWAY AND TRANSPORTATION DEPARTMENT TO ACCOMMODATE TELECOMMUNICATIONS FACILITIES ALONG STATE HIGHWAYS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. Section 67-3-12 NMSA 1978 (being Laws 1929, Chapter 110, Section 1) is amended to read:

"67-3-12. POWERS AND DUTIES.--[That] In addition to the powers now conferred upon it by law, the [state highway commission] department shall have [all of] the [following powers] power and authority [to-wit] to:

[(a) To] A. declare abandoned and to close to public traffic all grade crossings of railroads by state highways in cases where grade separations or other adequate crossings are substituted therefor or where such grade crossings become unnecessary to the public convenience by reason of changes in highway locations;

[(b) To] B. offer and upon compliance with the conditions of such offer to pay rewards for information leading to the arrest and conviction of offenders in cases of theft, defacement or destruction of markers or highway signs, lights or other warning devices placed upon or along highways of this state under the supervision of [said state highway commission] the department and for information leading to the arrest and conviction of offenders or for the return of property in case of theft or unlawful damaging of property under the control of [said commission] the department. All such rewards when paid shall be paid from the state road fund upon voucher drawn by the state highway engineer or other authorized officer or agent of the [state highway] department;

[(c) To] C. prescribe by rules [and regulations] the conditions under which pipelines, telephone, telegraph and electric transmission lines and ditches may be hereafter placed along, across, over or under all public highways in this state and to forcibly remove or cause to be removed any such pipelines, telephone, telegraph or electric transmission lines or ditches which may hereafter be placed along, across, over or under such public highways in violation of such rules [and regulations];

D. accommodate telecommunications facilities statewide on, along, over or under state highways by:

(1) designing, constructing or maintaining telecommunications facilities;

(2) charging a reasonable fee to be deposited into the state road fund or other compensation for the use of highway rights of way or department facilities; or

(3) entering into agreements with private or public telecommunications providers;

[(d) To] E. employ an attorney to assist and advise [said commission] the department and all of the employees and agents thereof in the discharge of their duties and to appear and represent the interests of [said commission] the department or its [said] employees in any case before any court or tribunal in which the official duties, powers, rights or privileges of [said commission] the department or any of its employees or agents may be involved or affected and to pay such attorney the reasonable value of his services out of the state road fund;

[(e) To] F. bring and maintain in the name of the state [of New Mexico] all actions and proceedings deemed necessary by the [said commission] department for the condemnation of rights of way for public highways or for the removal or condemnation of buildings or other improvements which encroach in whole or part upon the rights of way of public highways or for the condemnation of gravel pits or other deposits of materials or supplies suitable for the construction of public highways.

The attorney general [of the State of New Mexico] shall appear in and prosecute all such cases on behalf of the state [of New Mexico] upon request of the [state highway commission] department. All such proceedings shall be conducted in the same manner as other cases for the condemnation of real property. The damages assessed in proceedings brought under the provisions of this act shall be paid out of the state road fund from [monies] money furnished for that purpose by cooperative agreement between the state, federal government and the county within which [said] the condemned property is situate or any such governmental bodies or out of [monies] money furnished for the construction of the highway in connection with which the condemnation is had, by the county in which the condemned property is situate; provided, however, that if no such [monies are] money is available, [such] the damages shall be advanced on behalf of said counties out of their [monies] money in the state road fund and the state treasurer shall thereafter reimburse the state road fund for the [monies so] money advanced out of the next installment [or installments] of [monies] money from motor vehicle license fees accruing to the road fund of the county for which such funds were so advanced; and

[(f) To] G. designate in its discretion one of its employees as acting state highway engineer to act at all times when the state highway engineer [may be] is absent from the state capital. [Such] The acting state highway engineer, when designated, [shall have] has the right and is hereby given authority at all times when [such] the state highway engineer [may be] is absent from the state capital to sign all federal project statements, federal project agreements and federal vouchers with the same force and effect as if [the same were] signed by the state highway engineer in person, and the certificate of [such] the acting state highway engineer attached to any [such] federal project statement, federal project agreement or federal voucher to the effect that the state highway engineer was absent from the state capital at the time that the same was so signed by [said] the acting state highway engineer shall be conclusive evidence of the truth of such fact. [Said] The acting state highway engineer may also be vested by [said state highway commission] the department with power and authority to act for [said] the state highway engineer in such other matters as [said state highway commission] the department may determine."