A corporation may, after the completion of a wagon road or any part thereof and after the completion of a bridge or ferry for and by the traveling public, apply by petition in writing to the board of county commissioners of the county in or through which the road, bridge or ferry is or has been constructed, for rates, prices and tolls to be charged and collected from the traveling public using and traveling on the toll road, bridge or ferry, which petition shall state facts in reference to a road, bridge or ferry as will be sufficient to inform the board of county commissioners as to enable the board of county commissioners to fix the rates, tolls and charges, equal and just between the corporation owning the road, bridge or ferry and the traveling public using the same, and the rates, tolls and charges so fixed shall remain the same for two years. At the expiration of each two years, the corporation shall petition as aforesaid for the fixing of the rates, tolls and charges by the board of county commissioners. In case the corporation is dissatisfied with the rates, tolls and charges fixed by the board, it may appeal to the district court pursuant to the provisions of Section 39-3-1.1 NMSA 1978.

History: Laws 1891, ch. 44, § 2; C.L. 1897, § 1866; Code 1915, § 2720; C.S. 1929, § 64-1702; 1941 Comp., § 58-902; 1953 Comp., § 55-9-2; Laws 1998, ch. 55, § 81; 1999, ch. 265, § 82.

Cross references. — For procedures governing administrative appeals to the district court, see Rule 1-074 NMRA.

The 1999 amendment, effective July 1, 1999, substituted "Section 39-3-1.1" for "Section 12-8A-1" in the last sentence.

The 1998 amendment, effective September 1, 1998, rewrote the second and third sentences and made minor stylistic changes throughout the section.

Compiler's notes. — In Laws 1891, ch. 44, § 2, "county clerk of the county" read "clerk of the probate court of the county."

Am. Jur. 2d, A.L.R. and C.J.S. references. — 40 Am. Jur. 2d Highways, Streets and Bridges § 620.

11 C.J.S. Bridges § 65 et seq.