Commercial enterprises or activities may be conducted, permitted or authorized on department-owned land or land leased to or from the department, not including interstate highway rights of way, but including controlled-access facilities; or land owned or leased to or from the state, a county, city, town or village highway authority or by any other governmental agency for the purpose of providing goods and services to the public, including gasoline service stations or other commercial establishments that may be built on department-owned land or the property acquired for or in connection with the controlled-access facilities. In connection with the development of any department-owned land, including a controlled-access facility, the state, county, city, town or village highway authorities are authorized to plan, designate, establish, use, regulate, alter, improve, maintain and vacate local service roads and streets or to designate as local service roads and streets any existing road or street in such manner as to facilitate the establishment and operation of competitive gasoline service stations and other commercial enterprises on private property abutting the service roads and streets. The state transportation commission is authorized to exercise jurisdiction over service roads and streets in the same manner as is authorized over controlled-access facilities under the terms of Chapter 67, Article 11 NMSA 1978. The local service roads and streets shall be of appropriate design and shall be separated from the controlled-access facility proper by means of all devices designated as necessary or desirable by the proper authority.

History: 1953 Comp., § 55-10-9, enacted by Laws 1957, ch. 234, § 9; 2003, ch. 142, § 85; 2005, ch. 122, § 2.

The 2005 amendment, effective June 17, 2005, permitted commercial enterprises or activities to be conducted on property of the department of transportation to provide goods and services to the public.

The 2003 amendment, effective July 1, 2003, substituted "state transportation commission" for "state highway commission"; and substituted "Chapter 67, Article 11 NMSA 1978" for "this act".

Am. Jur. 2d, A.L.R. and C.J.S. references. — 39 Am. Jur. 2d Highways, Streets and Bridges § 253.

40 C.J.S. Highways § 244.