As used in Chapter 67 NMSA 1978:

A. "state highway" shall include any highway declared to be a state highway by an act of the legislature or designated as such by the state highway engineer;

B. "department" means the department of transportation; and

C. "secretary" means the secretary of transportation.

History: Laws 1929, ch. 77, § 1; C.S. 1929, § 64-1901; 1941 Comp., § 58-104; 1953 Comp., § 55-1-4; Laws 1977, ch. 251, § 2; 1987, ch. 268, § 34; 2003, ch. 142, § 25.

The 2003 amendment, effective July 1, 2003, deleted Subsection B, defining "state highway engineer" or "chief highway administrator", and redesignated the remaining subsections accordingly; and deleted "highway and" preceding "transportation" in Subsection C.

The 1987 amendment, effective July 1, 1987, in Subsection B, substituted "or the 'chief highway administrator' means the secretary" for "means the 'chief highway administrator'"; added Subsections C and D; and updated the statutory reference.

The 1977 amendment rewrote this section which formerly defined state highway.

Consent of county commissioners unnecessary. — The commission can acquire a right of way or lay out and establish a state highway in a county without the consent of the county commissioners. Gallegos v. Conroy, 1934-NMSC-007, 38 N.M. 154, 29 P.2d 334.

When underpass not to be designated state highway. — The commission is not authorized by this section, 67-3-15, 67-3-16 or 67-3-41 NMSA 1978 to designate as a state highway, an underpass not connected with or intended to be a part of a state highway. Springer Transfer Co. v. City of Albuquerque, 1940-NMSC-039, 44 N.M. 407, 103 P.2d 129.

On abandonment of portion of public highway, the adjoining landowner is revested with the fee without any limitation. 1945 Op. Att'y Gen. No. 45-4644.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 39 Am. Jur. 2d Highways, Streets and Bridges §§ 1, 2.

39A C.J.S. Highways § 1.