The department may enter into cooperative agreements with any branch, agency, department, board, instrumentality or institution of the state or United States government; with the respective municipalities, school districts and counties in this state; or with any adjoining state for the construction or improvement of public highways and streets within the control of a branch, agency, department, board, instrumentality or institution of the state or United States government or within a municipality, county, school district or adjoining state for the division between the department and the branch, agency, department, board, instrumentality or institution of the state or United States government, county, school district, municipality or adjoining state of the expense of the project development, construction, reconstruction, improvement, maintenance or repair of public highways, streets and public school parking lots, or for the acquisition of rights-of-way therefor or for materials for the construction or improvement thereof. The department shall bear all costs of the acquisition of rights-of-way for federal-aid interstate roads, both rural and urban.

History: Laws 1929, ch. 100, § 1; C.S. 1929, § 64-601; Laws 1935, ch. 13, § 1; 1937, ch. 164, § 1; 1941 Comp., § 58-220; 1953 Comp., § 55-2-20; Laws 1955, ch. 278, § 1; 1957, ch. 244, § 1; 1971, ch. 193, § 1; 1983, ch. 68, § 1; 1986, ch. 20, § 127; 1993, ch. 277, § 1.

Cross references. — For contracts with counties for maintenance of highways, see 67-3-41 NMSA 1978.

The 1993 amendment, effective June 18, 1993, substituted "department" for "state highway commission" near the beginning of the first sentence and "project development, construction, reconstruction, improvement, maintenance or repair of public highways, streets and public school parking lots" for "construction or improvements of public highways and streets" near the end of that sentence, and deleted "state highway" before "department" near the middle of the first sentence and in the second sentence.

The 1986 amendment substituted "and streets" for "public parking areas and public school grounds" in two places in the first sentence.

The 1983 amendment inserted "the state" in the section catchline, inserted "with any branch, agency, department, board, instrumentality or institution of the state or United States government" in the first sentence, inserted "or" preceding "with any adjoining state" near the beginning of the first sentence, deleted "or with any department or bureau or agency of the United States government" preceding "for the construction" near the middle of the first sentence, deleted "school" preceding "parking areas" near the middle of the first sentence, inserted "within the control of a branch, agency, department, board, instrumentality or institution of the state or United States government or" near the middle of the first sentence, substituted "a municipality, county, school district or adjoining state" for "such municipality or within such counties or school districts or such adjoining state" near the middle of the first sentence, substituted the language beginning with "the state highway department" and ending with "or public school grounds" for "this state and such county or school district or municipality, or such adjoining state or such department or bureau or agency of the United States government of the expense of the construction or improvement of public highways within this state or within such municipalities or school districts or counties or such adjoining state" following "the division between" near the end of the first sentence, and substituted "department" for "commission" following "state highway" in the last sentence.

Effective dates. — Laws 1983, ch. 68, contains no effective date provision, but was enacted at the session which adjourned on March 19, 1983.

Laws 1986, ch. 20 contains no effective date as concerns the amendment of this section by that act, but, pursuant to N.M. Const., art. IV, § 23, the amendment of this section by that act takes effect May 21, 1986.

Connection of highways under cooperative arrangement. — Since under cooperative arrangement between the commission and the board of county commissioners the board of county commissioners acquired a highway right of way, the state may construct a Y connecting it with other highways without obtaining consent of the commissioners. Gallegos v. Conroy, 1934-NMSC-007, 38 N.M. 154, 29 P.2d 334.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 39 Am. Jur. 2d Highways, Streets and Bridges §§ 202 to 204.

39A C.J.S. Highways § 157.