If the damages assessed to any person or persons by reason of the alteration, widening, changing or laying out of any road, shall exceed the benefits, the excess shall be paid to such person or persons by warrant on the county treasurer for the amount. If any person or persons to whom damages are awarded, be under disability or cannot be found, the same shall be set apart to such person or persons in the county treasury.
History: Laws 1905, ch. 124, § 16; Code 1915, § 2668; C.S. 1929, § 64-717; 1941 Comp., § 58-417; 1953 Comp., § 55-4-17.
Cross references. — For notes on damages, see notes to 67-5-15 NMSA 1978.
Provisions regarding payment not repealed by implication. — Although Laws 1912, ch. 54 (now repealed) created a county road board which was vested with general control of roads and with the power to draw its warrants directly against the county road fund, it did not repeal by implication this statute (Laws 1905, ch. 124), which empowers the board of county commissioners to draw warrants against such fund to pay for land acquired for use as a public road by eminent domain. State ex rel. Cnty. Comm'rs v. Romero, 1914-NMSC-023, 19 N.M. 1, 140 P. 1069.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 39 Am. Jur. 2d Highways, Streets and Bridges §§ 270, 271.
39A C.J.S. Highways § 70.
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