All public highways laid out in this state shall be sixty feet in width unless otherwise ordered by the board of county commissioners.
History: Laws 1905, ch. 124, § 18; Code 1915, § 2670; C.S. 1929, § 64-719; 1941 Comp., § 58-402; 1953 Comp., § 55-4-2.
Road established by use, not by statutory authority. — This section does not apply to a road that was a public thoroughfare long before it was officially established as a state road. State of N.M. ex. rel King v. UU Bar Ranch Ltd. P'ship Ltd., 2009-NMSC-010, 145 N.M. 769, 205 P.3d 816, aff'g in part, 2005-NMCA-079, 137 N.M. 719, 114 P.3d 399.
Highway established via prescriptive use. — The width requirement of this section should not be applied where the highway was established by means of prescriptive use. State ex rel. Baxter v. Egolf, 1988-NMCA-047, 107 N.M. 315, 757 P.2d 371.
Roads established by use are not "laid out" as required by this section. The applicability of this section is dependent upon the laying out of a road by a governmental entity authorized to do so. Quintana v. Knowles, 1993-NMCA-022, 115 N.M. 360, 851 P.2d 482, cert. denied, 115 N.M. 359, 851 P.2d 481.
Am. Jur. 2d, A.L.R. and C.J.S. references. — Width and boundaries of public highway acquired by prescription or adverse user, 76 A.L.R.2d 535.
Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal insurance products you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.
LegalFix provides its members with access to legal services through a network of provider law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.
The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our provider law firms.
You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your provider law firm.
The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.
Use of this website, the purchase of legal insurance products, and access to the LegalFix network of provider law firms are subject to the LegalFix Terms of Service and Privacy Policy.
