N.M. Stat. » Chapter 67 — Highways
New Mexico Statutes

N.M. Stat. § 67-8-16 (2026)

Definitions

✓ current as of May 2026
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As used in Sections 67-8-15 through 67-8-21 NMSA 1978:

A. "utility" means publicly, privately and cooperatively owned utilities, without distinction, for the rendition of water, electric power, sanitary sewer, storm sewer, steam, fuel gas, telephone or telegraph service through a system of pipes or wires devoted to public utility service;

B. "cost of relocation" means the entire amount paid properly attributable to such relocation after deducting therefrom any increase in the value of the new facility and any salvage value derived from the old facility;

C. "commission" means the state transportation commission;

D. "public highway" means any state highway or other public way in this state, including extensions thereof within urban areas, constructed in whole or in part with state aid and shall include any incorporated or related physical facilities for the handling of traffic and the right of way;

E. "relocation" means any horizontal or vertical movement of utility facilities intact and any protective measures taken or, where found by the commission to be necessary, the construction of new or additional facilities, with or without contemporaneous removal and salvage of old facilities, in this state including in any case adjustment or protection of connecting off-highway utility lines to the extent necessary; F. "federal-aid highways" means all roads constructed in whole or in part with federal aid and includes the "interstate system", the "primary system" and the "secondary system" in this state as designated by the commission; and

G. "urban area" means an area in this state including and adjacent to a municipality or other urban place having a population of five thousand or more, as determined by the latest available federal census, within reasonable boundaries fixed by the commission.

History: 1953 Comp., § 55-7-24, enacted by Laws 1959, ch. 310, § 2; 2003, ch. 142, § 80.

ANNOTATIONS

The 2003 amendment, effective July 1, 2003, substituted "Sections 67-8-15 through 67-9-21 NMSA 1978" for "this act" in the introductory paragraph; and substituted "state transportation commission" for "state highway commission" in Subsection C.

Notes of Decisions
Cited in 1 case, 2003–2003 · leading case: City of Albuquerque v. New Mexico Pub. Reg. Comm'n, 79 P.3d 297 (N.M. 2003).
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City of Albuquerque v. New Mexico Pub. Reg. Comm'n, 79 P.3d 297 (N.M. 2003). · cites it 6× “Although Section 67-8-16(C) defines " 'commission' " as "the state highway commission,” the Legislature elsewhere provided that "[a]ll references contained in the NMSA 1978, as amended, and which refer to the 'state highway commission’ or 'commissioners' shall, wherever…”
N.M. Stat. § 67-8-16(C): 1 case
City of Albuquerque v. New Mexico Pub. Reg. Comm'n, 79 P.3d 297 (N.M. 2003). “Although Section 67-8-16(C) defines " 'commission' " as "the state highway commission,” the Legislature elsewhere provided that "[a]ll references contained in the NMSA 1978, as amended, and which refer to the 'state highway commission’ or 'commissioners' shall, wherever…”
N.M. Stat. § 67-8-16(D): 1 case
City of Albuquerque v. New Mexico Pub. Reg. Comm'n, 79 P.3d 297 (N.M. 2003). “Although Section 67-8-16(C) defines " 'commission' " as "the state highway commission,” the Legislature elsewhere provided that "[a]ll references contained in the NMSA 1978, as amended, and which refer to the 'state highway commission’ or 'commissioners' shall, wherever…”
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