New Mexico § 67-11-5 - Acquisition of property and property rights

§ 67-11-5. Acquisition of property and property rights

For the purposes of Chapter 67, Article 11 NMSA 1978 , the state transportation commission alone or in agreement with any county, city,

town or village may acquire private or public property and property rights for controlled-access

facilities and service roads, including rights of access, air, view and light, by

purchase or condemnation in the same manner as such units are authorized by law to

acquire such property or property rights in connection with highways and streets within

their respective jurisdictions. All property rights acquired under the provisions of Chapter 67, Article 11 NMSA 1978 shall be in fee simple except, in circumstances where fee simple cannot be obtained,

an appropriate easement in perpetuity shall be acceptable. In connection with the acquisition of property or property rights for any controlled-access

facility or portion thereof or service road in connection therewith, the state transportation

commission, alone or in agreement with any county, city, town or village highway authority

may, in its discretion, acquire an entire lot, block or tract of land if, by so doing,

the interests of the public will be best served even though the entire lot, block

or tract is not immediately needed for the right of way proper.