New Mexico § 67-3-12 - Powers and duties

§ 67-3-12. Powers and duties

In addition to the powers now conferred upon it by law, the state transportation commission: A. may declare abandoned and close to public traffic all grade crossings of railroads

by state highways in cases where grade separations or other adequate crossings are

substituted therefor or where such grade crossings become unnecessary to the public

convenience by reason of changes in highway locations; B. may offer and, upon compliance with the conditions of such offer, pay rewards for

information leading to the arrest and conviction of offenders in cases of theft, defacement

or destruction of markers or highway signs, lights or other warning devices placed

upon or along highways of this state under the supervision of the state transportation

commission and for information leading to the arrest and conviction of offenders or

for the return of property in case of theft or unlawful damaging of property under

the control of the commission. All such rewards when paid shall be paid from the state road fund upon voucher drawn

by the secretary or other authorized officer or agent of the department; C. shall prescribe by rule the conditions under which fiber cable lines, conduit,

poles, wireless technology or other infrastructure used for broadband internet services,

pipelines, telephone, telegraph and electric transmission lines and ditches may be

placed along, across, over or under public highways in this state or other property

under the jurisdiction of the department and shall forcibly remove or cause to be

removed fiber cable lines, conduit, poles, pipelines, telephone, telegraph or electric

transmission lines or wireless technology or other infrastructure or ditches that

may be placed along, across, over or under such public highways in violation of such

rules and regulations; D. may waive administrative fees and annual fees for infrastructure authorized pursuant

to Subsection C of this section that is to be used to provide broadband internet services

to unserved or underserved locations, as defined in the Connect New Mexico Act; E. shall employ an attorney to assist and advise the state transportation commission

and the department in the discharge of their duties and to appear and represent the

interests of the commission or department in any case before any court or tribunal

in which the official duties, powers, rights or privileges of the commission or department

may be involved or affected and to pay that attorney the reasonable value of the attorney's

services out of the state road fund; F. shall bring and maintain in the name of the state actions and proceedings deemed

necessary by the state transportation commission for the condemnation of rights of

way for public highways or for the removal or condemnation of buildings or other improvements

that encroach in whole or part upon the rights of way of public highways or for the

condemnation of gravel pits or other deposits of materials or supplies suitable for

the construction of public highways. The attorney general of New Mexico shall appear in and prosecute all such cases

on behalf of the state upon request of the state transportation commission. All such proceedings shall be conducted in the same manner as other cases for the

condemnation of real property. The damages assessed in proceedings brought under the provisions of this section

shall be paid out of the state road fund from money furnished for that purpose by

cooperative agreement between the state, federal government and the county within

which the condemned property is situate or any such governmental bodies or out of

money furnished for the construction of the highway in connection with which the condemnation

is had, by the county in which the condemned property is situate; provided, however,

that if no such money is available, the damages shall be advanced on behalf of said

counties out of their money in the state road fund and the state treasurer shall thereafter

reimburse the state road fund for the money advanced out of the next installment of

money from motor vehicle license fees accruing to the road fund of the county for

which such funds were so advanced; G. shall designate in its discretion one of its employees as acting secretary to act

at all times when the secretary is absent from the state capital. The acting secretary, when designated, has the right and is hereby given authority

at all times when the secretary is absent from the state capital to sign all federal

project statements, federal project agreements and federal vouchers with the same

force and effect as if signed by the secretary in person, and the certificate of the

acting secretary attached to any federal project statement, federal project agreement

or federal voucher to the effect that the secretary was absent from the state capital

at the time that the same was so signed by the acting secretary shall be conclusive

evidence of the truth of such fact. The acting secretary may also be vested by the state transportation commission with

power and authority to act for the secretary in such other matters as the state transportation

commission may determine; H. subject to the provisions of Subsection I of this section, may conduct, permit

or authorize commercial enterprises or activities on department- or commission-owned

land or land leased to or from the department for the purpose of providing goods and

services to the users of the property or facilities on the land, including commercial

enterprises or activities, other than commercial enterprises or activities on a controlled-access

facility conducted, permitted or authorized pursuant to Section 67-11-9 NMSA 1978 . In furtherance of these commercial enterprises or activities, the commission may: (1) authorize the lease of department- or commission-owned land as it deems necessary,

in which case consideration for the lease shall be payments in cash or cash equivalent

that shall be deposited into the state road fund; or (2) authorize the sale or exchange or lease with in-lieu value consideration of department-

or commission-owned land; provided that the sale or exchange or lease with in-lieu

value shall be subject to the ratification and approval by joint resolution of the

state legislature prior to the sale or exchange or lease with in-lieu value becoming

effective; and I. for the purposes of Subsection H of this section shall: (1) adopt rules necessary to carry out the provisions of Subsection H of this section; (2) prior to initiating any action to conduct, permit or authorize commercial enterprises

or activities, adopt a rule providing a procedure to involve residents of the municipality

or county in which the commercial enterprises or activities are proposed to occur

in the department's planning and decision-making process for the sole purpose of advising

the commission and department on the feasibility and suitability of the proposed commercial

enterprises or activities; (3) comply with the Procurement Code in the acquisition process whenever commercial

enterprises or activities result in the commission or department acquiring construction,

services or tangible personal property, as those terms are defined in the Procurement

Code; (4) if the commercial enterprises or activities are to be developed or operated by

a private entity, direct that private entity to: (a) create its plans to be not necessarily in compliance but generally compatible

with local zoning and land use policies, including affordable housing and historic

and architectural standards, if any, and, to the extent the private entity will obtain

water or other services from a local authority, negotiate an agreement between relevant

parties for those services, the terms and conditions of which shall be no more stringent

than the local authority's then current laws, rules and policies; and (b) submit its plans to the local zoning and land use authority for comment. The local authority shall communicate its recommendations and comments in writing

to the department and private entity within thirty days of receiving the plans. The department, commission and private entity shall take no action on the project

in reliance on those plans until they have received the local authority's recommendations

and comments or until the thirty-day comment period has expired, whichever comes first;

provided that the local authority's approval is not required under this section, and

this section does not delegate to the local authority power that it does not otherwise

have; and (5) not use the power of eminent domain to acquire land to be developed or operated

by a private entity.