New Mexico § 67-8-15 - Declaration of policy

§ 67-8-15. Declaration of policy

A. The construction of modern highways is necessary to promote public safety, facilitate

the movement of present-day motor traffic, both interstate and intrastate in character,

and to promote the national defense, and in the construction of such highways it is

also in the public interest to provide for the orderly and economical relocation of

utilities when made necessary by such highway improvements, including extensions thereof

within urban areas, without occasioning utility service interruptions or unnecessary

hazards to the health, safety and welfare of the traveling or utility consuming public. B. Utilities have been authorized by statute for many years to locate their facilities

within the boundaries of public roads and streets in this state; because utilities

are subject to extensive regulation by state agencies and they are affected with the

public interest in that, among other things: (1) the business and activities of utilities involve the rendition of essential public

services to large numbers of the general public, and no cessation of utility service

is permitted without authority of law; (2) the financing of utilities involves the investment of large sums of money, including

capital obtained from many members of the general public; (3) the development and extension of utilities directly affects the development, growth

and expansion of the general welfare, business and industry of this state; and (4) all persons in this state are actual or potential consumers of one or more utility

services, and all consumers will be affected by the cost of relocation of their utilities

as necessary to accommodate highway improvements. Public highways are intended principally for public travel and transportation; but

they are also intended for proper utility uses in serving the public, as authorized

pursuant to the laws of this state, and such utility uses are for the benefit of the

public served. Without making use of public ways utility lines could not reach or economically

service the adjacent public, particularly in urban areas. C. Federal-aid highways of the interstate system and other modern highway improvements

serve the need of nonlocal and long distance traffic. D. The burden of such utility relocations is a burden on the public in this state,

whether initially borne by the state or the utility or in part by both, and it is,

therefore, in the public interest that such burden be minimized to the extent that

same can be done consistently with the principal purpose of such highways for vehicular

movement of persons and property; therefore, it is the intent of the legislature

to insure that the state's police power in requiring relocation of utilities shall

be exercised in a reasonable manner. E. Utility relocations necessitated by construction of public highways or improvements

thereto are a public governmental function, properly a part of such construction and

to the extent in this act provided such relocations shall be made at state expense;

however, although made in obedience to the commission's orders in exercise of the

police power under this act, relocations hereunder for which compensation is not provided

by this act or otherwise by law are declared to be damnum absque injuria and no claim

therefor shall be enforceable against the state. Utility relocations to which this act is applicable shall be made only in pursuance

hereof. F. The statements in this Section 1 [this section] are legislative determinations

and declarations of public policy, and this act shall be liberally construed in conformity

with its declarations and purposes to promote the public interest.