New Mexico § 70-3-8 - Application for use of highway for pipeline; investigation; rejection; appeal; permit; bond

§ 70-3-8. Application for use of highway for pipeline; investigation; rejection; appeal; permit; bond

Applicants for any such right-of-way shall present to the county commissioners of

the county in which such right is desired an application in writing giving the name

and address of both the applicant and the person, or persons, who will own said pipeline

or lines when installed, the highway or highways where it is desired to locate such

pipeline or lines, and whether the same will be in, on or over such highway or highways,

the place of beginning and ending of such line or lines; the purposes for which the

same are to be used; and such further information as the county commissioners may

deem to be necessary to enable them to take proper action on said application. The application shall contain an agreement by the applicant to pay all expenses

which may be incurred by the county commissioners in making such examination as they

shall deem necessary to determine whether the right-of-way applied for should be granted. Upon receipt of such application by the county commissioners, they shall determine

the probable expense which it will be necessary for them to incur to enable them to

properly pass upon such application, and shall require the applicant to deposit for

their use the amount of such probable expenses before taking further action on said

application. After such deposit has been made, the county commissioners shall take such action

and make such investigation as they may deem necessary to enable them to properly

pass upon such application, and they shall, without unnecessary delay, pass upon such

application and allow the same upon such reasonable requirements as they find will

adequately safeguard and protect the highway or highways where such pipeline or lines

are to be located, and that will fairly compensate the county for the use and occupancy

of such highway or highways by said pipeline or lines, unless the county commissioners

find that said application cannot be granted without impairing the usefulness of such

highway or highways for purposes of travel by the public. In the event that such application is rejected, the county commissioners shall enter

of record their reasons for such action, and such action shall be subject to review,

reversal or modification by the district courts of this state on appeal by the aggrieved

party in the same manner as provided for appeals from orders of the board of county

commissioners by Sections 4-45-5 and 4-45-6 NMSA 1978 . Where an application is allowed, the county commissioners shall, before the issuance

of a permit, require the applicant to enter into an undertaking with adequate sureties

conditioned that the applicant, his, her or its successors or assigns will pay all

extra expense which the county shall incur by reason of the location of said pipeline

or lines in, on or over such highway or highways, and that applicant will save the

county harmless from any and all damage it may be caused to pay, or sustain by reason

of the laying or maintaining of such pipeline or lines upon said highway or highways,

and that the applicant will pay all sums due, or to become due, the county, for the

use of said highway or highways, and such other conditions as may be found necessary

to fully protect the interests of the county issuing the permit. Upon the presentation of such undertaking and the approval thereof by the county

commissioners, they shall issue to the applicant a permit to lay and maintain a pipeline

or lines in, on or over the highways and for such period of time, not to exceed ten

years, as shall be designated in said permit, and such permit so issued shall operate

to give the one to whom it shall be issued, or assigned, with the consent of the county

commissioners, full right and authority to use the highway or highways in the manner

and for the purpose designated in such permit.