As used in this act [67-11-1 to 67-11-10 NMSA 1978], 'controlled-access facility' means a highway or street especially designed for through traffic and over, from or to which owners or occupants of abutting land or other persons have no right or easement or only a controlled right or easement of access, light, air or view by reason of the fact that their property abuts upon such controlled-access facility or for any other reason. Such highways or streets may be freeways open to use by all customary forms of street and highway traffic or they may be parkways from which trucks, busses and other commercial vehicles shall be excluded. History: 1953 Comp., § 55-10-1, enacted by Laws 1957, ch. 234, § 1. ANNOTATIONSPurpose and nature of provisions. — The Access Condemnation Statute (67-11-1 to 67-11-10 NMSA 1978) is merely enabling legislation, designed to permit the highway commission (now state transportation commission) to meet standards required by federal law, and is permissive, not mandatory. State ex rel. State Highway Comm'n v. Danfelser, 1963-NMSC-138, 72 N.M. 361, 384 P.2d 241, cert. denied, 375 U.S. 969, 84 S. Ct. 487, 11 L. Ed. 2d 416 (1964). Am. Jur. 2d, A.L.R. and C.J.S. andatory. State ex rel. State Highway Comm'n v. Danfelser, 1963-NMSC-138, 72 N.M. 361, 384 P.2d 241, cert. denied, 375 U.S. 969, 84 S. Ct. 487, 11 L. Ed. 2d 416 (1964). Am. Jur. 2d, A.L.R. and C.J.S. references. — 39 Am. Jur. 2d Highways, Streets and Bridges §§ 178, 179, 181, 182. 39A C.J.S. Highways § 141.
New Mexico Legal Code