All public highways laid out in this state shall be sixty feet in width unless otherwise ordered by the board of county commissioners. History: Laws 1905, ch. 124, § 18; Code 1915, § 2670; C.S. 1929, § 64-719; 1941 Comp., § 58-402; 1953 Comp., § 55-4-2. ANNOTATIONSRoad established by use, not by statutory authority. — This section does not apply to a road that was a public thoroughfare long before it was officially established as a state road. State of N.M. ex. rel King v. UU Bar Ranch Ltd. P'ship Ltd., 2009-NMSC-010, 145 N.M. 769, 205 P.3d 816, aff'g in part, 2005-NMCA-079, 137 N.M. 719, 114 P.3d 399. Highway established via prescriptive use. — The width requirement of this section should not be applied where the highway was established by means of prescriptive use. State ex rel. Baxter v. Egolf, 1988-NMCA-047, 107 N.M. 315, 757 P.2d 371. Roads established by use are not 'laid out' as required by this section. The applicability of this section is dependent upon the laying out of a road by a governmental entity authorized to do so. Quintana v. Knowles, 1993-NMCA-022, 115 N.M. 360, 851 P.2d 482, cert. denied, 115 N.M. 359, 851 P.2d 481. Am. Jur. 2d, A.L.R. and C.J.S. references. road by a governmental entity authorized to do so. Quintana v. Knowles, 1993-NMCA-022, 115 N.M. 360, 851 P.2d 482, cert. denied, 115 N.M. 359, 851 P.2d 481. Am. Jur. 2d, A.L.R. and C.J.S. references. — Width and boundaries of public highway acquired by prescription or adverse user, 76 A.L.R.2d 535.
New Mexico Legal Code