This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.
Facts
The case concerns a dispute over the status and width of a road running along the section line between Sections 8 and 9 in Santa Fe County, New Mexico. The road was alleged to have been used by the public prior to 1931 when the land was federally owned. The Plaintiff claimed the road was a public highway under 43 U.S.C. § 932 and sought to extend its width to sixty feet under NMSA 1978, Section 67-5-2. The Defendants contested the road's public status and the proposed width extension (paras 1-3).
Procedural History
- District Court of Santa Fe County: Declared the road a public highway under 43 U.S.C. § 932 and extended its width to sixty feet under NMSA 1978, Section 67-5-2 without compensation to the Defendants (para 1).
Parties' Submissions
- Defendants: Argued that the road was not a public highway under 43 U.S.C. § 932 because it was not on public land and the public did not accept the federal offer of dedication. They also contended that the district court erred in applying Section 67-5-2 to extend the road's width to sixty feet and disputed the finding that the road's actual width was twenty-five feet (paras 3, 12, 18).
- Plaintiff: Asserted that the road was a public highway under 43 U.S.C. § 932 due to public use before 1931 and that Section 67-5-2 applied to extend the road's width. The Plaintiff also supported the district court's finding of a twenty-five-foot width based on evidence presented (paras 3, 12, 18).
Legal Issues
- Was the road in question a public highway under 43 U.S.C. § 932?
- Did Section 67-5-2 apply to extend the road's width to sixty feet?
- Was the district court's finding that the road's actual width was twenty-five feet supported by sufficient evidence?
Disposition
- The court affirmed the district court's finding that the road was a public highway under 43 U.S.C. § 932.
- The court reversed the application of Section 67-5-2 to extend the road's width to sixty feet.
- The court remanded the case for further proceedings to determine the road's actual width (paras 25-26).
Reasons
Per Minzner CJ (Bivins and Alarid JJ. concurring):
Public Highway Status: The court upheld the district court's finding that the road was a public highway under 43 U.S.C. § 932. Evidence, including aerial photographs and testimony, demonstrated that the road existed and was used by the public before 1931 when the land was federally owned. The court found sufficient public use to accept the federal offer of dedication (paras 5-11).
Application of Section 67-5-2: The court held that Section 67-5-2, which prescribes a sixty-foot width for public highways, applies only to roads "laid out" by governmental authority. Since the road in question was established by public use rather than governmental action, Section 67-5-2 was inapplicable (paras 12-17).
Road Width: The court found insufficient evidence to support the district court's determination that the road's actual width was twenty-five feet. The evidence presented, including surveys and testimony, was inconclusive. The court remanded the issue for further determination (paras 18-24).