The county commissioners of the various counties in the state are hereby empowered and authorized to grant rights-of-way for laying and maintaining pipelines for oil and gas transportation in, on or over public highways in their respective counties to all applicants upon such terms and conditions as such county commissioners deem to be for the best interests of their respective counties, and as prescribed by the terms of this act [70-3-7 to 70-3-9 NMSA 1978]. History: Laws 1921, ch. 22, § 1; C.S. 1929, § 33-4249; 1941 Comp., § 69-310; 1953 Comp., § 65-4-11. Application of act. — So far as use of roads is made for transportation alone but not for distribution, 70-3-7 NMSA 1978 will apply, and in event commodity is being transported on public ways for resale to public utility, and not directly by owner of pipe for distribution to general public, a charge can be made under this section. 1957 Op. Att'y Gen. No. 57-124. Law reviews. — For note, "The Use of Eminent Domain for Oil and Gas Pipelines in New Mexico," see 4 Nat. Res. J. 360 (1964). Am. Jur. 2d, A.L.R. and C.J.S. references. — 61 Am. Jur. 2d Pipelines § 27. 73A C.J.S. Public Lands § 70.
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