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2014 New Mexico Attorney General Reports and Opinions 1 (2014)

handle is hein.sag/sagnm0093 and id is 1 raw text is: Attorney General of New Mexico GARY K. KING ALBERT J. LAMA Attorney General February 17, 2014 Chief Deputy Attorney General OPINION OF Opinion No. 14-01 GARY K. KING Attorney General BY: Luis G. Carrasco Assistant Attorney General TO: The Honorable Michael S. Sanchez New Mexico State Senator 03 Bunton Road Belen, NM 87002 QUESTION: Do New Mexico counties have the authority to charge utility companies a fee for the use of rights-of-way pursuant to any legal principle or law, including NMSA 1978, Section 62-1-3? CONCLUSION: Yes. New Mexico counties are authorized to charge utility companies a fee for the use of rights- of-way pursuant to New Mexico statutes and case law. ANALYSIS: New Mexico law evinces a clear intent to permit counties to assess both private and public utility companies a fee for the reasonable actual expenses incurred in granting rights-of-way for the use of public highways, streets and alleys in unincorporated towns, and places certain limitations on the conferral of such rights-of-way. These rights-of-way are typically known as franchises. NMSA 1978, Section 62-1-3 (1987) provides: The boards of county commissioners of the several counties are authorized to permit corporations organized pursuant to Section 62-1-1 NMSA 1978, public utilities under the Public Utility Act and companies that provide public telecommunications service pursuant to the New Mexico Telecommunications Act to use the public highways and the streets and alleys of unincorporated towns for their pipes, poles, wires, cables, conduits, towers, transformer stations and P.O. Drawer 1508 Santa Fe, New Mexico 87504-1508 (505) 827-6000 www.nmag.gov

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