Section 3-42-2 - New municipality required to grant franchise when right-of-way granted by county commissioners. - New Mexico Statutes

3-42-2. New municipality required to grant franchise when right-of-way granted by county commissioners.

A.     If previous to the incorporation of a municipality, the board of county commissioners has granted to any person right-of-way over, upon, in and about the streets of the municipality for the erection, construction, maintenance or operation of a public utility, and such person has erected, constructed, or in good faith commenced the erection or construction of such a utility, the governing body shall, without a vote by the electorate:   

(1)     authorize the completion of the system;   

(2)     authorize the continued or subsequent operation and maintenance of the system;   

(3)     recognize the rights acquired by the person erecting or constructing such a system; and   

(4)     grant such a person a franchise for the maximum term of years allowed by law upon such terms as are fair, just and equitable to all parties concerned.   

B.     Pending the granting of the franchise, no person shall interfere with the free exercise and enjoyment of the rights acquired by the person erecting or constructing a public utility by the right-of-way granted by the board of county commissioners.