State Highway Commission v. Southern Union Gas Co.

McGHEE, Justice.

The appellee has filed a motion asking permission to file a second motion for rehearing in which it attacks the last sentence of Section 1(A) of Chapter 237, Laws of 1957, § 55-7-18, N.M.S.A.1953, 1957 Pocket Supp. on the ground that it is unconstitutional because there is no provision for a hearing before the State Highway Engineer, and then before a court in the event of dissatisfaction on the part of the utility with the decision of the engineer. The sentence reads:

“In all cases where the widening, improvement, reconstruction, or maintenance of the highway shall necessitate…