N.M. Stat. § 63-2-16
Foreign roads; extensions; certificate to be filed; time for
commencement and completion.
Any such railroad corporation owning or operating a line of railroad in this state and
projecting one or more extensions or branches of such line of railroad in this state shall
file in the office of the secretary of state and in the office of the county clerk of each
county through or in which the line of any such extension or branch shall be located a
declaration, subscribed by its president or vice president and attested under its
corporate seal, of its intention to construct such extension or branch line, stating the
places from and to which it is intended to build the same, together with a map or plat
showing the surveyed line or route thereof. The filing of such declaration and map or
plat shall entitle such railroad corporation to a prior right to construct such extension or
branch line along the line or route described therein; provided such corporation shall
commence construction within four years after date of filing in the office of the secretary
of state and complete the same within six years, and provided further, that it shall
comply with the laws of this state for acquiring lands for right of way. Nothing in this
section or Section 63-2-15 NMSA 1978 shall be deemed to exclude the jurisdiction of
this state over the control of all railroads or parts thereof situate within the boundaries of
this state.