Legal Question in Traffic Law in New Mexico

Is it a ''taking'' to ban large trucks from residential streets?

Situation: a mine exists on Forest Service land. An individual obtains a permit to use mine. Trucks have only two routes to and from the mine. One route crosses Native American land, another passes through a residential neighborhood in a neighboring county on a road not intended or designed for regular truck traffic. The Native Americans close their road and trucks start driving through the residential area.

Question: does it constitute a ''taking'' for the county to ban these trucks from residential areas?


Asked on 3/08/02, 1:21 pm

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Is it a ''taking'' to ban large trucks from residential streets?

No. It is a traditional governmental function to determine how roads may be used and the exclusion of heavy truck traffic from residential areas has long been held to be a legitimate regulation within that governmental function.

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Answered on 3/09/02, 1:30 am


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