§3021. Definitions As used in this chapter, unless the context clearly indicates otherwise, the following words shall have the following meaning. [PL 1975, c. 711, §8 (NEW).] 1. Highway purposes. “Highway purposes” means use as a town way and those things incidental to the laying out, construction, improvement, maintenance, change of location, alignment and […]
§3022. Laying out of town ways and public easements The municipal officers may, personally or by agency, lay out, alter or widen town ways. They shall give written notice of their intentions posted at least 7 days in 2 public places in the municipality and in the vicinity of the way and shall in the […]
§3023. Eminent domain A municipality may take property or interests therein for highway purposes if the municipal officers determine that public exigency requires the immediate taking of such property interests, or if the municipality is unable to purchase it at what the municipal officers deem reasonable valuation, or if title is defective. [PL 1975, […]
§3024. Recording of proceedings No taking of property or interests therein by a municipality, or the discontinuance of a town way except by abandonment, after September 12, 1959, shall be valid against owners of record or abutting landowners who have not received actual notice, unless there is recorded in the registry of deeds for the […]
§3025. Dedication and acceptance No property or interests therein may be dedicated for highway purposes unless the owner of such property or interest has filed with the municipal officers a petition, agreement, deed, affidavit or other writing specifically describing the property or interest and its location, and stating that the owner voluntarily offers to transfer […]
§3026-A. Discontinuance of town ways A municipality may terminate in whole or in part any interests held by it for highway purposes. A municipality discontinuing a town way or public easement in this State must meet the following requirements. [PL 2015, c. 464, §5 (NEW).] 1. Notification of discontinuance to abutting property owners. The […]
§3026. Discontinuance of town ways (REPEALED) SECTION HISTORY PL 1975, c. 711, §8 (NEW). PL 1977, c. 301, §1 (AMD). PL 1981, c. 683, §1 (RPR). PL 2015, c. 464, §4 (RP).
§3027-A. Recording of vacation orders; rights of action; prior orders 1. Recording of vacation order. A copy of the order of vacation by the municipal officers entered under section 3027 shall be recorded in the registry of deeds where the plan of subdivision is recorded and shall contain an alphabetical listing of the names of […]
§3027. Vacation of proposed town ways in land subdivision; revocation of dedication 1. Vacation of ways. When proposed town ways have been described in a recorded subdivision plan and lots have been sold with reference to the plan, the municipal officers, after notice to the municipal planning board or office, may, on their own initiative, […]
§3028-A. Abandonment of town ways Beginning October 1, 2021, a town way, or portion thereof, may not be declared discontinued by abandonment unless the municipality or county where the proposed abandoned town way is situated complies with the requirements of this section. A municipality or its officials or a county or its officials are not […]
§3028. Abandonment of public ways; determination of status of any town way or public easement (REPEALED) SECTION HISTORY PL 1975, c. 711, §8 (NEW). PL 1977, c. 479, §4 (AMD). PL 1979, c. 127, §154 (AMD). PL 1979, c. 629 (AMD). PL 1989, c. 395 (AMD). PL 1991, c. 195 (RPR). PL 2009, c. 59, […]
§3029-A. Damage to public easement; cause of action 1. Cause of action. An owner of property abutting a discontinued or abandoned road in which a public easement exists may bring a civil action in Superior Court for damages and injunctive relief against a person who causes damage to the road in a manner that impedes […]
§3029. Damages; appeal Damages must be determined using the methods in sections 154 to 154‑E, as far as practicable, except that references to the “commission” or the “board” mean the “municipal officers” and references to the “state” mean the “municipality.” [RR 2021, c. 2, Pt. A, §65 (COR).] Any person aggrieved by the determination […]
§3030. Purchase; prescription Nothing in this chapter shall be construed to abridge the authority of a municipality to acquire property or interests therein for highway purposes by purchase, or to modify the law relating to acquisition of property by a municipality through prescriptive use. [PL 1975, c. 711, §8 (NEW).] SECTION HISTORY PL 1975, […]
§3031. Public and private rights in proposed, unaccepted ways in subdivisions 1. Public rights. From the date of recording of a subdivision plan in the registry of deeds, the public acquires rights of incipient dedication to public use of the ways laid out on the plan. If a proposed way laid out in the plan […]
§3032. Proposed, unaccepted ways deemed vacated 1. Deemed vacation. [PL 1997, c. 386, §1 (RP).] 1-A. Deemed vacation. A proposed, unaccepted way or portion of a proposed, unaccepted way laid out on a subdivision plan recorded in the registry of deeds prior to September 29, 1987 is deemed to have been subject to an order […]
§3033. Rights of action concerning ways deemed vacated 1. Notice by person claiming ownership. Any person claiming to own a proposed, unaccepted way or portion of a proposed, unaccepted way deemed vacated under section 3032 may record, in the registry of deeds where the subdivision plan, to which the notice set forth in this subsection […]
§3034. Structures located in proposed ways 1. Action to compel removal. When any structure, for 20 years, has been continuously located, in whole or in part, within a proposed, unaccepted way laid out in a subdivision plan recorded in the registry of deeds, and lots have been sold with reference to this plan, no action […]
§3035. Construction of laws Nothing in sections 3031 to 3034 may be construed to extend the period for the bringing of an action or for the doing of any other required act under any statute of limitations. Nothing in those sections may be construed to affect the nature of any right or interest which may […]
§3036. Maine Abandoned and Discontinued Roads Commission The Maine Abandoned and Discontinued Roads Commission, referred to in this section as “the commission,” is established by Title 5, section 12004‑I, subsection 83‑A and operates in accordance with this section. [PL 2021, c. 743, §2 (NEW).] 1. Members. The commission consists of the following 12 members: […]
