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Home » US Law » 2022 Maine Revised Statutes » TITLE 23: TRANSPORTATION » Part 2: COUNTY HIGHWAY LAW » Chapter 203: LAYING OUT, ALTERING OR DISCONTINUING HIGHWAYS

23 §2051. Power of commissioners

§2051. Power of commissioners 1.  Layout, maintenance and discontinuance of roads in unorganized areas.  County commissioners may lay out, alter, close for maintenance or discontinue highways within the unorganized areas of their counties and grade hills in such a highway. The county commissioners may close a county road for maintenance and preserve the right-of-way for […]

23 §2052. Notice

§2052. Notice Being satisfied that the petitioners are responsible and that an inquiry into the merits is expedient, the county commissioners shall cause 30 days’ notice to be given of the time and place of their meeting by posting copies of the petition, with their order thereon, in 3 public places in each town in […]

23 §2053. Costs

§2053. Costs When their decision is against the prayer of the petitioners, the county commissioners shall order them to pay to the treasurer of the county, at a time fixed, all expenses incurred on account of it, and if they are not then paid, they shall issue a warrant of distress against the petitioners therefor. […]

23 §2054. Proceedings; return; durable monuments erected

§2054. Proceedings; return; durable monuments erected The county commissioners shall meet at the time and place appointed and view the way, and there, or at a place in the vicinity, hear the parties interested. If they judge the way to be of common convenience and necessity or that any existing way shall be altered, graded […]

23 §2055. Return filed; appeal

§2055. Return filed; appeal The return of the commissioners, made at their next regular statute session after the hearing provided for in section 2054, shall be placed on file and remain in the custody of their clerk for inspection without record. The case shall be continued to their next regular term of record, and at […]

23 §2056. Damages; increase

§2056. Damages; increase When a notice of appeal for increase of damages is presented within the time allowed, the case shall be further continued until a final decision respecting damages is made. If the county commissioners then are of opinion that their proceedings, or any part thereof, ought not to take effect, subject to such […]

23 §2057. — estimation and award

§2057. — estimation and award If any person’s property is damaged by laying out, altering or discontinuing a county highway, the county commissioners shall estimate the amount, and in their return state the share of each separately. Damages shall be determined as if the land were taken for highway purposes under chapter 3. Damages shall […]

23 §2058. — appeals

§2058. — appeals Any person aggrieved by the estimate of damages by the county commissioners, on account of the laying out or discontinuing of a way, may appeal therefrom, at any time within 30 days after the commissioners’ return is made, to the Superior Court, in the county where the land is situated, which court […]

23 §2059. Removing growth and opening way

§2059. Removing growth and opening way The owners of land taken under sections 2051 to 2060 shall be allowed not exceeding one year after the proceedings regarding the location are finally closed to take off timber, wood or any erection thereon. A time not exceeding 2 years shall be allowed for making and opening the […]

23 §2060. Discontinuance where new state highway

§2060. Discontinuance where new state highway 1.  General procedures.  When the Department of Transportation has constructed a highway over substantially the same route as that of a county or town way and has recorded the plans of that highway in the registry of deeds, the county commissioners or municipal officers may, on their own motion, […]

23 §2061. Discontinuance before damages paid; proceedings

§2061. Discontinuance before damages paid; proceedings When the way is discontinued before the time limited for the payment of damages, the commissioners may revoke their order of payment, and estimate the damages actually sustained and order them paid. Any person aggrieved may have them assessed by a committee or jury as provided.  

23 §2063. Hearings; appeals; stay

§2063. Hearings; appeals; stay Parties interested may appear, jointly or severally, at the time of hearing before the commissioners on a petition for laying out, altering, grading or discontinuing a highway. Any such party may appeal from their decision thereon within 30 days after it has been placed on file to the Superior Court in […]

23 §2064. Proceedings on appeal

§2064. Proceedings on appeal If no person appears to prosecute the appeal provided for in section 2063, the judgment of the commissioners may be affirmed. If the appellant appears, the court may appoint a committee of 3 disinterested persons, who shall be sworn, and if one of them dies, declines or becomes interested, the court […]

23 §2065. Judgment on appeal

§2065. Judgment on appeal If the judgment of the commissioners in favor of laying out, grading or altering a way, as prayed for, is wholly reversed on appeal, they shall proceed no further. In all cases when the judgment of the commissioners is reversed on appeal, no petition praying substantially for the same thing shall […]

23 §2066. Committee sworn

§2066. Committee sworn All such committees provided for in section 2064, whether agreed on or appointed on appeal from the county commissioners, may be sworn at any time before viewing the route and hearing the parties.  

23 §2067. Paths to great ponds in unorganized territory

§2067. Paths to great ponds in unorganized territory The county commissioners of any county may lay out, alter or discontinue paths or trails, for pedestrian use only, in the unorganized territory of the county which will provide a right of access to great ponds, provided a request therefor is made by petition signed by not […]