23 M.R.S. § 2704 — ME Code / Title 23 / Part 3 / Chapter 301 / Section 2704
23 §2704. Contracts for opening or repairing ways
Status: in_force

Towns may authorize their road commissioners or other persons to make contracts for opening or repairing their ways.
23 M.R.S. § 3152 — ME Code / Title 23 / Part 3 / Chapter 305 / Section 3152
23 §3152. Town regulations apply
Status: in_force

Bridle paths and trails, when laid out and accepted under section 3151 , shall be subject to such regulations as to use as may be established by the city or town laying them out.
23 M.R.S. § 6077 — ME Code / Title 23 / Part 7 / Chapter 609 / Section 6077
23 §6077. Carrying of shield
Status: in_force

Each policeman so appointed and commissioned shall, when on duty, carry a shield or star with the words "Police," "Railroad Police" or "Railway Police" and the name of the appointing railroad inscribed on the shield. The shield or star shall be of uniform design. This shield or star shall be worn in plain view when in uniform. The policeman shall also carry, when on duty, an identification card issued by the appointing railroad. [PL 1987, c. 141, Pt. A, §4 (NEW).]
23 M.R.S. § 246 — ME Code / Title 23 / Part 1 / Chapter 3 / Section 246
23 §246. Appeal
Status: in_force

1. State Claims Commission. If the department is unable to negotiate any payment authorized under section 244, subsection 1, paragraph A , or section 244‑A, subsection 1 , at what it deems to be a reasonable amount, either the department or the displaced person, or both, may apply to the State Claims Commission in writing for a determination and assessment. The proceedings shall then be the same as in condemnation proceedings under subchapter III . [PL 1987, c. 395, Pt. A, §104 (AMD).]

2. Commissioner of Transportation. Any person aggrieved by a determination as to eligibility for any payment, except those enumerated in subsection 1 , authorized by this subchapter may have that person's application reviewed by the commissioner or the commissioner's delegate whose determination shall be final and nothing in this section may be construed to give any person a cause of action in the State Claims Commission or the Superior Court. [PL 1989, c. 208, §§19, 21 (AMD).]
23 M.R.S. § 6025 — ME Code / Title 23 / Part 7 / Chapter 607 / Section 6025
23 §6025. No title to lands of railroads by adverse possession
Status: in_force

No title to any real estate or any interest in real estate may be acquired against any railroad corporation by adverse possession, however exclusive or long continued. [PL 1987, c. 141, Pt. A, §4 (NEW).]
23 M.R.S. § 3202 — ME Code / Title 23 / Part 3 / Chapter 305 / Section 3202
23 §3202. Mail routes; snow fences
Status: in_force

There shall be furnished and kept in repair in each section of the town through which there is a mail route some effectual apparatus for opening ways obstructed by snow, to be used to break and keep open the way to the width of 10 feet, and the municipal officers of towns, or any road commissioner under their direction, may take down fences upon the line of public highways when they deem it necessary to prevent the drifting of snow therein, but they shall in due season be replaced, in as good condition as when taken down, without expense to the owner.
23 M.R.S. § 4405 — ME Code / Title 23 / Part 6 / Chapter 412 / Section 4405
23 §4405. Student rates
Status: in_force

The Department of Transportation shall grant to the towns of North Haven, Vinalhaven, Isleboro, Swan's Island and Frenchboro free use of the scheduled ferry service for: [PL 2005, c. 9, §1 (AMD).]

1. School functions. Students and their adult supervisors using the ferry for transportation as part of a school function or school sponsored activity. Students are classified as children attending nursery schools or day care centers, children attending public or private schools approved by the State to educate students from grades kindergarten to grade 12, or any one or several of those grades; [PL 1981, c. 456, Pt. A, §88 (NEW).]

2. Accompanying staff. The superintendent of schools, principal or staff members accompanying students as a part of a school function or school sponsored activity; and [PL 1981, c. 456, Pt. A, §88 (NEW).]

3. Inter-school trips. Trips made by students from the mainland schools for the purpose of visiting the schools of the towns mentioned in this section. [PL 1981, c. 456, Pt. A, §88 (NEW).]

All vehicles used to transport students, as the term students is defined in this section, are subject to applicable tariff charges, [PL 1981, c. 456, Pt. A, §88 (NEW).]

The department may develop rules and regulations pertaining to the administration of this section. [PL 1981, c. 456, Pt. A, §88 (NEW).]
23 M.R.S. § 1967 — ME Code / Title 23 / Part 1 / Chapter 24 / Section 1967
23 §1967. Property of the authority; eminent domain
Status: in_force

The authority shall hold and acquire property as follows. [PL 1981, c. 595, §3 (NEW).]

1. Property of the authority. All property of the authority and all property held in the name of the State pursuant to the provisions of this chapter are exempt from levy and sale by virtue of any execution, and an execution or other judicial process is not a valid lien upon property of the authority held pursuant to the provisions of this chapter. A. The authority may not lease, sell or otherwise convey, or allow to be used, any of its real or personal property or easements in that property, franchises, buildings or structures, with access to any part of the turnpike or its approaches, for commercial purposes, except for the following: (1) Intermodal transportation facilities, kiosks at rest areas, gasoline filling stations, service and repair stations, safety patrol vehicles sponsored or operated by 3rd parties, tourist-oriented retail facilities, state and tri-state lottery ticket agencies, automatic teller machines and restaurants that the authority determines are necessary to service the needs of the traveling public while using the turnpike. The leasehold interests in such intermodal transportation facilities, kiosks, gasoline filling stations, service and repair stations, tourist-oriented retail facilities, state and tri-state lottery ticket agencies, automatic teller machines and restaurants are subject to taxation as provided in section 1971 ; (2) Electrical power, telegraph, telephone, communications, water, sewer or pipeline facilities installed or erected by the authority, or permitted to be installed or erected by the authority; and (3) Signs erected and maintained by the authority, or allowed by the authority to be erected and maintained, in accordance with rules adopted pursuant to section 1965, subsection 1, paragraph U , that contain names, symbols, trademarks, logos or other identifiers of specific commercial enterprises. [PL 2013, c. 549, §4 (NEW).] As used in this subsection, "tourist-oriented retail facilities" means facilities that promote tourism in this State by selling products that are made or primarily made in this State or to which value is added in this State. [PL 2013, c. 549, §4 (RPR).]

2. Use of eminent domain. Whenever a reasonable price cannot be agreed upon for the purchase or lease of real property found necessary for the purposes of the authority or whenever the owner is legally incapacitated or is absent or is unable to convey valid title or is unknown, the authority may acquire by eminent domain any such real property whether wholly or partly constructed or interest or interests therein and any land, rights, easements, franchises and other property deemed necessary or convenient for the construction or reconstruction or the efficient operation of the turnpike, its connecting tunnels, or bridges, overpasses, underpasses or interchanges, or both, in the manner provided by chapter 3, subchapter III . Title to any property taken by eminent domain shall be in the name of the authority. [PL 1981, c. 595, §3 (NEW).]

3. Entry upon lands. The authority and its authorized agents and employees may enter upon any lands, waters and premises in the State for the purpose of making surveys, soundings, drillings and examinations as it deems necessary or convenient for the purpose of this chapter and the entry shall not be deemed a trespass. [PL 1981, c. 595, §3 (NEW).]

4. Authority for transfers of interest in land to the authority. All counties, cities, towns and other political subdivisions or municipalities and all public agencies and commissions of the State, and all public service corporations and districts, notwithstanding any contrary provisions of law, may lease, lend, grant or convey to the authority, upon its request, upon such terms and conditions as the proper authorities of the counties, cities, towns, political subdivisions, other municipalities, agencies, commissions, public service corporations and districts deem reasonable and fair and without the necessity for any advertisement, order of court or other action or formality other than the regular and formal action of the authorities concerned, any real or personal property or rights therein that may be necessary or convenient to the effectuation of the authorized purposes of the authority, including real and personal property or rights therein already devoted to public use. As used in this subsection, the term "public service corporation" includes every public utility as defined in Title 35‑A, section 102, subsection 13 , and every corporation referred to in Title 13‑C . [RR 2001, c. 2, Pt. B, §39 (COR); RR 2001, c. 2, Pt. B, §58 (AFF).]

5. Access. Notwithstanding subsection 1 , the authority may permit the City of Saco, or its successors or assigns, to use the interchange in Saco formerly known as exit 5 of the turnpike and land located adjacent to this former interchange for access, utility lines and appurtenances, parking and related accessory rights for the benefit of any or any combination of the following facilities: A. A liquor store or retail facility; [PL 1993, c. 612, §7 (NEW).] B. A regional information center; [PL 1993, c. 612, §7 (NEW).] C. A restaurant; [PL 1993, c. 612, §7 (NEW).] D. A hotel; or [PL 1993, c. 612, §7 (NEW).] E. A banquet and conference center. [PL 1993, c. 612, §7 (NEW).] The facilities must be located on property adjacent to the access way that connected the former exit 5 interchange with North Street in Saco. The terms of locating a facility must be mutually agreed upon by the authority and the City of Saco, its successors or its assigns. Access to and from the turnpike by means of the interchange at former exit 5 is restricted to facilities permitted under this subsection. [PL 1993, c. 612, §7 (NEW).]
23 M.R.S. § 706 — ME Code / Title 23 / Part 1 / Chapter 13 / Section 706
23 §706. Curbs
Status: in_force

1. Location or construction. The Department of Transportation shall develop or approve standards for the location or construction of curbs on each side of a way in the business district or area as defined by the department of any municipality for which curbs have been prescribed. [PL 2017, c. 9, §1 (AMD).]

2. Federal compliance. Standards developed by the Department of Transportation for curb ramping under subsection 1 must comply with applicable federal standards. [PL 2017, c. 9, §1 (AMD).]

3. Physically handicapped; adequate ramping. [PL 2017, c. 9, §1 (RP).]
23 M.R.S. § 5184 — ME Code / Title 23 / Part 7 / Chapter 605 / Section 5184
23 §5184. Courts have jurisdiction of all disputes
Status: in_force

The Supreme Judicial Court and the Superior Court, in addition to the jurisdiction specifically conferred by this chapter, have jurisdiction of all other matters in dispute, arising under this chapter relating to trustees, mortgages and the redemption and foreclosure of mortgages; but not to take away any rights or remedies that any party has and may elect to enforce by any civil action. In all proceedings relating to trustees or to mortgages, their foreclosure and redemption, not otherwise specifically provided for, the law relating to trusts and mortgages of real estate may be applied. [PL 1987, c. 141, Pt. A, §4 (NEW).]
23 M.R.S. § 4244 — ME Code / Title 23 / Part 5 / Chapter 410 / Section 4244
23 §4244. Design-build contracting
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Best value" means the highest overall value to the State, considering quality and cost. [PL 2009, c. 648, Pt. B, §2 (NEW).] B. "Design-build contracting" means a method of project delivery whereby a single firm is contractually responsible for performing design, construction and related services. [PL 2009, c. 648, Pt. B, §2 (NEW).] C. "Major participant" means a firm that would have a major role in the design or construction of a project as specified by the department in its procurement documents. [PL 2009, c. 648, Pt. B, §2 (NEW).] D. "Project" means the highway, bridge, railroad, pier, airport, trail, ferry vessel, building or other improvement being constructed or rehabilitated, including all professional services, labor, equipment, materials, tools, supplies, warranties and incidentals needed for a complete and functioning product. [PL 2009, c. 648, Pt. B, §2 (NEW).] E. "Proposal" means an offer by the proposer to design and construct the project in accordance with all request-for-proposals provisions. [PL 2009, c. 648, Pt. B, §2 (NEW).] F. "Proposer" means an individual, firm, corporation, limited liability company, partnership, joint venture, sole proprietorship or other entity that submits a proposal. [PL 2009, c. 648, Pt. B, §2 (NEW).] G. "Public notice" means notice given electronically through the department's publicly accessible website or through advertisements in newspapers. If notice is to be given exclusively in newspapers, the notice must appear in 2 or more public newspapers circulated wholly or in part in the State and in one public newspaper circulated wholly or in part in the county where the proposed project is located if any such newspaper is circulated in that county. [PL 2009, c. 648, Pt. B, §2 (NEW).] H. "Quality" means those features that the department determines are most important to the project. Quality criteria include design, constructability, long-term maintenance costs, aesthetics, local impacts, traveler and other user costs, service life, time to construct and other factors that the department considers to be in the best interest of the State. [PL 2009, c. 648, Pt. B, §2 (NEW).] [PL 2009, c. 648, Pt. B, §2 (NEW).]

2. Authorization. Notwithstanding section 4243 or any other provision of law, the department may use design-build contracting to deliver projects. The department may evaluate and select proposals on either a best-value or low-bid basis. If the scope of work requires substantial engineering judgment, the quality of which may vary significantly, as determined by the department, then the basis of award must be the best value. The department retains the authority to terminate the contracting process at any time, to reject any proposal, to waive technicalities or to solicit new proposals if the department determines that doing so is in the best interest of the State. [PL 2009, c. 648, Pt. B, §2 (NEW).]

3. Prequalification. A proposer must be prequalified to be eligible to submit a proposal. A proposer must be prequalified by a project-specific request-for-qualifications process described in this subsection, or a proposer may be a team formed of contractors and designers that are each prequalified separately for design-build contracting in accordance with ongoing prequalification procedures established by the department. The department shall specify the method of prequalification in its discretion, except that if the basis of award is the best value, then prequalification must be through a project-specific request-for-qualifications process. The department shall give public notice of a project-specific request-for-qualifications process. The department shall issue a request-for-qualifications package to all firms requesting one in accordance with the notice. Interested firms shall supply, for themselves and all major participants, all information required by the department. The department may investigate and verify all information received. All financial information, trade secrets or other information customarily regarded as confidential business information submitted to the department is confidential. The department shall evaluate and rate all firms submitting a conforming statement of qualifications and select the most qualified firms to receive a request for proposals. The department may select any number of firms, except that, if the department fails to prequalify at least 2 firms, the department shall repeat the request-for-qualifications process or select a different project delivery method. [PL 2009, c. 648, Pt. B, §2 (NEW).]

4. Request for proposals. If prequalification is through project-specific prequalification, the department shall issue a request for proposals to those firms prequalified. If prequalification is through ongoing prequalification procedures established by the department, the department shall give public notice of the request for proposals. The request for proposals must set forth the scope of work, design parameters, construction requirements, time constraints and all other requirements that have a substantial impact on the cost or quality of the project and the project development process, as determined by the department. The request for proposals must include the criteria for acceptable proposals and must include a request-for-information process that allows for clarification of such criteria. For projects to be awarded on a best-value basis, the scoring process and quality criteria must also be contained in the request for proposals. The request for proposals may also provide for a process for the department to meet with each proposer individually to review conceptual technical elements of each proposal before full proposal submittal for the purposes of identifying design or other technical elements that are unacceptable to the department or that obviously would cause rejection of the proposal as nonresponsive. All such conceptual technical meetings, including submittals and responses, are confidential until award of the contract, but the department may issue addenda to all proposers to clarify design or other technical elements that will or will not be allowed. Upon award of the contract and after resolution of any procurement disputes, the department shall return documents submitted by unsuccessful proposers upon request. The request for proposals may also provide for a stipend upon specified terms to unsuccessful proposers that submit proposals conforming to all material request-for-proposals requirements as determined by the department. [PL 2009, c. 648, Pt. B, §2 (NEW).]

5. Low-bid award. If the basis of the award is lowest cost, then each proposal must be submitted by the proposer to the department in 2 separate components, a sealed technical proposal and a sealed price proposal. These 2 components must be submitted simultaneously. The department shall first review technical proposals for responsiveness. The department shall award the contract to the proposer that submits a responsive proposal with the lowest price, if the proposal meets all material request-for-proposals requirements as determined by the department. [PL 2009, c. 648, Pt. B, §2 (NEW).]

6. Best-value award. If the basis of the award is best value, then each proposal must be submitted by the proposer to the department in 2 separate components, a sealed technical proposal and a sealed price proposal. These 2 components must be submitted simultaneously. The department shall open first each technical proposal and evaluate and score it based on the quality criteria contained in the request for proposals. The request for proposals may provide that the range between the highest and lowest quality score of responsive technical proposals must be limited to an amount certain. During this evaluation process, the price proposals must remain sealed and all technical proposals are confidential. After completion of the review for responsiveness, the department shall publicly open and read each price proposal associated with each responsive technical proposal. The department shall calculate the overall value rating for each proposal, which is the total price divided by the quality score. The department shall award the contract to the proposer with the lowest price per quality score point, if the proposal meets all material request-for-proposals requirements as determined by the department. [PL 2009, c. 648, Pt. B, §2 (NEW).]

7. Procurement disputes. The request for proposals must provide for resolution of disputes that may arise before award of the contract by including a dispute review board procedure in accordance with the department's standard specifications. Except in extraordinary circumstances as determined by the department, including emergency work or situations in which delay could result in the loss of funding, the request for proposals must include a provision that requires that the procurement process be suspended pending final resolution of such disputes. In cases involving such extraordinary circumstances when suspension of the procurement process does not occur, proposers that are not selected may seek monetary damages directly related to such nonselection. [PL 2009, c. 648, Pt. B, §2 (NEW).]
23 M.R.S. § 2802 — ME Code / Title 23 / Part 3 / Chapter 301 / Section 2802
23 §2802. -- parking places
Status: in_force

Towns and cities may lay out land within their corporate limits for use as public parking places for motor and other vehicles and may alter or discontinue such use. All procedure including assessment of damages and appeal therefrom shall be the same as is provided by general law for laying out, altering and discontinuing town and city ways.
23 M.R.S. § 3031 — ME Code / Title 23 / Part 3 / Chapter 304 / Section 3031
23 §3031. Public and private rights in proposed, unaccepted ways in subdivisions
Status: reserved

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 is not accepted by the municipality within 20 years from the date of recording of the plan, the public rights in that way terminate. [PL 1987, c. 385, §2 (NEW).]

2. Private rights. A person acquiring title to land shown on a subdivision plan recorded in the registry of deeds acquires a private right-of-way over the ways laid out in the plan. If a proposed, unaccepted way is not constructed within 20 years from the date of recording of the plan, and if the private rights created by the recording of the plan are not constructed and utilized as private rights within that 20-year period, the private rights-of-way in that way terminate. Unless title has been reserved pursuant to Title 33, section 469‑A , when the private rights established by this subsection are terminated as provided in this subsection or by order of vacation by the municipality, the title of the fee interest in the proposed, unaccepted way for which the private rights-of-way have terminated passes to the abutting property owners to the centerline of the way. [PL 1987, c. 385, §2 (NEW).]

3. Shorter duration of public and private rights; rights of lesser extent. Notwithstanding subsections 1 and 2 , the developer or other person recording a subdivision plan in the registry of deeds may set a shorter duration for the public and private rights established in subsections 1 and 2 than the period provided in those subsections. The developer or other person recording the subdivision plan shall cause the shorter duration to be noted on the face of the subdivision plan. Pursuant to a subdivision review under Title 30‑A, chapter 187, subchapter IV , the municipal reviewing authority may set a shorter duration for the public and private rights established in subsections 1 and 2 than the period provided in those subsections. The municipal reviewing authority shall cause the shorter duration to be noted on the face of the subdivision plan. Nothing in this section may be construed to prohibit the developer or other person recording a subdivision plan in the registry of deeds from granting rights of lesser extent than those established in subsections 1 and 2 . If rights of lesser extent are granted, the person recording the subdivision plan shall cause the extent of those rights to be described on the face of the subdivision plan and in any conveyance of land shown on the plan. [PL 1995, c. 462, Pt. B, §4 (AMD).]

4. Fee interest reserved by owner of subdivision. If the owner of land for which a subdivision is proposed reserves the fee interest in any ways proposed on the subdivision plan, the owner shall place a statement of this reservation in all conveyances by him of land in the subdivision. [PL 1987, c. 385, §2 (NEW).]
23 M.R.S. § 1202 — ME Code / Title 23 / Part 1 / Chapter 15 / Section 1202
23 §1202. Rivers, streams, lakes and mountains
Status: in_force

The department is authorized and directed to place suitable markers, similar to those used in other states, along the state highways commencing with United States Route Number 1, designating the names of contiguous rivers, lakes, streams and other bodies of water and adjacent mountains. [PL 1971, c. 593, §22 (AMD).]

The department is authorized to use any funds available for the construction of state highways and bridges and for the maintenance of the same for carrying out this section. [PL 1971, c. 593, §22 (AMD).]
23 M.R.S. § 2067 — ME Code / Title 23 / Part 2 / Chapter 203 / Section 2067
23 §2067. Paths to great ponds in unorganized territory
Status: in_force

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 less than 40 residents of said county. Such trails or paths shall not exceed 10 feet in width or one mile in length. Sections 2051 to 2059 , where not inconsistent with this section, shall apply to the proceedings under this section. [PL 1965, c. 96 (NEW).]
23 M.R.S. § 152 — ME Code / Title 23 / Part 1 / Chapter 3 / Section 152
23 §152. Composition; appointment; powers
Status: in_force

The State Claims Commission, established by Title 5, section 12004‑B, subsection 5 , consists of 5 members. Four of the members must be appointed by the Governor, 2 of whom must have been qualified appraisers certified as general real estate appraisers pursuant to Title 32, chapter 124 within the 5 years prior to the date of appointment and 2 of whom must be attorneys-at-law. The Governor shall designate one of the attorneys-at-law to be chair. The members of the commission appointed by the Governor shall serve for terms of 4 years. They must be sworn, and for inefficiency, willful neglect of duty or for malfeasance in office may, after notice and hearing, be removed by the Governor on the address of both branches of the Legislature or by impeachment. In case of a vacancy occurring through death, resignation or removal, the Governor shall appoint a successor for the whole term of the member whose place that successor takes, subject to removal as provided in this section. [PL 2023, c. 54, §1 (AMD).]

Members of the State Claims Commission must be compensated according to the provisions of Title 5, chapter 379 . The daily rate for commission members is $150. [PL 1995, c. 438, §2 (AMD).]

In carrying out its duties, the commission shall not be bound by common law or statutory rules of evidence, or by technical or formal rules of procedure. It shall admit all testimony having reasonable probative value, but shall exclude immaterial, irrelevant and unduly repetitious testimony. A majority of the commission, being present, may determine all matters, but the chairman shall resolve all questions of admissibility. [PL 1987, c. 395, Pt. A, §92 (RPR).]

The commission shall have authority to make rules and prescribe forms to secure a speedy, efficient and inexpensive disposition of all proceedings. Each member of the commission, for its official purposes, may administer oaths, certify to official acts and issue all process necessary to the performance of the duties of the commission. A reporter shall record hearings when required by the commission. [PL 1987, c. 395, Pt. A, §92 (RPR).]

The commission must maintain an office in Kennebec County. The Commissioner of Administrative and Financial Services shall appoint, subject to the Civil Service Law, a clerk of the commission to keep its records and to perform such other duties as the commission prescribes. The clerk has authority to certify to all official acts of the commission, administer oaths, issue subpoenas, and issue all processes, notices, orders or other documents necessary to the performance of the duties of the commission. [PL 1991, c. 780, Pt. Y, §119 (AMD).]

The Commissioner of Administrative and Financial Services shall appoint and fix the compensation of a reporter to the commission, and shall review and approve all charges made by such reporter for transcripts of the record of hearings before the commission. The commissioner may appoint, subject to the Civil Service Law, such clerical assistants for the commissioner as the commissioner considers necessary. [PL 1991, c. 780, Pt. Y, §120 (AMD).]

The 5th member of the commission shall be appointed for each hearing or series of hearings within the county where the land taken lies. He shall be a member of the board of county commissioners of the county wherein the land taken is situated and shall be appointed by the chairman of the State Claims Commission upon recommendation which shall be made, upon request, by the board of county commissioners of that particular county. In the event that any board of county commissioners should fail to make the required recommendation, then the chairman of the State Claims Commission may appoint a member of such board to serve. He shall be sworn by the chairman of the State Claims Commission and shall serve as a member of that commission only for the particular hearing or hearings for which he is appointed. He shall participate fully in such hearings and the awards made as a result thereof. Each such member shall be paid at the same per diem rate as that fixed for other members of the commission. Any member of the board of county commissioners thus designated shall serve only for the particular hearing or hearings set forth in his appointment and such service shall be as a member of the State Claims Commission and not in his capacity as a member of the board of county commissioners. [PL 1987, c. 395, Pt. A, §92 (RPR).]
23 M.R.S. § 1983 — ME Code / Title 23 / Part 1 / Chapter 24 / Section 1983
23 §1983. Interest rate agreements
Status: in_force

The authority is authorized to enter from time to time into agreements with another party, on terms and conditions that the authority determines are necessary or convenient, in which the authority agrees to make a payment to, or to receive a payment from, the other party based on a comparison at a future date between an interest rate specified on the date of the agreement and a rate derived on or about that future date from an interest rate index. The authority is authorized to enter into any credit enhancement or liquidity agreement on terms and conditions that the authority determines are necessary or convenient for carrying out this section. [PL 2003, c. 111, §1 (NEW).]
23 M.R.S. § 7314 — ME Code / Title 23 / Part 7 / Chapter 619 / Section 7314
23 §7314. Post-accident reporting requirements
Status: in_force

1. Post-accident review. After an accident involving hazardous materials subject to review by the applicable federal agency or when an accident is not reviewed by the applicable federal agency but review is considered necessary by the Commissioner of Transportation, the commissioner shall ensure that a post-accident review and analysis is performed in a timely manner. The commissioner's review and analysis must be undertaken under an agreement with an entity having relevant knowledge and experience that is fully independent of the railroad carrier's companies. [PL 2023, c. 618, §9 (NEW).]

2. Evaluation requirements. The Commissioner of Transportation's review and analysis process must include an after-action review and must evaluate, at a minimum, processes occurring during the accident for emergency assessment, hazard operations, population protection and accident management. The review and analysis must be designed to minimize disruption of the federal review of the accident. [PL 2023, c. 618, §9 (NEW).]

3. Report. By March 1st following any calendar year in which one or more post-accident reviews and analyses are performed, the Commissioner of Transportation shall submit a report to the joint standing committees of the Legislature having jurisdiction over railroads and public records matters. The report must: A. Provide a summary of the accidents, as long as the information provided does not include information excluded from the definition of "public records" pursuant to Title 1, section 402, subsection 3, paragraph U ; [PL 2023, c. 618, §9 (NEW).] B. Identify findings, conclusions and process changes; [PL 2023, c. 618, §9 (NEW).] C. Include any costs associated with accidents; and [PL 2023, c. 618, §9 (NEW).] D. Make recommendations for changes to laws and rules, if any. [PL 2023, c. 618, §9 (NEW).] [PL 2023, c. 618, §9 (NEW).]
23 M.R.S. § 7210 — ME Code / Title 23 / Part 7 / Chapter 617 / Section 7210
23 §7210. Temporary crossings
Status: in_force

A railroad company may, for the purpose of accommodating lumbering operations and for the transportation in ordinary vehicles of wood, coal, ice, hay or other commodities, establish and maintain temporary crossings of any railroad operated by it, by agreement with any person who may request the crossing for its purposes. On petition, the Department of Transportation, after notice and hearing, may direct any railroad company to establish and maintain the temporary crossings at places on its line of road as the department deems expedient, and after that the railroad company shall establish the crossings and maintain them in accordance with this section and sections 7211 to 7213 . [PL 1989, c. 398, §8 (NEW).]

Whenever, in the opinion of the department, any temporary railroad crossing established under this section is no longer necessary, the department may, on its own motion or on petition of any interested party, after notice and hearing, order the crossing discontinued. [PL 1989, c. 398, §8 (NEW).]
23 M.R.S. § 3360-A — ME Code / Title 23 / Part 3 / Chapter 307 / Section 3360-A
23 §3360-A. Protection of underground facilities
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms shall have the following meanings. A. "Business day" means any day other than Saturday, Sunday or a legal holiday. [PL 1979, c. 362, §2 (NEW).] A-1. "Borrow pit" has the same meaning as provided in Title 38, section 482, subsection 1‑A . [PL 1999, c. 718, §1 (NEW).] A-2. "Commercial timber harvesting activity" has the same meaning as "timber harvesting activities" as defined in Title 12, section 8868, subsection 5 . [PL 2021, c. 30, §5 (AMD).] B. "Emergency excavation" means immediate excavation necessary to prevent injury, death or loss of an existing vital service. [PL 1979, c. 362, §2 (NEW).] C. "Excavation" means any operation in which earth, rock or other material below the ground is moved or otherwise displaced, by means of power tools, power equipment or explosives and including grading, trenching, digging, ditching, drilling, augering, tunneling, scraping and cable or pipe driving, except tilling of soil and gardening or displacement of earth, rock or other material for agricultural purposes. [PL 2001, c. 577, §1 (AMD).] C-1. "Excavator" means any person proposing to make, making or contracting for an excavation. [PL 1991, c. 437, §1 (NEW); PL 1991, c. 437, §12 (AFF).] D. "Person" means an individual, partnership, municipality, state, including an agency or department of the state, county, political subdivision, utility, joint venture or corporation and includes the employer of an individual. [PL 2011, c. 588, §1 (AMD).] D-1. "Shoulder-grading activity" means highway maintenance work that involves the use of a motorgrader or other suitable construction equipment with a blade on the shoulder of a road to remove accumulated sand, gravel, sod or other material to establish drainage away from the traveled portion of the highway. [PL 2001, c. 577, §2 (NEW).] E. "Underground facility" means any item of personal property buried or placed below ground for use in connection with the storage or conveyance of water, sewage, electronic, telephonic or telegraphic communications, electric energy, oil, gas, liquefied propane gas or other substances and including, but not limited to, pipes, sewers, conduits, cables, valves, lines, wires, manholes, attachments, appurtenances and those parts of poles below ground. "Underground facility" does not include: (1) Highway drainage culverts or under drains; or (2) Liquefied propane gas distribution systems that have underground pipes located on a residential lot if: (a) The residential lot has no more than one structure connected by underground pipes to a liquefied propane gas distribution system; (b) The structure that is connected by underground pipes to a liquefied propane gas distribution system contains no more than 2 dwelling units; and (c) The liquefied propane gas tank is located 25 feet or less from that structure. [PL 2023, c. 572, §1 (AMD).] F. "Underground facility operator" means the owner or operator of any underground facility, other than an underground oil storage facility as defined in Title 38, section 562‑A, subsection 21 or an airport aviation fuel hydrant piping system, used in furnishing electric, telephone, telegraph, gas, petroleum transportation, liquefied propane gas or cable television service. "Underground facility operator" does not include a municipality or a public utility with fewer than 5 full-time employees or fewer than 300 customers or a person that owns underground facilities on its own property for commercial or residential purposes. [PL 2023, c. 572, §2 (AMD).] G. "Utility" means any public utility as defined in Title 35‑A, section 102, subsection 13 . [PL 1991, c. 437, §1 (NEW); PL 1991, c. 437, §12 (AFF).] [PL 2023, c. 572, §§1, 2 (AMD).]

1-A. Damage prevention system. Each underground facility operator shall be a member of and participate in an underground facility damage prevention system, referred to in this section as the "system." The system shall operate during regular business hours throughout the year and maintain adequate operations at all other times to receive and process emergency notifications of proposed excavations. The system shall receive notices of proposed excavations and immediately transmit those notices to underground facility operators whose facilities may be affected. The cost for operation of the system must be apportioned equitably among members. Nothing in this subsection prohibits a municipality, utility or other entity that owns or operates an underground facility from voluntarily becoming a member of the system. Notwithstanding subsection 1, paragraph F , a person that voluntarily becomes a member of the system is deemed an underground facility operator for the purposes of this section. [PL 1999, c. 718, §2 (AMD).]

2. Responsibility of designers. [PL 2001, c. 577, §4 (RP).]

3. Notice by excavator. A person may not begin excavation without first giving notice as required by this section, unless exempted pursuant to this section. A. In addition to any other notices required under this section, each excavator shall notify the system of the location of the intended excavation at least 3 business days but not more than 30 calendar days prior to the commencement of excavation, except as provided in paragraph G . [PL 2003, c. 373, §1 (AMD).] B. Notice may be in writing, by telephone or by electronic facsimile as long as an excavator acquires and records an acknowledgement of the receipt of any notice the excavator sends by electronic facsimile. For purposes of this section, the system shall provide a toll-free telephone number. [PL 1991, c. 437, §3 (NEW); PL 1991, c. 437, §12 (AFF).] C. Prior to notifying the system, the area of proposed excavation must be marked by the excavator in a manner designed to enable the operator of the underground facility to know the approximate boundaries of the proposed excavation. [PL 1991, c. 437, §3 (NEW); PL 1991, c. 437, §12 (AFF).] D. If an excavation involves blasting, the excavator shall provide written notice of that blasting, either in the initial notice or in a subsequent notice, accurately specifying the date and location of that blasting. This written notice must be given and received at least 24 hours in advance except that, in the case of an unanticipated obstruction requiring blasting, the excavator shall provide written notice not less than 4 hours in advance of that blasting. [PL 1991, c. 437, §3 (NEW); PL 1991, c. 437, §12 (AFF).] E. The excavation must commence within 30 days of notification under this subsection. If the proposed excavation or blasting is not completed 60 calendar days after notification under this subsection or the excavation or blasting will be expanded outside of the location originally specified in the notification, the excavator responsible for that excavation shall again notify the system as specified in paragraph A . [PL 2015, c. 213, §1 (AMD).] F. In the case of an excavation involving subcontractors or other arrangements in which more than one entity qualifies as the excavator under this section, the excavator directly responsible for performing the excavation shall ascertain that all notifications required by this subsection and subsections 5 , 5‑A and 10‑A are performed. [PL 2011, c. 588, §3 (AMD).] G. If an excavator notifies the system and nonmember operators as required by this section and is informed by the system and each nonmember operator, including private landowners, that no underground facilities exist in the proposed excavation area, the excavator is not required to wait the 3 days as required by this subsection and subsection 10‑A and may begin excavation immediately. [PL 2011, c. 588, §4 (AMD).] [PL 2015, c. 213, §1 (AMD).]

3-A. Notification by system. Upon receiving notice of excavation, the system shall notify immediately all members whose underground facilities may be affected. The system shall maintain adequate records to document compliance with requirements of this chapter. [PL 1991, c. 437, §4 (NEW); PL 1991, c. 437, §12 (AFF).]

3-B. Additional notification by certain utilities. In addition to providing any other notices required under this section and before commencing any excavation for the purposes of working on an underground gas transmission line, a gas utility as defined in Title 35‑A, section 102, subsection 8 or a natural gas pipeline utility as defined in Title 35‑A, section 102, subsection 10 shall provide to the fire department within whose service area the excavation will occur notice of its intent to excavate. This notice must be in writing or by telephone and must be given at least 3 business days prior to the utility commencing work. The utility may not commence work until it has received from the fire department an acknowledgment of the notice either by telephone or in writing. [PL 1991, c. 437, §4 (NEW); PL 1991, c. 437, §12 (AFF).]

3-C. Information provided to municipalities, fire departments and emergency response agencies. Each gas utility as defined in Title 35‑A, section 102, subsection 8 or natural gas pipeline utility as defined in Title 35‑A, section 102, subsection 10 shall provide maps to: A. Each municipality within which it operates gas or natural gas underground transmission facilities. These maps must clearly indicate the location and depth of all main supply underground transmission facilities located within the jurisdiction of the municipality; [PL 1991, c. 437, §4 (NEW); PL 1991, c. 437, §12 (AFF).] B. Each fire department within whose service territory it operates gas or natural gas underground transmission facilities. These maps must clearly indicate the location and depth of all main supply underground transmission facilities located within the jurisdiction of the fire department; [PL 1991, c. 437, §4 (NEW); PL 1991, c. 437, §12 (AFF).] C. Each county emergency management agency within which it operates gas or natural gas underground transmission facilities. These maps must clearly indicate the location and depth of all main supply underground transmission facilities located within the jurisdiction of the county emergency management agency; and [PL 1991, c. 437, §4 (NEW); PL 1991, c. 437, §12 (AFF).] D. The Maine Emergency Management Agency. These maps must clearly indicate the location and depth of all main supply underground transmission facilities that the utility operates in this State. [PL 1991, c. 437, §4 (NEW); PL 1991, c. 437, §12 (AFF).] The utility must provide updated maps to the appropriate entities whenever changes occur in the configuration of the utility's main supply underground facilities. [PL 1991, c. 437, §4 (NEW); PL 1991, c. 437, §12 (AFF).]

4. Operator response to notice locating facilities. An underground facility operator shall, upon receipt of the notice provided for in subsection 3‑A , advise the excavator of the location and size of the operator's underground facilities and all underground facilities used in furnishing electric or gas service that are connected to the operator's facilities, located in the public way and known to the operator in the proposed excavation area by marking the location of the facilities with stakes, paint or by other identifiable markings. The marking must identify a strip of land not more than 3 feet wide directly over the facility or a strip of land extending not more than 1 1/2 feet on each side of the underground facility and must indicate the depth of the underground facility, if known. The underground facility operator shall complete this marking no later than 2 full business days after receipt of the notice. After the underground facility operator has marked the location of that operator's underground facilities in the proposed excavation area, the excavator is responsible for maintaining the markings at the location, unless the excavator requests remarking at the location due to obliteration, destruction or other removal of the markings. The underground facility operator shall remark the location within one business day following the receipt of a request to remark. If the proposed excavation is of such length or size that the underground facility operator advises the excavator that the operator can not reasonably respond with respect to all the operator's underground facilities within 2 full business days, the excavator shall notify the operator of the specific location in which excavation will first be made and the operator shall respond with respect to the operator's underground facilities in that location within 2 full business days and for the remaining facilities within a reasonable time thereafter. The system may adopt rules requiring, under certain circumstances, face-to-face meetings between excavators and underground facility operators. [PL 2001, c. 577, §6 (AMD).]

4-A. Alternative notice by certain excavators. [PL 1999, c. 718, §4 (RP).]

4-B. Modification and revocation of clearance. [PL 1999, c. 718, §4 (RP).]

4-C. Excavation methods. An excavator may not use mechanical means of excavation when excavating within 18 inches of any marked underground facilities until the underground facilities have been exposed, except that mechanical means may be used, as necessary, for initial penetration and removal of pavement, rock or other materials requiring use of mechanical means of excavation. Once the underground facilities have been exposed, further excavation must be performed employing reasonable precautions to avoid damage to the underground facilities, including, but not limited to, any substantial weakening of structural or lateral support of the facilities or penetration or destruction of the facilities or their protective coatings. For the purposes of this subsection, "mechanical means of excavation" means excavation using any device or tool powered by an engine except air vacuum methods of excavation. [PL 1999, c. 718, §5 (NEW).]

4-D. Abandoned or inactive facilities. Beginning on the date an owner or operator of underground facilities is required by the Public Utilities Commission to implement electronic mapping, the owner or operator shall indicate the existence of facilities abandoned or inactive after that date on its electronic mapping system and shall notify an excavator when abandoned or inactive facilities exist in the area of an excavation. If an owner or operator of an underground facility does not maintain an electronic mapping system, the owner or operator shall notify the excavator if the operator is aware of abandoned or inactive facilities in the area of an excavation. [PL 2001, c. 577, §7 (NEW).]

5. Emergency excavations. In an emergency, an excavator may commence an excavation after having taken all reasonable steps, consistent with the emergency, to notify the system and to mark the excavation site consistent with subsection 3, paragraph C . The excavator shall commence an excavation undertaken pursuant to this subsection within 12 hours after providing notice to the system, or as soon thereafter as can safely be accomplished. Each underground facility operator shall locate its underground facilities as soon as reasonably possible after receiving notification of an emergency excavation whether or not the excavation has begun. [PL 2011, c. 72, §2 (AMD).]

5-A. Notice of damage. When an underground facility is damaged, the excavator causing the damage shall immediately notify the affected underground facility operator. The excavator may not backfill an excavation where damage has occurred without first receiving permission from the affected operator. [PL 1991, c. 437, §6 (NEW); PL 1991, c. 437, §12 (AFF).]

5-B. Exemption; commercial forestry operations. A person is exempt from the notice requirements of subsection 3 for any excavation undertaken in conjunction with a commercial timber harvesting activity as long as the excavation: A. Is not conducted in a public place, on public land or within a public easement, including, but not limited to, a public way; [PL 1999, c. 718, §7 (NEW).] B. Is not conducted within 100 feet of an easement or land owned by an underground facility operator; [PL 1999, c. 718, §7 (NEW).] C. Is not conducted within 100 feet of an underground facility; and [PL 1999, c. 718, §7 (NEW).] D. Does not involve the use of explosives. [PL 1999, c. 718, §7 (NEW).] [PL 2011, c. 72, §3 (AMD).]

5-C. Exemptions; written agreements. A person undertaking an excavation in conjunction with a commercial timber harvesting activity within 100 feet of an underground facility or on an easement or land owned by an underground facility operator or within 100 feet of an easement or land owned by an underground facility operator is exempt from the notice requirements of subsection 3 and from the provisions of subsection 4‑C if the person: A. Has contacted the system to determine the identity of all underground facility operators that own or operate underground facilities within the area of the excavation; [PL 1999, c. 718, §7 (NEW).] B. Has entered into written agreements with all underground facility operators owning or operating facilities in the area of the excavation and with all persons owning the land on which the excavation occurs; and [PL 1999, c. 718, §7 (NEW).] C. Undertakes the excavation in accordance with the terms of the written agreements. [PL 1999, c. 718, §7 (NEW).] [PL 1999, c. 718, §7 (NEW).]

5-D. Exemption; cemeteries. An excavator is exempt from the notice requirements of subsection 3 and subsection 10‑A for any excavation undertaken within the boundaries of a cemetery if the following procedures are followed. A. The person responsible for operating the cemetery shall provide notice pursuant to subsections 3 and 10‑A identifying the entire cemetery as a potential excavation site. Owners and operators of underground facilities within the cemetery shall mark those facilities in accordance with subsections 4 and 10‑A , as applicable. Thereafter, the person responsible for operating the cemetery shall maintain sufficient records or markings to identify the location of underground facilities within the cemetery. [PL 2011, c. 588, §5 (AMD).] B. The person responsible for operating the cemetery shall identify the location of any underground facilities within the excavation area and take appropriate action to avoid damage to the facilities. [PL 2001, c. 577, §8 (NEW).] [PL 2011, c. 588, §5 (AMD).]

5-E. Shoulder-grading procedure. An excavator that is a licensing authority as defined by Title 35‑A, section 2502, subsection 1 or its designee may be exempt from subsection 4‑C for any excavation that is shoulder-grading activity if the excavator complies with this subsection. If an excavator chooses to excavate under this subsection, all owners of underground facilities within the area of excavation must comply with this subsection. A. The excavator shall provide notice as required by subsections 3 and 10‑A and the owner or operator of underground facilities shall respond as required by subsections 4 and 10‑A . [PL 2011, c. 588, §6 (AMD).] B. The excavator shall contact each owner or operator of underground facilities within the area of proposed shoulder-grading activity and describe the scope of its proposed shoulder-grading activity, including the anticipated depth of grading. [PL 2001, c. 577, §8 (NEW).] C. The owner or operator of each underground facility shall within 3 business days determine and notify the excavator whether the depth of its facility is sufficient to avoid damage. [PL 2001, c. 577, §8 (NEW).] D. After receipt of notice provided pursuant to paragraph C , the excavator may commence its shoulder-grading activity in a manner that does not disturb the facilities indicated by the owners or operators of the underground facilities or, if a facility is located at an insufficient depth to allow the proposed shoulder-grading activity, prior to the shoulder-grading activity the licensing authority may require the owner or operator of the underground facility to lower or otherwise move its facility in accordance with applicable law and the terms of its license. [PL 2001, c. 577, §8 (NEW).] [PL 2011, c. 588, §6 (AMD).]

5-F. Water well construction; rulemaking. The Public Utilities Commission shall by rule establish notice requirements for excavation associated with drinking water well construction. In establishing the rule, the commission shall consider: A. Whether notice requirements established in the rule should be limited to the drilling of a well or should also apply to other excavation associated with well construction activities, such as trenching for installation of pipes and equipment; [PL 2003, c. 373, §3 (NEW).] B. Whether notice requirements established in the rule should be based on factors such as geographic location, population density or other criteria bearing on the efficiency and effectiveness of the notification process and any offsetting public safety risks; [PL 2003, c. 373, §3 (NEW).] C. Whether the amount of time required for notice prior to excavation should be reduced; and [PL 2003, c. 373, §3 (NEW).] D. Any notice requirements associated with drinking water well construction that the commission determines appropriate. [PL 2003, c. 373, §3 (NEW).] Rules adopted pursuant to this subsection are major substantive rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2003, c. 373, §3 (NEW).]

5-G. Alternative notice requirement procedures for excavations; rulemaking. The Public Utilities Commission may by rule extend alternative notice requirements established for excavation associated with drinking water well construction pursuant to subsection 5‑F to other types of excavation. Rules adopted under this subsection are major substantive rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2005, c. 334, §1 (NEW).]

5-H. Newly installed underground facilities in active excavation areas; rulemaking. The Public Utilities Commission shall by rule establish procedures to reduce the incidence of damage to newly installed underground facilities in active excavation areas as defined by the commission by rule. In establishing the rule, the commission may consider adopting additional requirements for excavators or operators, including renotification and marking requirements and system notification procedures. Rules adopted pursuant to this subsection are major substantive rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2005, c. 334, §1 (NEW).]

5-I. Exemption; quarries and borrow pits. An excavator may undertake an excavation within a quarry or borrow pit in accordance with this subsection. A. As used in this subsection, unless the context otherwise indicates, the following terms have the following meanings. (1) "Lawfully expanded after March 1, 2011" means an expansion of a quarry or borrow pit after March 1, 2011: (a) That requires an authorization, license, permit or variance issued by the Department of Environmental Protection pursuant to Title 38, chapter 3, article 6 , 7 or 8‑A or by the former Maine Land Use Regulation Commission or the Maine Land Use Planning Commission under Title 12, chapter 206‑A and for which a valid authorization, license, permit or variance has been issued; or (b) That requires a filing of a notice of intent to comply pursuant to Title 38, chapter 3, article 7 or 8‑A and a complete filing has been made. (2) "Lawfully located on March 1, 2011" means that on March 1, 2011 the quarry or borrow pit existed and: (a) The owner or operator had been issued all authorizations, licenses, permits or variances by the Department of Environmental Protection pursuant to Title 38, chapter 3, article 6 , 7 or 8‑A or by the former Maine Land Use Regulation Commission under Title 12, chapter 206‑A necessary to operate that quarry or borrow pit; and (b) The quarry or borrow pit was in compliance with any applicable requirements of Title 38, chapter 3, article 7 or 8‑A or with any applicable land use district standards of the former Maine Land Use Regulation Commission adopted under Title 12, chapter 206‑A . (3) "Lawfully located after March 1, 2011" means that the quarry or borrow pit is established after March 1, 2011 and: (a) The owner or operator possesses all authorizations, licenses, permits or variances issued by the Department of Environmental Protection pursuant to Title 38, chapter 3, article 6 , 7 or 8‑A or by the former Maine Land Use Regulation Commission or the Maine Land Use Planning Commission under Title 12, chapter 206‑A necessary to operate that quarry or borrow pit; and (b) The quarry or borrow pit is in compliance with the requirements of Title 38, chapter 3, article 7 or 8‑A or with applicable land use district standards of the former Maine Land Use Regulation Commission or the Maine Land Use Planning Commission adopted under Title 12, chapter 206‑A . (4) "Quarry" has the same meaning as in Title 38, section 490‑W, subsection 17 . [PL 2013, c. 405, Pt. B, §4 (AMD).] B. Except as provided in paragraph C , an excavator is exempt from the notice requirements of subsection 3 and subsection 10‑A when undertaking an excavation within a quarry or borrow pit lawfully located on March 1, 2011. [PL 2011, c. 588, §7 (AMD).] C. An excavator undertaking an excavation within a quarry or borrow pit lawfully located after March 1, 2011 or lawfully expanded after March 1, 2011 is governed by the following. (1) The owner or operator of the quarry or borrow pit shall provide notice pursuant to subsections 3 and 10‑A identifying the entire area potentially subject to excavation. (2) Owners and operators of underground facilities in the area identified pursuant to subparagraph (1) shall mark those facilities in accordance with subsections 4 and 10‑A , as applicable. Thereafter, the owner or operator of the quarry or borrow pit shall maintain sufficient records or markings to identify the location of underground facilities within the area identified pursuant to subparagraph (1) and an excavator undertaking an excavation in that area is exempt from any further notice requirements under subsection 3 and subsection 10‑A . (3) The owner or operator of the quarry or borrow pit shall take appropriate action to avoid damage to the underground facilities identified pursuant to subparagraph (2) . [PL 2011, c. 588, §7 (AMD).] [PL 2013, c. 405, Pt. B, §4 (AMD).]

5-J. Unpaved public road grading procedure. A person may undertake qualified grading activity in accordance with this subsection. A. As used in this subsection, unless the context otherwise indicates, the following terms have the following meanings. (1) "Approved road" means a public way, or portion of a public way, on which a person may undertake qualified grading activity in accordance with this subsection. (2) "Licensing authority" has the same meaning as in Title 35‑A, section 2502, subsection 1 . (3) "Qualified grading activity" means maintenance work that involves the use of suitable equipment with a blade to level or otherwise maintain the sand, gravel, sod or other surface of an unpaved public way. (4) "Requested road" means a public way, or portion of a public way, on which a licensing authority requests authority to conduct qualified grading activity under this subsection. (5) "Shallow-depth facilities" means underground facilities located at an insufficient depth to allow qualified grading activity. [PL 2011, c. 72, §5 (NEW).] B. A licensing authority shall provide notice identifying the requested road and the intended depth of the qualified grading activity to the system and to persons who are not members of the system who own or operate underground facilities in the requested road. [PL 2011, c. 72, §5 (NEW).] C. Upon receiving notice pursuant to paragraph B , the system shall notify immediately all members whose underground facilities may be affected in accordance with subsection 3‑A . [PL 2011, c. 72, §5 (NEW).] D. The owner or operator of each underground facility within the requested road shall within 3 business days of receiving notice advise the licensing authority of the location and size of the owner's or operator's underground facilities and all underground facilities used in furnishing electric or gas service that are connected to the owner's or operator's facilities and known to the owner or operator that are located in the requested road and whether the depth of the facilities is sufficient to avoid damage by qualified grading activity. [PL 2011, c. 72, §5 (NEW).] E. After waiting 3 business days of providing notice under paragraph B , the licensing authority may file with the Public Utilities Commission a notice of intent to conduct qualified grading activity on the requested road. Upon filing the notice of intent, the requested road becomes an approved road and any person may undertake qualified grading activity on the approved road at any time during the 12 months following filing of the notice of intent and is not required to provide any further notices under this section during those 12 months. If the licensing authority has been notified pursuant to paragraph D that there are shallow-depth facilities within the requested road, any qualified grading activity must be conducted in a manner that does not disturb the shallow-depth facilities. The licensing authority may require the owner or operator of the shallow-depth facilities to lower or otherwise move its facility in accordance with applicable law and the terms of its license. [PL 2011, c. 72, §5 (NEW).] [PL 2011, c. 72, §5 (NEW).]

5-K. Exemption; unpaved private road grading. A person is exempt from the requirements of this section for any grading activities undertaken on private roads that meet the following criteria: A. The grading activities are limited to the shaping, maintaining or scraping of a road surface or road shoulder to allow for proper drainage; and [PL 2011, c. 588, §8 (NEW).] B. The depth of the grading activities is no deeper than 6 inches as measured from the road surface or shoulder of the road surface prior to the commencement of those grading activities. [PL 2011, c. 588, §8 (NEW).] [PL 2011, c. 588, §8 (NEW).]

6. Liability of excavator. If an excavator complies with subsection 3 and if information pursuant to subsections 3‑A and 4 is not provided within the time specified or if the information provided fails to identify the location of the underground facilities in accordance with subsection 4 then an excavator damaging or injuring underground facilities is not liable for any damage or injury caused by the excavation, except on proof of negligence. [PL 1999, c. 718, §8 (AMD).]

6-A. Forfeitures. [PL 1999, c. 718, §9 (RP).]

6-B. Failure to notify. An excavation that is made without the excavator providing any or all of the notices required by this section that results in any damage to an underground facility or facilities is prima facie evidence in any civil or administrative proceeding that the damage was caused by the negligence of the excavator. [PL 1999, c. 718, §10 (AMD).]

6-C. Penalties. In an adjudicatory proceeding, the Public Utilities Commission may, in accordance with this subsection, impose an administrative penalty on any person who violates this subsection. The administrative penalty may not exceed $1,000, except that, if the person has been found in violation of this subsection within the prior 12 months, the administrative penalty may not exceed $10,000. Administrative penalties imposed pursuant to this subsection are in addition to any other remedies or forfeitures provided by law and any liability that may result from the act or omission constituting the violation. Before imposing any penalties under this subsection, the commission shall consider evidence of the record of the violator, including, to the extent applicable, the number of successful excavations undertaken by the violator or the number of locations successfully marked by the violator during the prior 12 months. The commission may require a person who violates any provision of this section to participate, at the expense of the violator, in an educational program developed and conducted by the system. The Public Utilities Commission may impose administrative penalties for any of the following violations: A. Failure of an excavator to give notice of an excavation as required under subsection 3 , except to the extent the excavator is exempt from the provisions of subsection 3 pursuant to other provisions of this section; [PL 1999, c. 718, §11 (NEW).] B. Excavation by an excavator in a reckless or negligent manner that poses a threat to an underground facility; [PL 1999, c. 718, §11 (NEW).] C. Excavation by an excavator that does not comply with the requirements of subsection 4‑C , except to the extent the excavator is exempt from the provisions of subsection 4‑C pursuant to subsection 5‑C ; [RR 1999, c. 2, §27 (COR).] D. Failure of an underground facility operator to mark the location of the operator's underground facilities within the time limits required by subsection 4 ; [PL 2001, c. 577, §9 (AMD).] E. Marking by an underground facility operator of the location of an underground facility in a reckless or negligent manner; or [PL 2001, c. 577, §10 (AMD).] F. Failure of an excavator to comply with the requirements of subsection 5‑C , 5‑D , 5‑E , 5‑I or 5‑J . [PL 2011, c. 72, §6 (AMD).] The commission shall establish by rule standards for when and at what level penalties must be assessed under this subsection. Rules adopted under this subsection are major substantive rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2019, c. 592, §2 (AMD).]

6-D. Penalty payment plan. The Public Utilities Commission shall allow a qualified person who is assessed an administrative penalty under subsection 6‑C to pay the penalty through a payment plan. For purposes of this subsection, "qualified person" means a person who demonstrates to the Public Utilities Commission that the person is unable to pay the penalty in full or that paying the penalty in full will cause undue financial hardship. The Public Utilities Commission shall establish a schedule of payments over time that allows the person to pay the fine within that person's financial means. [PL 2011, c. 72, §7 (NEW).]

7. Imprudent action. Compliance with this section does not excuse a person from acting in a careful and prudent manner nor does compliance with this section excuse a person from liability for damage or injury for failure to so act. [PL 1979, c. 362, §2 (NEW).]

8. Effect on existing statutes or ordinances. Nothing contained in this section shall be construed to effect or impair any statute or ordinance requiring permits for excavation in a street or public highway. [PL 1979, c. 362, §2 (NEW).]

9. Exceptions. [PL 1991, c. 437, §9 (RP); PL 1991, c. 437, §12 (AFF).]

10. Further notice requirements. [PL 2011, c. 588, §10 (RP).]

10-A. Further notice requirements. The following provisions govern excavations in areas where there are underground facilities owned or operated by a person who is not an underground facility operator and who is not a voluntary member of the system established under subsection 1‑A . A. In addition to other notice requirements under this section and except for an employee with respect to that employee's employer's facility, an excavator shall notify any person who is not a member of the system and has underground facilities in the area of the proposed excavation. This notice must be in writing or in person. [PL 2011, c. 588, §11 (NEW).] B. If the underground facilities are located on private property, provide service to a single-family residence and are owned and operated by the owner of that property: (1) That landowner may mark the underground facilities in accordance with paragraph D ; (2) The excavator may wait 3 business days from the date of notification to commence the excavation or may commence the excavation upon notification; (3) If the excavator waits 3 business days from the date of notification or until after the underground facilities are marked, if sooner, to commence excavation or if the markings made by the landowner pursuant to subparagraph (1) fail to identify the location of the underground facilities in accordance with paragraph D , an excavator damaging or injuring underground facilities is not liable for any damage or injury caused by the excavation, except on proof of negligence; and (4) If the excavator does not wait until the underground facilities are marked or 3 business days from the date of notification to commence excavation, whichever occurs earlier, the excavator is liable for all damages to the underground facilities as a result of the excavation. [PL 2013, c. 557, §2 (AMD).] C. If the underground facilities are located on private or public land and are owned and operated by a person other than the owner of the property where the excavation is to occur: (1) The person who owns or operates the underground facilities shall mark the underground facilities in accordance with paragraph D ; and (2) The excavator shall wait until the underground facilities are marked or 3 business days from the date of notification, whichever occurs earlier, before commencing the excavation. If an excavator complies with paragraph A and subparagraph (2) and if information pursuant to paragraph D is not provided within the time specified or if the information provided does not identify the location of the underground facilities in accordance with paragraph D , an excavator damaging or injuring underground facilities is not liable for any damage or injury caused by the excavation, except on proof of negligence. [PL 2011, c. 588, §11 (NEW).] D. A person who marks underground facilities under this subsection shall mark the location and size of the underground facilities in the proposed excavation area by marking the location of the facilities with stakes, with paint or by any other identifiable markings within 36 inches horizontally from the exterior sides of the underground facilities and if the depth is known the depth of the underground facilities. The person providing information shall respond no later than 2 full business days after receipt of the notice. It is the responsibility of the excavator to maintain those location markings until the excavations are completed. [PL 2011, c. 588, §11 (NEW).] [PL 2013, c. 557, §2 (AMD).]

10-B. Calling 9-1-1. If contact with or damage to an underground pipe or another underground facility results in the escape of any natural gas or other hazardous substance or material regulated by the United States Department of Transportation, Pipeline and Hazardous Materials Safety Administration, the excavator shall immediately report the contact or damage by calling 9-1-1. [PL 2019, c. 322, §1 (NEW).]

11. Enforcement. The Public Utilities Commission may adopt procedures necessary and appropriate to gather information and hear and resolve complaints concerning failure to comply with the provisions of this section. [PL 1999, c. 718, §12 (RPR).]

12. Injunctions; costs. The owner or operator of an underground facility may request that the Public Utilities Commission issue a cease and desist order to prevent a person from undertaking an excavation that may result in damage to the underground facility. The Public Utilities Commission may issue a cease and desist order if the commission determines that the excavation or proposed excavation: A. Is being conducted or is likely to be conducted in a negligent or unsafe manner; and [PL 1997, c. 229, §2 (NEW).] B. Is causing or is likely to cause damage to the underground facility. [PL 1997, c. 229, §2 (NEW).] If the owner or operator prevails in an action brought pursuant to this subsection, the owner or operator is entitled to an award of the costs of bringing the action, including reasonable attorney's fees. [PL 2003, c. 505, §4 (AMD).]

13. Rules. The Public Utilities Commission may adopt rules necessary to implement this section. Except as otherwise specified in this section, rules adopted under this section are major substantive rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2005, c. 334, §3 (NEW).]

14. Discovered facilities. When an underground facility is discovered during an excavation and the location of that facility was, prior to the discovery, unknown or unclear to the underground facility operator, the Public Utilities Commission may direct that operator to determine and map the location of the facility for a reasonable distance, as determined by the commission, from the point of discovery. [PL 2005, c. 334, §3 (NEW).]
23 M.R.S. § 7311 — ME Code / Title 23 / Part 7 / Chapter 619 / Section 7311
23 §7311. Investigation and reports of accidents
Status: in_force

1. Investigation. The Commissioner of Transportation shall investigate all accidents resulting in loss of human life, or personal injury requiring 3 full days of hospitalization, occurring upon the premises of any railroad company or directly or indirectly arising from or connected with its maintenance or operation. Any accident so occurring and which results in property damage or personal injury that requires less than 3 full days of hospitalization also may be investigated if, in the judgment of the commissioner, the public interest requires it. The commissioner may hold hearings in connection with any investigation and shall reasonably notify the railroad company of the time and place of the hearing, and the railroad company may then be heard and the commissioner shall have the power to make such order or recommendation with respect thereto as deemed just and reasonable. [PL 1989, c. 398, §9 (NEW).]

2. Reports of accidents. Every railroad company is required to file with the Commissioner of Transportation, under such rules as the commissioner may prescribe, reports of accidents so occurring, in the manner and form designated by the commissioner. In case of accidents resulting in loss of human life, such reports shall be made immediately by telephone or telegraph, followed by a detailed written report. [PL 1989, c. 398, §9 (NEW).]

2-A. State, county, municipal notice. In the event of a main line train derailment involving hazardous materials, a railroad company shall make a 9-1-1 call, as defined in Title 25, section 2921, subsection 17 , to alert first responders, including municipal and county fire chiefs in the jurisdiction, and provide timely notice to the Department of Public Safety, the Department of Environmental Protection and the Maine Emergency Management Agency. The Maine Emergency Management Agency may notify the Department of Transportation and the municipal and county fire chiefs located within the affected area of the accident. [PL 2023, c. 618, §4 (NEW).]

2-B. Public notice. In the event of a main line train derailment involving hazardous materials, the Maine Emergency Management Agency shall, if requested by a municipal or county fire chief serving as incident commander, issue an alert through an emergency alert system or wireless emergency alert system for the area identified by the incident commander. [PL 2023, c. 618, §5 (NEW).]

2-C. Failure to issue notice. If a railroad company fails to provide timely notice as required under subsection 2‑A , the Commissioner of Transportation may assess a fine up to $25,000 per failed notice per day in the event of a main line train derailment involving hazardous materials. [PL 2023, c. 618, §6 (NEW).]

3. Disposition of reports. The orders and recommendations of the Department of Transportation, and accident reports and all other materials in the department's file pertaining to such railroad company accidents, shall be made available, upon request, to the railroad company, the injured person or their representatives. [PL 1989, c. 398, §9 (NEW).]

4. Reports inadmissible as evidence. The orders and recommendations of the Department of Transportation, accident reports and any other material in the department's file pertaining to such accidents obtained or prepared pursuant to an investigation under this section shall not be admitted as evidence in any suit or action for damages growing out of any matter mentioned in any such investigation. [PL 1989, c. 398, §9 (NEW).]

5. Routine inspections. Upon request of the Commissioner of Transportation, a railroad company shall submit reports of inspections conducted pursuant to federal agency requirements under 49 Code of Federal Regulations, Subtitle B, Chapter II by a railroad company of trains, rails, rail safety equipment and rail corridors. Records under this subsection are not public records pursuant to Title 1, section 402, subsection 3, paragraph U . [PL 2023, c. 618, §7 (NEW).]
23 M.R.S. § 154 — ME Code / Title 23 / Part 1 / Chapter 3 / Section 154
23 §154. Condemnation proceedings
Status: in_force

If the department determines that public exigency requires the taking of property or any interest in property, or is unable to purchase a property or any interest in a property, or the necessary ways and access to a property at what it considers a reasonable valuation, or if the title in a property is defective, it shall file in the registry of deeds for the county or registry district where the land is located a notice of condemnation which must contain a description of the project specifying the property and the interest taken and the name or names of the owner or owners of record so far as they can be reasonably determined. The department may prescribe procedures for the reasonable determination of the owner or owners of record. The department may join in the notice one or more separate properties whether in the same or different ownership and whether or not taken for the same use. [PL 1997, c. 272, §2 (AMD).]

The department shall serve a check in the amount of the determined net damage and offering price and a copy of the notice of condemnation on the owner or owners of record. In case there is multiple ownership, the check may be served on any one of the owners. With that copy the department must serve on each individual owner of record a copy of that part of the plan as relates to the particular parcel or parcels of land taken from that owner and a statement by the department with respect to the particular parcel or parcels of land taken from that owner which must: [PL 1997, c. 272, §2 (AMD).]

1. Date of proposed possession. State the proposed date of taking possession; [PL 1981, c. 470, Pt. A, §125 (AMD).]

2. Compensation involving severance damage. Where the department appraisals disclose severance damages, state the amount of compensation itemized in accordance with the department's determination of the following elements of damage: A. The highest and best use of the property at the date of taking; B. The highest and best use of the property remaining after the taking; C. The fair market value of the property before the taking; D. The fair market value of the property after the taking; E. The gross damage, showing separately: (1) The fair market value of the real property taken; and (2) Severance damages including the impairment or destruction of facilities and structures; [PL 1981, c. 470, Pt. A, §126 (AMD).] F. Special benefits, accruing to the remaining property by reason of the public improvement for which part of the property is taken, to be set off against severance damages; [PL 1975, c. 431, §4 (AMD).] G. The net damage showing separately: (1) The fair market value of the real property taken; (2) The amount of severance damages in excess of special benefits; and (3) The offering price; [PL 1997, c. 272, §2 (AMD).] H. If the offer is not acceptable and the State cannot negotiate an agreement on the amount of just compensation within 60 days from the date of taking, the owner may apply to the department within said 60 days and have the matter referred to the State Claims Commission for assessment of the damage. Acceptance and cashing this check will not jeopardize negotiation and will not be construed as acceptance of the offer; and [PL 1987, c. 395, Pt. A, §94 (AMD).] I. Enclosed Check No.: ...... Amount: $ ....... Payable to: ................. Sent to: ................ [PL 1997, c. 272, §2 (AMD).]

3. Compensation not involving severance damage. Where the department appraisals disclose no severance damages, state the amount of compensation itemized in accordance with the department's determination of the following elements of damage: A. The highest and best use of the property at the date of taking; B. [PL 1975, c. 431, §6 (RP).] C. The fair market value of the real property taken as of the date of taking; [PL 1975, c. 431, §7 (AMD).] D. [PL 1975, c. 431, §8 (RP).] E. Offering price; [PL 1975, c. 431, §9 (RPR).] F. The check represents the State's offer of just compensation. If the offer is not acceptable and the State cannot negotiate an agreement on the amount of just compensation within 60 days from the date of taking, the owner may apply to the department within the 60 days and have the matter referred to the State Claims Commission for assessment of the damage. Acceptance and cashing this check will not jeopardize negotiation and will not be construed as acceptance of the offer; and [PL 1997, c. 272, §2 (AMD).] G. Enclosed Check No.: ...... Amount: $ ....... Payable to: ................. Sent to: ................ [PL 1997, c. 272, §2 (AMD).]

4. Compensation in cases involving the facilities of a public utility. Where the condemnation involves the taking of established rights and facilities owned by a public utility and located outside of an established highway right-of-way, no statement by the department as provided above may be sent to the public utility concerned. In any negotiations for an agreement with such public utility with regard to such rights and facilities, the department shall consider, without being limited to, the following elements of damage: A. Relocation costs, which must include the cost of acquisition of substitute rights and the cost of establishing either existing or substitute facilities in a new location; [PL 1997, c. 272, §2 (AMD).] B. The salvage value of facilities removed; C. Cost of removal; and [PL 1981, c. 470, Pt. A, §129 (AMD).] D. The value of betterments where the function of the substitute facilities exceeds the function of the replaced facilities. [PL 1981, c. 470, Pt. A, §129 (AMD).] [PL 1997, c. 272, §2 (AMD).]

Service of the notice of condemnation with a copy of the plan, check and the statement by the department must be made by registered or certified mail or by personal service as required for service of a summons on a complaint in the Superior Court. A notice describing the condemnation must be published once in a newspaper of general circulation in the county where the property is located and such publication constitutes service on any unknown owner or owners or other persons who may have or claim an interest in the property. The notice must consist of an area map depicting the general location of the property interests to be condemned and such other information as the department determines will sufficiently identify the area in which the property interests are to be taken; an informative summary listing the parcel or item numbers to be condemned, the name of the apparent owner or owners of record of the property interests, the estimated areas to be condemned and the nature of the interests to be condemned; and a location at which the complete notice of layout and taking may be examined. [PL 1997, c. 272, §2 (AMD).]

If such owner is a person under the age of 18 years, or an incompetent person, the commission shall cause such notice and check to be served upon the legal guardian of such person or incompetent. If there is no such guardian, then the department shall apply to the judge of probate for the county wherein the property is situated, briefly stating the facts and requesting the appointment of a guardian. The reasonable fee of such guardian as approved by the court must be paid by the department. [PL 1997, c. 272, §2 (AMD).]

In case there is a mortgage, tax lien of record or other encumbrance covering any of said land, a copy of the notice of condemnation must be sent forthwith by registered or certified mail to the holder of record of said mortgage, tax lien or other encumbrance addressed to the holder's office or place of abode if known, otherwise to the office, abode or address as set forth in said record. [PL 1997, c. 272, §2 (AMD).]

The recording of the notice of condemnation is the date of taking and vests title to the property therein described in the State in fee simple or such lesser state as is specified in the notice of condemnation. Within one year after the completion of the project for which the land is taken, the department shall file a plan for recording in the registry of deeds for the county or registry district where the land is located. [PL 1997, c. 272, §2 (AMD).]

If a condemnation proceeding is instituted and then abandoned, the owner of any right, title or interest in any real property included in said proceeding must be reimbursed by the department for reasonable attorney, appraisal and engineering fees, actually incurred because of the condemnation proceedings. [PL 1997, c. 272, §2 (AMD).]
23 M.R.S. § 7082 — ME Code / Title 23 / Part 7 / Chapter 613 / Section 7082
23 §7082. Payment of loan
Status: in_force

A city or town raising money by loan or under authority conferred by special Act of the Legislature shall raise and pay or fund besides the interest, each year after the third, not less than 3% of the principal. Any city or town receiving money, bonds, certificates of indebtedness or other evidence of debt in consideration of exchange, release or sale of its securities held to indemnify the city or town for having loaned its credit or issued its bonds in aid of any railroad shall hold that money, bonds, certificates of indebtedness or other evidence of debt, or the proceeds thereof as a trust fund to liquidate the outstanding liabilities so long as they may continue. [PL 1987, c. 141, Pt. A, §4 (NEW).]
23 M.R.S. § 7011 — ME Code / Title 23 / Part 7 / Chapter 611 / Section 7011
23 §7011. Injuring or tampering with signals
Status: in_force

Whoever intentionally and without right injures, destroys or molests any signal of a railroad corporation, or any line, wire, post, lamp or other structure or mechanism used in connection with any signal on a railroad or destroys, or in any manner interferes with the proper working of, any signal on a railroad, shall be punished by a fine of not more than $500 or by imprisonment for not more than 2 years. [PL 1987, c. 141, Pt. A, §4 (NEW).]
23 M.R.S. § 154-E — ME Code / Title 23 / Part 1 / Chapter 3 / Section 154-E
23 §154-E. Improvement
Status: in_force

Payment to tenants of record shall be made by the department pursuant to this section for any building, structure or other improvement which is owned by the tenant. The tenant shall be paid the fair market value which the building, structure or improvement contributes to the fair market value of the real property to be acquired, or its salvage value, whichever is greater. No payment may be made unless, prior to condemnation, the owner of the land involved disclaims in writing to the department all interest in the tenant's improvement, and the department determines that the improvement qualifies for payment. In consideration for any such payment, the tenant shall assign, transfer and release to the department all rights, title, and interest in and to the improvements. The department shall not make any payment under this section which it determines would result in duplication of any payment otherwise authorized by this Title. [PL 1989, c. 208, §3 (RPR).]

For the purpose of determining the just compensation to be paid for any acquired building, structure or other improvement, that building, structure or other improvement shall be deemed to be part of the real property, notwithstanding the right or obligation of a tenant, as against the owner of any other interest in the real property, to remove that building, structure or improvement at the expiration of the term of the lease. [PL 1989, c. 208, §3 (RPR).]

Nothing in this section may be construed to deprive the tenant of any rights to reject payment under this section and to obtain payment for the property interests in accordance with applicable law other than this section. [PL 1989, c. 208, §3 (NEW).]
23 M.R.S. § 7202 — ME Code / Title 23 / Part 7 / Chapter 617 / Section 7202
23 §7202. Location of railroad crossings; expense; appeals
Status: in_force

Town ways and highways may be laid out across, over or under any railroad track or through or across any land or right-of-way of any railroad corporation, if the Department of Transportation, after notice and hearing, so determines. The Department of Transportation may refuse its permission or grant permission on terms and conditions as it may prescribe, and the need, if any, for installation, maintenance and operation of signals, gates or other protective measures and may determine whether the expense of building and maintaining so much of the way as is within the limits of the railroad corporation shall be borne by the corporation or by the municipality in which the way is located or by the State, or the Department of Transportation may apportion the expense between the railroad corporation and the municipality or State. The expense of operating and maintaining any protective device shall be borne by the corporation operating the railroad. The expense of installing protective devices at crossings on state and state aid highways shall be apportioned between the railroad corporation and the State as the Department of Transportation shall determine. The expense of installing protective devices at crossings on town ways shall be apportioned between the railroad corporation and the municipality as the department shall determine. The Department of Transportation shall report its determinations and decisions, file the same in its principal office at Augusta and send copies by mail or otherwise to each of the parties subject to the determination, order or decision. Determinations, orders or decisions shall be final and binding on all parties unless an appeal from any determination, order or decision shall be taken to the Superior Court in the county where the crossing is located. The Department of Transportation shall be made a party in the appeal. The appellant shall, within 14 days from the date of the filing of the determination, order or decision, file in the office of the department its reasons for appeal and shall cause to be served on any other interested parties a copy of the reasons for appeal certified by the department. The presiding Justice shall make an order or decree on the appeal as law and justice may require. An appeal may be taken to the law court as in other actions. The final adjudication shall be recorded as provided in section 7204 and a copy of the final decision sent to the Department of Transportation. Costs may be taxed and allowed to either party at the discretion of the court. [PL 1989, c. 398, §8 (NEW).]
23 M.R.S. § 6074 — ME Code / Title 23 / Part 7 / Chapter 609 / Section 6074
23 §6074. Oath of office
Status: in_force

Each policeman so appointed and commissioned shall, before entering upon the duties of his office, take an oath of office administered by the Commissioner of Public Safety. [PL 1987, c. 141, Pt. A, §4 (NEW).]
23 M.R.S. § 2057 — ME Code / Title 23 / Part 2 / Chapter 203 / Section 2057
23 §2057. -- estimation and award
Status: in_force

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 be allowed to the owners of reversions and remainders and to tenants for life and for years in proportion to their interests in the estate taken. Said commissioners shall not order such damages to be paid, nor shall any right thereto accrue to the claimant, until the land over which the highway or alteration is located has been entered upon and possession taken for the purpose of construction or use. [PL 1975, c. 711, §§ 2, 3 (AMD).]
23 M.R.S. § 5172 — ME Code / Title 23 / Part 7 / Chapter 605 / Section 5172
23 §5172. Redemption by stockholders of old corporation
Status: in_force

When a prior mortgage is redeemed, any number of the stockholders of the old corporation may redeem it within 2 years thereafter by paying to the trustees of the subsequent mortgage the amount paid, with 10% interest, and the amount secured by the subsequent mortgage due to those who had contributed to redeem the prior mortgage, after deducting the net earnings of the road or adding the net deficiencies, if operated by the trustees of the subsequent mortgage. The stockholders may demand of the trustees an accurate account of the receipts and expenditures and amount due on the mortgage and have the same remedies for a failure as in case of mortgages of real estate. After the redemption, the redeeming stockholders have all the rights of those from whom they redeemed. [PL 1987, c. 141, Pt. A, §4 (NEW).]
23 M.R.S. § 7213 — ME Code / Title 23 / Part 7 / Chapter 617 / Section 7213
23 §7213. Crossings kept open part of year; expense apportioned
Status: in_force

Each temporary crossing shall be kept open only during the time each year as the parties interested in the crossing may agree on, or as the Department of Transportation may specify in cases where the department directs the crossings to be established. When the department directs any temporary crossing to be established, it shall determine who shall bear the expense of establishing and maintaining the crossing and it may, if it sees fit, apportion the expense between the railroad company and the person or persons who have petitioned for the crossing. The expense of the crossing signs and the planking between the rails shall in any event be borne by the railroad company. [PL 1989, c. 398, §8 (NEW).]
23 M.R.S. § 5123 — ME Code / Title 23 / Part 7 / Chapter 605 / Section 5123
23 §5123. Railroad tickets; cancellation and exchange
Status: in_force

Section 5122 shall not prevent railroad corporations from establishing necessary rules and regulations for the cancellation of tickets and exchange of partially used tickets, but the rules and regulations shall be publicly posted at each ticket office and on all passenger trains and, when practicable, printed upon the tickets. Any ticket or check given in exchange for the unused portion of a partially used ticket continues in force for the full term of the original ticket, as provided in section 5122 . [PL 1987, c. 141, Pt. A, §4 (NEW).]
23 M.R.S. § 3706 — ME Code / Title 23 / Part 3 / Chapter 315 / Section 3706
23 §3706. Fines collected by assessment as taxes
Status: in_force

When a fine is imposed on a town under sections 3701 to 3704 , the clerk of the court shall certify it forthwith to the assessors, who shall assess the amount thereof as other town taxes, certify the same to said clerk and cause the amount to be collected by their collector, who shall pay the same to such agent at such time as the court orders. If not paid by that time, the clerk on application of such agent shall issue a warrant for its collection, as the Treasurer of State may do for the collection of a state tax.
23 M.R.S. § 7225 — ME Code / Title 23 / Part 7 / Chapter 617 / Section 7225
23 §7225. Damages; municipality and State to share
Status: in_force

If any person claims damages on account of any such act done under sections 7223 and 7224 , the person may, within 2 years after the doing of any act, petition the Department of Transportation to assess damages and the department, after reasonable notice to the petitioner and to the interested municipality and, after hearing, shall award a sum as seems proper as damages to be paid by the municipality where the property is located. On proper proof of any payment, the Governor shall cause 1/2 of the payment to be paid by the State to the municipality. [PL 1989, c. 398, §8 (NEW).]
23 M.R.S. § 704-A — ME Code / Title 23 / Part 1 / Chapter 13 / Section 704-A
23 §704-A. Traffic movement permit
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Department" means the Department of Transportation. [PL 1999, c. 468, §2 (NEW).] A-1. "High-speed rural arterial highway" means an arterial highway as defined in section 704 that is not located in the urban compact area of an urban compact municipality as described in section 754 and where the posted speed limit at the time of the application for a traffic movement permit is 40 miles per hour or greater. [PL 2003, c. 363, §1 (NEW).] B. "Passenger car equivalents at peak hour" means the number of passenger cars or, in the case of nonpassenger vehicles, the number of passenger cars that would be displaced by nonpassenger vehicles at that hour of the day during which the traffic volume generated by the development is higher than the volume during any other hour of the day. For purposes of this paragraph, one tractor-trailer combination is the equivalent of 2 passenger cars. [PL 1999, c. 468, §2 (NEW).] C. "Project" includes any construction, alteration or conversion of a building, or any development of state or regional significance that may substantially affect the environment as defined in Title 38, section 482, subsection 2 . [PL 1999, c. 468, §2 (NEW).] D. "Traffic demand management techniques" means measures taken to reduce or spread peak hour traffic over a longer period of time. Such measures include, but are not limited to, on-site facilities or on-site design considerations to support local, regional or state bicycle, pedestrian, passenger rail, transit and ride-sharing efforts or plans. The department may not require operational support of passenger transportation systems or require parking management strategies of the permit applicant. [PL 2003, c. 363, §2 (NEW).] [PL 2003, c. 363, §§1, 2 (AMD).]

2. Permit. A traffic movement permit must be obtained from the department for any project that generates 100 or more passenger car equivalents at peak hour. A person receiving a permit under this section is not required to obtain a permit pursuant to section 704 . A. For any project that generates 100 or more passenger car equivalents at peak hour, the person responsible for the project is required to make adequate provision for traffic movement of all types into and out of the project area. Before issuing a permit, the department shall determine that any traffic increase attributable to the proposed project will not result in unreasonable congestion or unsafe conditions on a road in the vicinity of the proposed project. [PL 1999, c. 468, §2 (NEW).] B. The department, together with the appropriate representative of the municipality or municipalities where the project is located, shall discuss with the applicant at a meeting, referred to in this paragraph as a "scoping meeting," the scope of impact evaluation required for the proposed project and the type of proceedings warranted. The applicant shall provide notice to abutting municipalities. If the department determines as a result of these communications that the applicant has demonstrated that the proposed project satisfies standards adopted for projects that generate 100 to 200 passenger car equivalents at peak hour and the department determines that there are no other significant traffic-related issues presented, the department may issue a permit to the applicant without further proceedings. The department shall adopt rules establishing the submission requirement for a scoping meeting. Those rules must, at a minimum, establish 2 submission standards: one for an expedited review without further proceedings and one for a preliminary review with further proceedings anticipated. The rules must also establish the level of professional certification required by any submission and may not impose undue professional liability on the applicant. [PL 1999, c. 468, §2 (NEW).] C. [PL 2003, c. 363, §3 (RP).] D. If a project is located in an area designated as a growth area in a local growth management plan that has been found by the State to be consistent with the growth management program in Title 30‑A, chapter 187 and the project does not have an entrance or exit located on a high-speed rural arterial highway and the applicant for a traffic movement permit implements traffic demand management techniques recommended by the department, then the required improvements are limited: (1) To those necessary to mitigate the impact of the project provided all safety standards are met, even if part or all of the traffic impact occurs outside the boundaries of the growth area; and (2) To the entrances and exits of the project, if the project reuses previously developed land area and buildings with no more than a 10% increase in building footprint regardless of the extent of vertical development. [PL 2003, c. 363, §4 (RPR).] E. Adequate provision for traffic movement may be provided through payment of funds pursuant to section 57‑A . [PL 1999, c. 468, §2 (NEW).] F. Prior to issuing a traffic movement permit, the department must find that the applicant has right, title or interest to the property necessary to execute the traffic-related conditions of the permit, and that no inconsistent control of access provision exists with respect to access to the property. The department shall also advise the applicant that following issuance of the permit yet prior to construction of any improvements affecting the right-of-way of the department, the applicant must demonstrate through a developer agreement the financial, legal and technical ability to develop such improvements. [PL 1999, c. 468, §2 (NEW).] [PL 2003, c. 363, §§3, 4 (AMD).]

3. Exemptions. A permit is not required for any project reviewed under Title 38, section 1310‑N , 1319‑R or 1319‑X . A permit is not required for any project exempt from review under Title 38, chapter 3, subchapter I, article 6 pursuant to Title 38, section 488, subsection 7 or subsection 18 . [PL 1999, c. 468, §2 (NEW).]

4. Registered municipalities. The department may register municipalities for issuing traffic movement permits under this section for projects generating 100 or 200 passenger car equivalents at peak hours upon finding that: A. The municipality has in effect an ordinance or regulation for reviewing traffic movement permits that is consistent with the policy and purpose of this section; and [PL 1999, c. 468, §2 (NEW).] B. The ordinance or regulation is administrable and enforceable and will be properly administered and enforced. [PL 1999, c. 468, §2 (NEW).] Whenever any of the conditions set forth in this subsection are no longer being met, the department shall resume promptly the administration of reviewing traffic movement permits upon written notice to the municipality. Upon a determination by the department that there will be no adverse traffic impact in a municipality other than the municipality in which the project is located, the department may register any municipality for issuing traffic movement permits under this section for any project generating more than 200 passenger car equivalents at peak hour. The department may provide technical assistance to municipalities upon request for projects reviewed under this section. The department may review projects for registered municipalities if the local reviewing authority for the municipality in which the project is located petitions the department in writing. Any neighboring municipality affected by the project may petition the department in writing to review the project no later than 30 days after it has been approved by the local reviewing authority. [PL 1999, c. 468, §2 (NEW).]

5. Reconsideration. Requests for reconsideration by the commissioner under this subsection must be made in accordance with this subsection. Nothing in this subsection may be construed to limit a person's lawful right to appeal a final agency action. If the department issues an order without a hearing, a person may request reconsideration by the department within 30 days after notice of the department's decision. This request must set forth, in detail, the findings and conclusions of the department to which that person objects, the basis of the objections and the nature of the relief requested. Upon receipt of the request, the department may schedule and hold a hearing limited to the matters set forth in the request. [PL 1999, c. 468, §2 (NEW).]

6. Fees. The department shall assess fees for the issuance and processing of a permit under this section. Fees may not exceed $500 for issuance of a permit following a scoping meeting as described in section 704‑A, subsection 2, paragraph B , with no further review. Fees may not exceed $2,000 for issuance of a permit requiring review beyond a scoping meeting. [PL 1999, c. 468, §2 (NEW).]

7. Consolidation. If an applicant is required to obtain both a permit from the department pursuant to this section and a permit under the site location of development laws from the Department of Environmental Protection pursuant to Title 38, chapter 3, subchapter I, article 6 , the applicant may either apply individually to each agency for the appropriate permit or request that the department and the Department of Environmental Protection provide a consolidated application process. A. On the request of an applicant prior to the submission of applications for permits pursuant to this section and Title 38, chapter 3, subchapter I, article 6 , the department and the Department of Environmental Protection shall provide a consolidated application process. As long as an application is not withdrawn, the process must result in a consolidated order issued by both the department and the Department of Environmental Protection, either approving or denying the applicable permits. Any necessary findings or conditions relevant to the individual permits must be separately identified in the order. All applicable fees and the longer of the applicable processing times apply. The processing period may be extended pursuant to Title 38, section 344‑B, subsection 3 or if a hearing is required pursuant to subsection 5 . [PL 1999, c. 468, §2 (NEW).] B. If an aggrieved party seeks an administrative appeal of a consolidated order, and there are issues relevant to both permits, the department and the Department of Environmental Protection shall provide a consolidated administrative appeal process. If there are issues relevant to only one permit, the relevant portion of the order may be appealed to the appropriate agency. [PL 1999, c. 468, §2 (NEW).] C. The department and the Department of Environmental Protection shall enter into a memorandum of agreement establishing procedures for coordination of the consolidated application process and the consolidated administrative appeal process by June 30, 1999. [PL 1999, c. 468, §2 (NEW).] This subsection does not apply to a project reviewed by a municipality under subsection 4 or Title 38, section 489‑A . [PL 1999, c. 468, §2 (NEW).]

8. Modification of existing permits. A permit issued under Title 38, chapter 3, subchapter 1, article 6 prior to the effective date of this section may be modified by the department to address issues relating to traffic movement and adequate provision of roads. At the department's request, a person holding such a permit shall send a copy of the permit application to the department and to the Department of Environmental Protection. The department shall notify the Department of Environmental Protection of any substantive changes in the permit and shall provide that department with a copy of the final revised permit. [PL 1999, c. 468, §2 (NEW).]

9. Rules. Rules adopted under this section are major substantive rules pursuant to Title 5, chapter 375, subchapter II‑A . [PL 1999, c. 468, §2 (NEW).]

10. Violation. A violation of this section or the rules adopted pursuant to this section is punishable by a fine of not more than $100 per day per violation. The fine begins to accrue 30 days after the Department of Transportation sends notice of the violation to the landowner. The department shall establish procedures for administrative enforcement of this section, establishing fines and reconsideration and appeals of enforcement actions. [PL 2003, c. 363, §5 (NEW).]
23 M.R.S. § 7218 — ME Code / Title 23 / Part 7 / Chapter 617 / Section 7218
23 §7218. Bridges erected by municipalities maintained
Status: in_force

Bridges erected by any municipality, over which any railroad passes, shall be constructed and maintained in a manner and condition as to safety as the Department of Transportation may determine. The department may require the officers of the railroad company and of the municipality to attend a hearing in the matter, after notice of the hearing to all parties in interest as the department deems proper. The department shall determine at the hearing the repairs, renewals or strengthening of parts, or if necessary the manner of rebuilding the bridge required to make the bridge safe for the uses to which it is put. The department shall determine who shall bear the expenses of the repairs, renewals, strengthening or rebuilding, or it may apportion the expense between the railroad company and the city or town, as the case may be, in a manner as deemed by the department to be just and fair and shall make its report. [PL 1989, c. 398, §8 (NEW).]
23 M.R.S. § 3029-A — ME Code / Title 23 / Part 3 / Chapter 304 / Section 3029-A
23 §3029-A. Damage to public easement; cause of action
Status: in_force

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 reasonable access by the property owner to the property owner's property by motor vehicle as defined in Title 29‑A, section 101, subsection 42 . [PL 2015, c. 464, §8 (NEW).]

2. Damages. Damages may be sought pursuant to subsection 1 in an amount reasonably necessary to restore the road to its condition prior to the use by the person against whom the action is brought. [PL 2015, c. 464, §8 (NEW).]

3. Attorney's fees and costs. If the plaintiff under subsection 1 is the prevailing party, the plaintiff may be awarded reasonable attorney's fees and costs. [PL 2015, c. 464, §8 (NEW).]

4. Application. This section does not apply to: A. A law enforcement officer who, in an emergency and within the scope of that law enforcement officer's employment, operates a motor vehicle on a public easement; or [PL 2015, c. 464, §8 (NEW).] B. An emergency responder who, in an emergency and while performing the duties of an emergency responder, operates a motor vehicle on a public easement. [PL 2015, c. 464, §8 (NEW).] [PL 2015, c. 464, §8 (NEW).]
23 M.R.S. § 1968 — ME Code / Title 23 / Part 1 / Chapter 24 / Section 1968
23 §1968. Issuance of bonds
Status: in_force

The authority may issue bonds as follows. [PL 1995, c. 138, §1 (RPR).]

1. Turnpike revenue bonds. In addition to bonds outstanding pursuant to any other provision of this chapter, the authority may provide by resolution from time to time for the issuance of turnpike revenue bonds, including notes or other evidences of indebtedness or obligations defined to be bonds under this chapter, but not exceeding $600,000,000 in the principal amount at any one time outstanding exclusive of refundings, for any purpose described in section 1969, subsection 1 . [P&SL 2019, c. 16, §1 (AMD).]

2. Bonds for construction and reconstruction of interchanges. [PL 2003, c. 32, §2 (RP).]

2-A. Bonds for Department of Transportation projects. In addition to bonds outstanding pursuant to any other provision of this chapter, the authority may provide by resolution from time to time but no later than June 30, 1997 for the issuance of special obligation bonds, including notes or other evidences of indebtedness or obligations defined to be bonds under this chapter, not exceeding $40,000,000 in aggregate principal amount exclusive of refundings, to pay to the Department of Transportation the costs, or a portion of the costs, of Department of Transportation projects. Department of Transportation projects paid for with bonds in accordance with this subsection must be determined by the Department of Transportation and the authority to have sufficient relationship to the public's use of the turnpike in accordance with section 1974, subsection 6 . [PL 1997, c. 646, §2 (AMD).]

2-B. Bonds for turnpike widening. [PL 2003, c. 32, §3 (RP).]

2-C. Bonds for purchase of interstate in Kittery. In addition to bonds outstanding pursuant to any other provision of this chapter, the authority may provide by resolution for the issuance of special obligation or subordinate bonds, including notes or other evidences of indebtedness or obligations defined to be bonds under this chapter, not exceeding $35,000,000 in aggregate principal amount exclusive of refundings, to purchase a section of Interstate 95 in Kittery from the Department of Transportation. [PL 2013, c. 586, Pt. F, §1 (NEW).]

2-D. Bonds for construction of a connector to Gorham. In addition to bonds outstanding pursuant to any other provision of this chapter, the authority may provide by resolution for the issuance of special obligation or subordinate bonds, including notes or other evidences of indebtedness or obligations defined to be bonds under this chapter, not exceeding $150,000,000 in aggregate principal amount exclusive of refundings, to pay for planning, design and construction of a connector to Gorham as described in section 1965‑C . [PL 2017, c. 68, §4 (NEW).]

3. Bonds; negotiable; not debt of State. The bonds of the authority do not constitute a debt of the State or of any agency or political subdivision of the State and are payable solely from the operating revenues of the turnpike. Notwithstanding any provision of law, any bonds issued pursuant to this chapter are fully negotiable. If any of the members or officers of the authority whose signatures appear on the bonds or coupons cease to be members or officers before the delivery of the bonds, the signature is, nevertheless, valid and sufficient for all purposes as if the members or officers had remained in office until that delivery. Whether or not the bonds are of such form and character as to be negotiable instruments under Title 11, Article 8 , the bonds are hereby made negotiable instruments within the meaning of and for all the purposes of Title 11, Article 8 , subject only to the provisions of the bonds for registration. It is the intention of this chapter that any pledge made by the authority in respect to the bonds or notes is valid and binding from the time when the pledge is made; that the funds or property so pledged and thereafter received by the authority is immediately subject to the lien of that pledge without any physical delivery of those funds or property or further act; and that the lien of such a pledge is valid and binding as against all parties having claims of any kind in tort, contract or otherwise against the authority irrespective of whether those parties have notice of that lien. Neither the resolution, trust indenture nor any other instrument by which a pledge is created need be recorded. The authority may, in the resolution authorizing prospective issues, provide as to those bonds: A. The manner of executing the bonds and coupons; [PL 1995, c. 138, §1 (NEW).] B. The form and denomination of the bonds; [PL 1995, c. 138, §1 (NEW).] C. Maturity dates; [PL 1999, c. 132, §1 (AMD).] D. The interest rate or rates on the bonds, which may be fixed or variable or a combination of both; [PL 1995, c. 138, §1 (NEW).] E. For the redemption prior to maturity and the premium payable for the bonds; [PL 1995, c. 138, §1 (NEW).] F. The place or places for the payment of interest and principal; [PL 1995, c. 138, §1 (NEW).] G. For registration if the authority determines it to be desirable; [PL 1995, c. 138, §1 (NEW).] H. For the pledge of all or any of the operating revenues of the turnpike for securing payment; [PL 1995, c. 138, §1 (NEW).] I. For the replacement of lost, destroyed or mutilated bonds; [PL 1995, c. 138, §1 (NEW).] J. The setting aside of revenue and sinking funds and the regulation and disposition of these revenues and funds and for limitations on reserves, if any, established for capital outlay from operating revenues; [PL 1995, c. 138, §1 (NEW).] K. For limitations on the issuance of additional bonds; [PL 1995, c. 138, §1 (NEW).] L. For the procedure, if any, by which the contract with the bondholders may be abrogated or amended; [PL 1995, c. 138, §1 (NEW).] M. For the manner of sale, which may be public or private, and purchase of the bonds; [PL 1995, c. 138, §1 (NEW).] N. For covenants against pledging any or certain of the operating revenues of the turnpike; [PL 1995, c. 138, §1 (NEW).] O. For covenants fixing and establishing the prices, rates and charges for the use of the turnpike and other services made available in connection with the turnpike so as to provide at all times funds that will be sufficient: (1) To pay all costs of operation and maintenance of the turnpike, together with the necessary repairs to the turnpike; (2) To meet and pay the principal and interest of all such bonds as they severally become due and payable; (3) For the creation of these reserves for the principal and interest of all such bonds and for the meeting of contingencies and the operation and maintenance of the turnpike as the authority determines; and (4) To pay other lawful charges or costs for which the authority is responsible; [PL 1995, c. 138, §1 (NEW).] P. For such other covenants as to such prices, rates and charges as the authority determines; [PL 1995, c. 138, §1 (NEW).] Q. For covenants as to the rights, liability, powers and duties arising upon the breach by the authority of any covenant, condition or obligation; [PL 1995, c. 138, §1 (NEW).] R. For covenants as to the bonds to be issued and as to the issuance of the bonds in escrow and otherwise and as to the use and disposition of the proceeds of the bonds; [PL 1995, c. 138, §1 (NEW).] S. For covenants as to the use of its property and the maintenance and replacement of the property and the insurance to be carried on the property and the use and disposition of insurance money; [PL 1995, c. 138, §1 (NEW).] T. For limitations upon the exercise of the powers conferred upon the authority by this chapter; [PL 1995, c. 138, §1 (NEW).] U. For the issuance of these bonds in series or in serial form or for a stated term of years with or without mandatory retirements from a sinking fund or otherwise; [PL 1995, c. 138, §1 (NEW).] V. For the issuance, in addition to the issuance of notes and other evidences of indebtedness or obligations authorized under this chapter, of notes in anticipation of authorized bonds and for the exercise with respect to the bond anticipation notes of any or all of its powers delineated in this chapter for the issuance of bonds; and [PL 1995, c. 138, §1 (NEW).] W. For the performance by the authority of any acts and things necessary or convenient or desirable in order to secure its bonds or in the absolute discretion of the authority as will tend to make the bonds more marketable notwithstanding that those acts or things may not be enumerated in this chapter. [PL 1995, c. 138, §1 (NEW).] [PL 1999, c. 132, §1 (AMD).]
23 M.R.S. § 245-A — ME Code / Title 23 / Part 1 / Chapter 3 / Section 245-A
23 §245-A. Hardship
Status: in_force

If the department deems a hardship case exists, it may make any payment authorized by this subchapter in whole or in part to the displaced person affected in advance of moving, conveying or other acquisition of title or possession by the State. [PL 1971, c. 593, §22 (AMD).]
23 M.R.S. § 5166 — ME Code / Title 23 / Part 7 / Chapter 605 / Section 5166
23 §5166. Sale of stock for nonpayment; rights of delinquent stockholders
Status: in_force

If any person fails to pay his assessment within the time fixed, the treasurer shall sell enough of his stock at auction to pay the same, with 12% interest and the cost of advertising and selling, by first publishing notice of the sale 3 weeks successively in a newspaper printed in the county where the sale is to be, if any, and if not, in an adjoining county. Upon sale the president and treasurer shall issue a new certificate of stock to the purchaser and the delinquent stockholder shall surrender his certificate to be canceled and may have a new one for his unsold shares. If he held bonds, coupons or certificates for fractions of stock, he shall not be entitled to commute them or to receive any dividends on them until he has paid his assessment, with 12% interest. [PL 1987, c. 141, Pt. A, §4 (NEW).]
23 M.R.S. § 2063 — ME Code / Title 23 / Part 2 / Chapter 203 / Section 2063
23 §2063. Hearings; appeals; stay
Status: in_force

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 said county, which appeal may be prosecuted by him or by any other party who so appeared. All further proceedings before the commissioners shall be stayed until a decision is made in the appellate court.
23 M.R.S. § 1253 — ME Code / Title 23 / Part 1 / Chapter 15 / Section 1253
23 §1253. State pays expense
Status: in_force

The expense of the erection and maintenance of each warning sign mentioned in sections 1251 and 1252 shall be borne by the State and paid out of any highway funds not otherwise appropriated.
23 M.R.S. § 2064 — ME Code / Title 23 / Part 2 / Chapter 203 / Section 2064
23 §2064. Proceedings on appeal
Status: in_force

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 may appoint some suitable person in his place. They shall give such notice as the court has ordered, view the route, hear the parties and make their report to the court within 60 days or such further time as the court allows after their appointment, whether the judgment of the commissioners should be in whole or in part affirmed or reversed; which, being accepted and judgment thereon entered, shall forthwith be certified to the clerk of the commissioners.
23 M.R.S. § 4210-D — ME Code / Title 23 / Part 5 / Chapter 410 / Section 4210-D
23 §4210-D. Accounting
Status: in_force

The department shall comply with accounting policies and procedures promulgated by the Department of Administrative and Financial Services, Office of the State Controller. Any changes in accounting methodology proposed by the department must be approved by the Office of the State Controller. [PL 2005, c. 457, Pt. GGG, §3 (NEW).]
23 M.R.S. § 1618 — ME Code / Title 23 / Part 1 / Chapter 19 / Section 1618
23 §1618. Exception to prohibited acts and limitation of powers
Status: in_force

Notwithstanding Title 30‑A, section 5958 , the bank may make loans to the State or any agency or department of the State in connection with the financing of qualified transportation projects. Notwithstanding Title 30‑A, section 6003 , the bank may issue its bonds from time to time in any principal amounts that it considers necessary to provide funds for any of the purposes authorized by this section, including the financing or refinancing of all or a portion of the costs of qualified transportation projects. Notwithstanding Title 30‑A, section 6019 , the bank may enter into any agreements or contracts with any commercial banks, trust companies or banking or other financial institutions within or outside the State that are necessary, desirable or convenient in the opinion of the bank to provide any other services to the bank to assist the bank in effectuating the purposes of this section. [PL 2007, c. 329, Pt. P, §1 (NEW).]
23 M.R.S. § 652 — ME Code / Title 23 / Part 1 / Chapter 11 / Section 652
23 §652. Proceedings on damage claims
Status: in_force

1. Change of grade. Whenever the department changes the grade of any state or state aid highway, as provided in chapters 1 to 19 , to the injury of an owner of adjoining land, that owner may apply, within 24 months after completion of the work according to the records of the department, to the department in writing for a determination and assessment of damages. If the department is unable to settle that damages at what it deems a reasonable amount, the department or interested parties may apply to the State Claims Commission in writing for a determination and assessment of the damages. The proceedings shall then be the same as in condemnation cases. [PL 1987, c. 769, Pt. A, §83 (RPR).]

2. Private water supplies. In the event an owner of land adjacent to a state or state aid highway or hydrogeologically downgradient from a state‑owned salt storage facility suspects that a private water supply on that land has been destroyed or rendered unfit for human consumption by the department constructing, reconstructing or maintaining a state or state aid highway or storing salt in a state‑owned salt storage facility, the owner may apply in writing to the department for a determination of the alleged cause and assessment of the damage and, if the claim is founded on construction, the owner shall present the application within 24 months after the completion date of the work as that date appears in the records of the department. The application must set forth the name and address of the owner, the owner's source of title, the location of the property, a description of the damage, the cause to which the damage is attributed and the name and address of any lien holder. A. If the department determines that it did not cause the alleged damage to the water supply, a copy of the determination must be served by registered or certified mail or by personal service as required for service of a summons on a complaint in the Superior Court. [PL 2023, c. 367, §1 (AMD).] B. If the department determines that any damage to the privately owned water supply was caused by the department constructing, reconstructing or maintaining the highway or storing salt, a copy of the determination must be served by registered or certified mail or by personal service as required for service of a summons on a complaint in the Superior Court and the department shall set forth an offer of settlement that offers: (1) To replace the water supply; (2) To repair the damage to the water supply; (3) To pay a designated sum of money; or (4) To purchase the realty served by the water supply in the event the cost of repair or replacement of the water supply exceeds the appraisal value of the realty. [PL 2023, c. 367, §1 (AMD).] C. The department may issue rules and regulations in accordance with standards of the Department of Health and Human Services and the United States Department of Health and Human Services, Public Health Service regarding water potability for the determination of the degree of contamination, pollution or fitness for domestic use. [PL 2023, c. 367, §1 (AMD).] D. The department shall in its determination consider the necessity for installation or replacement of piping, tanks, pumps, heating systems or other related fixtures. The department may not condition installation or replacement on the owner giving possession or title of any privately owned piping, tanks, pumps, heating systems or other related fixtures on the land to any agency of this State, unless agreed to by the property owner. [PL 2023, c. 367, §1 (AMD).] E. If the department is unable to settle at what it determines to be a reasonable settlement, the department or owner may apply to the State Claims Commission in writing for a determination of the alleged cause and assessment of the damage. The proceedings are then the same as in condemnation cases. [PL 2023, c. 367, §1 (AMD).] F. This subsection does not apply to private water supplies after June 26, 1969 where the location does not allow for or provide for adequate surface drainage. [PL 2023, c. 367, §1 (AMD).] G. This subsection does not apply to private water supplies now located or hereafter located within the right-of-way limits. [PL 2023, c. 367, §1 (AMD).] H. This subsection does not apply to any private water supply damaged by construction, reconstruction or maintenance of the highway or the storage of salt that the department determines to have already been contaminated or polluted by another source to the degree the contamination or pollution would have rendered it unfit for human consumption. [PL 2023, c. 367, §1 (AMD).] I. With respect to a private water supply located on land that is adjacent to a state or state aid highway or is hydrogeologically downgradient from a state‑owned salt storage facility, the department, on the request of the landowner, shall arrange for and pay the cost of testing the private water supply for any contaminants that may derive from the department constructing, reconstructing or maintaining a state or state aid highway or storing salt in a state‑owned salt storage facility. [PL 2023, c. 367, §1 (NEW).] For purposes of this subsection, "hydrogeologically downgradient" means that a location receives groundwater from another location. [PL 2023, c. 367, §1 (AMD).]

3. Private water supplies within the right-of-way. In order to prevent undue hardship to properties served by water systems existing within the right-of-way of state and state aid highways prior to June 26, 1969, and which are the sole source of water supply to the property, and which are destroyed or altered, subsequent to the effective date of this Act, due to highway construction or reconstruction, the Department of Transportation is authorized to compensate the owners for such loss as may be determined equitable by the department. [PL 1979, c. 140 (NEW).]
23 M.R.S. § 5185 — ME Code / Title 23 / Part 7 / Chapter 605 / Section 5185
23 §5185. Application of provisions to mortgages of corporations given to trustees, as if legally foreclosed
Status: in_force

This subchapter and subchapters III and IV apply to and include all mortgages of franchises, lands, property, hereditaments and rights of property of every kind whatever, whether previously given or to be given by any corporation to trustees, to secure the payment of scrip or bonds of the corporation, in all cases in which the principal of the scrip or bonds has been due and payable for more than 3 years, and remains unpaid in whole or in part, or on which no interest has been paid for more than 3 years, in the same way and to the same extent as if the mortgage had been legally foreclosed, subject to all rights of redemption, as provided in section 5165 . The holders of the scrip or bonds shall have the benefit of this subchapter and subchapters III and IV and all the rights and powers of the corporation under its charter and may form a new corporation in the manner provided in this chapter whenever the holders of the scrip or bonds to an amount exceeding 1/2 of the same so elect in writing. Any subsequent foreclosure, in any method provided by law, of the mortgage given to secure the bonds or scrip, shall inure at once for the benefit of the corporation and vest in the corporation the title acquired by the foreclosure. [PL 1987, c. 141, Pt. A, §4 (NEW).]
23 M.R.S. § 752 — ME Code / Title 23 / Part 1 / Chapter 13 / Section 752
23 §752. Expense of construction
Status: in_force

The department shall be sole arbiter of the designation of state highways, but shall, after reasonable notice by publication, give all parties interested an opportunity to be heard thereon before such designation is made. [PL 1971, c. 593, §22 (AMD).]

The expense of constructing such state highways shall be borne wholly by the State, except as otherwise provided in chapters 1 to 19 . [PL 1971, c. 593, §22 (AMD).]
23 M.R.S. § 3055 — ME Code / Title 23 / Part 3 / Chapter 305 / Section 3055
23 §3055. Americans with Disabilities Act of 1990 compliance
Status: in_force

Whenever a municipality undertakes a project for construction or reconstruction of a public way, the owner of an aboveground facility, including but not limited to poles, guys, hydrants, transformers or other utility facilities, within that portion of the public way shall ensure that the facility meets the requirements of the Americans with Disabilities Act of 1990. Any alteration, relocation or expense necessary to meet the requirements of the Americans with Disabilities Act of 1990 is the sole responsibility of the facility owner. [PL 2021, c. 334, §2 (NEW).]
23 M.R.S. § 4406 — ME Code / Title 23 / Part 6 / Chapter 412 / Section 4406
23 §4406. Radar requirements on vessels operating in Casco Bay
Status: in_force

1. Radar device required. Every person, firm or corporation engaged in the transport of 6 or more passengers by vessel, for compensation, between or among the islands of Casco Bay and the mainland, shall provide an operable radar device on each vessel operated by the person or corporation which carries 6 or more passengers and shall provide a person qualified to operate the radar device in accordance with all federal regulations relating to the operation of federally licensed passenger carrying vessels. [PL 1987, c. 475, §1 (NEW).]

2. Standards; promulgation; enforcement; penalty. The Department of Transportation shall adopt rules relating to the use and installation of radar devices in the vessels referred to in subsection 1 . These rules must include, but not be limited to, the specification of standards for the radar devices to be carried by the vessels and the qualifications of those persons responsible for the proper operation of the radar devices. Until those rules are adopted, the rules previously adopted by the Public Utilities Commission remain in effect. [PL 1989, c. 866, Pt. B, §2 (AMD); PL 1989, c. 866, Pt. B, §26 (AFF).]
23 M.R.S. § 6002 — ME Code / Title 23 / Part 7 / Chapter 607 / Section 6002
23 §6002. Land for improvements; proceedings
Status: in_force

Any railroad corporation may purchase or take and hold, as for public uses, additional land or rights in land, at any time required for improving the alignment or grades of its road, for double tracking its road, for protecting the tracks against erosion of adjoining or adjacent land or against the action of the elements, or reasonably necessary in the enhancement of public safety at dangerous curves or crossings; and land or rights therein, for borrow, ballast and gravel pits, necessary tracks, side-tracks, spur tracks, freight or passenger yards, stations, station grounds, approaches to stations and station grounds and to other facilities furnished by the railroad for public use, coal sheds, woodsheds, water tanks, repair shops, car, engine, freight and section houses, section dwelling houses and storage warehouses, or other structures, which the Department of Transportation, after hearing, finds to be reasonably required in the safe, economical and efficient operation of the railroad and in rendering of adequate service to the public. If the owner or owners of that land do not consent, if the parties do not agree as to the necessity for the taking or as to the area to be taken or if the parties are unable to agree as to the fair value of the land, the corporation may make written application to the Department of Transportation requesting its approval of the taking by the railroad corporation for any such public uses, describing the land and appurtenances and naming the persons interested. The department shall then appoint a time for a hearing near the premises and require notice to be given to the persons interested, as they may direct, at least 14 days before that time. The department shall then view the premises; hear the parties; determine how much, if any, of the real estate should be taken for the reasonable accommodation of the traffic, the safe operation of the railroad and the appropriate business of the corporation; and enter an order containing a definite description of the real estate and furnish the corporation with a true copy of the order. When a certified copy of the order is filed with the registry of deeds in the county where the land lies, the land shall be deemed and treated as taken. When land is held by a tenant for life and the reversion is contingent as to the persons in whom it may vest on the termination of the life estate, that fact shall be stated in the application and the department shall, in addition to the notice to the tenant for life, give notice by publication to all others interested, in such manner as it deems proper. [PL 1987, c. 141, Pt. A, §4 (NEW).]
23 M.R.S. § 63 — ME Code / Title 23 / Part 1 / Chapter 3 / Section 63
23 §63. Confidentiality of records held by the department and the Maine Turnpike Authority
Status: in_force

1. Confidential records. The following records in the possession of the department and the Maine Turnpike Authority are confidential and may not be disclosed, except as provided in this section: A. Records and correspondence relating to negotiations for and appraisals of property; and [PL 2011, c. 524, §5 (NEW).] B. Records and data relating to engineering estimates of costs on projects to be put out to bid. [PL 2011, c. 524, §5 (NEW).] [PL 2011, c. 524, §5 (NEW).]

2. Engineering estimates. Engineering estimates of total project costs are public records after the execution of project contracts. [PL 2011, c. 524, §5 (NEW).]

3. Records relating to negotiations and appraisals. The records and correspondence relating to negotiations for and appraisals of property are public records beginning 9 months after the completion date of the project according to the record of the department or Maine Turnpike Authority, except that records of claims that have been appealed to the Superior Court are public records following the award of the court. [PL 2011, c. 524, §5 (NEW).]
23 M.R.S. § 4423 — ME Code / Title 23 / Part 6 / Chapter 412 / Section 4423
23 §4423. Bonds
Status: in_force

1. Authorization. The Maine Port Authority may provide by resolution from time to time for the issuance of bonds for the purpose of funding the establishment, acquisition or effectuation of marine port terminal facilities and associated multimodal infrastructure facilities, for construction of proposed facilities and improvement of existing or acquired facilities and for the fulfillment of other undertakings that it may assume. The bonds of the Maine Port Authority do not constitute a debt of the State, or of any agency or political subdivision thereof, but are payable solely from the revenue of the authority, and neither the faith nor credit nor taxing power of the State, or any political subdivision thereof, is pledged to payment of the bonds. Any provision of any law to the contrary notwithstanding, any bonds issued pursuant to this subchapter are fully negotiable. In case any director whose signature appears on the bond or coupons ceases to be a director before the delivery of those bonds, that signature is valid and sufficient for all purposes as if that director had remained a director until delivery. [PL 2021, c. 555, §2 (AMD).]

2. Resolution; prospective issues. The authority may by resolution authorizing prospective issues provide: A. The manner of executing the bonds and coupons; [PL 1981, c. 456, Pt. A, §88 (NEW).] B. The form and denomination thereof; [PL 1981, c. 456, Pt. A, §88 (NEW).] C. Maturity dates; [PL 1981, c. 456, Pt. A, §88 (NEW).] D. Interest rates thereon; [PL 1981, c. 456, Pt. A, §88 (NEW).] E. For redemption prior to maturity and the premium payable therefor; [PL 1981, c. 456, Pt. A, §88 (NEW).] F. The place or places for the payment of interest and principal; [PL 1981, c. 456, Pt. A, §88 (NEW).] G. For registration if the authority deems it to be desirable; [PL 1981, c. 456, Pt. A, §88 (NEW).] H. For the pledge of all or any of the revenue for securing payment; [PL 1981, c. 456, Pt. A, §88 (NEW).] I. For the replacement of lost, destroyed or mutilated bonds; [PL 1981, c. 456, Pt. A, §88 (NEW).] J. For the setting aside of reserve and sinking funds and the regulations and disposition thereof; [PL 1981, c. 456, Pt. A, §88 (NEW).] K. For limitation on the issuance of additional bonds; [PL 1981, c. 456, Pt. A, §88 (NEW).] L. For the procedure, if any, by which the contract with the bondholder may be abrogated or amended; [PL 1981, c. 456, Pt. A, §88 (NEW).] M. For the manner of sale and purchase thereof; [PL 1981, c. 456, Pt. A, §88 (NEW).] N. For covenants against pledging of any of the revenue of the Maine Port Authority; [PL 1981, c. 456, Pt. A, §88 (NEW).] O. For covenants fixing and establishing rates and charges for use of its facilities and services made available so as to provide at all times funds which will be sufficient to pay all costs of operation and maintenance, meet and pay the principal and interest of all bonds as they severally become due and payable; for the creating of such revenues for the principal and interest of all bonds and for the meeting of contingencies and the operation and maintenance of its facilities as the directors determine; [PL 1981, c. 456, Pt. A, §88 (NEW).] P. For such other covenants as to rates and charges as the directors determine; [PL 1981, c. 456, Pt. A, §88 (NEW).] Q. For covenants as to the rights, liability, powers and duties arising upon the breach by the Maine Port Authority of any covenant, condition or obligation; [PL 1981, c. 456, Pt. A, §88 (NEW).] R. For covenants as to the bonds to be issued, as to the issuance of those bonds in escrow and otherwise and as to the use and disposition of the proceeds; [PL 1981, c. 456, Pt. A, §88 (NEW).] S. For covenants as to the use of its facilities and their maintenance and replacement, and the insurance to be carried on them, and the use and disposition of insurance money; [PL 1981, c. 456, Pt. A, §88 (NEW).] T. For the issuance of such bonds in series; [PL 1981, c. 456, Pt. A, §88 (NEW).] U. For the performance of any and all acts as may be in the discretion of the directors necessary, convenient or desirable to secure the bonds, or will tend to make the bonds more marketable; and [PL 1981, c. 456, Pt. A, §88 (NEW).] V. To issue bonds on terms and conditions so as to effectuate the purpose of this subchapter. [PL 1981, c. 456, Pt. A, §88 (NEW).] [PL 1981, c. 456, Pt. A, §88 (NEW).]

3. Money received. All money received from any bonds issued must be applied solely for the establishment, acquisition or effectuation of marine port terminal facilities and associated multimodal infrastructure facilities that directly support marine port operations and things incidental to those facilities, for the construction of proposed facilities, improvement of existing or acquired facilities and the fulfillment of other undertakings that are within the power of the authority. There is created a lien upon the money until so applied in favor of the bondholders or any trustee as may be provided in respect of the bonds. [PL 2021, c. 555, §3 (AMD).]

4. Trust indenture. In the discretion of the directors, the bonds may be secured by a trust indenture by and between the Maine Port Authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company, located either within or outside the State. Such a trust indenture may pledge or assign the revenues of the Maine Port Authority or any part of it. Any indenture may set forth the rights and remedies of the bondholders and the trustee, and may restrict the individual right of action of bondholders, and may contain such other provisions as the directors may deem reasonable and proper for the security of bondholders. Expenses incurred in carrying out any trust indenture may be treated as a part of maintenance. [PL 1981, c. 456, Pt. A, §88 (NEW).]

5. Rights of bondholders. Provisions may be made for protecting and enforcing the rights and remedies of the bondholders, including covenants as to acquisition of property, construction, maintenance, operation and repair, insurance and the custody, security and application of all moneys. [PL 1981, c. 456, Pt. A, §88 (NEW).]

6. Depositories. Any trust company or bank having the powers of a trust company and located either within or outside the State may act as depositories of the proceeds of the bonds and revenue and may furnish such indemnity or pledge such securities as may be required by the Maine Port Authority. [PL 1981, c. 456, Pt. A, §88 (NEW).]

7. Tax free. The purposes of this subchapter being public and for the benefit of the people of the State, the Maine Port Authority bonds shall at all times be free from taxation by the State. [PL 1981, c. 456, Pt. A, §88 (NEW).]

8. Revenue refunding bonds. The Maine Port Authority may issue revenue refunding bonds for the purpose of refunding the revenue bonds issued under this subchapter. The issuance of any refunding bonds shall be the same as provided for in this subchapter relating to revenue bonds. [PL 1981, c. 456, Pt. A, §88 (NEW).]

9. Default. In the event of default on the bonds and in the event the default continues for a period of 3 months, action may be brought to enforce the rights of the bondholders by insuring that the operation by the directors be in conformity with the covenants of the bonds or indenture. [PL 1981, c. 456, Pt. A, §88 (NEW).]
23 M.R.S. § 154-B — ME Code / Title 23 / Part 1 / Chapter 3 / Section 154-B
23 §154-B. Coercive action
Status: in_force

In no event shall the department either advance the time of condemnation, or defer negotiations or condemnation or take any other action coercive in nature, in order to compel an agreement on the price to be paid for property or property rights. [PL 1971, c. 593, §22 (AMD).]
23 M.R.S. § 3026-A — ME Code / Title 23 / Part 3 / Chapter 304 / Section 3026-A
23 §3026-A. Discontinuance of town ways
Status: in_force

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 municipal officers shall give best practicable notice to all abutting property owners of a proposed discontinuance of a town way or public easement. A. For a proposed discontinuance of a town way, the notice must include information regarding the potential discontinuance or retention of a public easement, including maintenance obligations for and the right of access to the way under the discontinuance or retention of a public easement, and information regarding the rights of abutting property owners to enter into agreements regarding maintenance of and access to the discontinued way. [PL 2017, c. 345, §1 (NEW).] B. For a proposed discontinuance of a town way that is abutted by property not otherwise accessible by a public way, the notice must include information, in addition to the information required in paragraph A, regarding the right of abutting property owners to create private easements and the municipal requirements under subsection 1‑A . [PL 2017, c. 345, §1 (NEW).] Paragraphs A and B apply to town ways that are not discontinued as of October 1, 2018. As used in this subsection, "best practicable notice" means, at minimum, the mailing by the United States Postal Service, postage prepaid, first class, of notice to abutting property owners whose addresses appear in the assessment records of the municipality. [PL 2017, c. 345, §1 (AMD).]

1-A. Discontinuance after October 1, 2018 of a town way with abutting property not otherwise accessible. A municipality may not discontinue a town way that is not discontinued as of October 1, 2018 pursuant to this section if that town way is abutted by property not otherwise accessible by a public way, unless the municipal officers have complied with this subsection. A. The municipal officers shall wait one year from the date of notice provided pursuant to subsection 1, paragraph B before proceeding with the discontinuance process, to allow abutting property owners the opportunity to grant private easements that run with the title of the property owners' land for the purpose of allowing travel along the way for all abutting property owners and their lessees and guests. [PL 2017, c. 345, §2 (NEW).] B. After the one-year waiting period required in paragraph A , the municipal officers may: (1) Proceed with the discontinuance process pursuant to this section, as long as a public easement is retained; or (2) If the municipal officers verify that private easements that run with the title of the property owners' land for the purpose of allowing travel along the way for all abutting property owners and their lessees and guests have been filed with the registry of deeds, proceed with the discontinuance process without retaining a public easement. [PL 2017, c. 345, §2 (NEW).] [PL 2017, c. 345, §2 (NEW).]

2. Municipal officers meet to discuss proposed discontinuance and file order of discontinuance. The municipal officers shall discuss a proposed discontinuance of a town way or public easement at a public meeting and file an order of discontinuance with the municipal clerk that specifies: A. The location of the town way or public easement; [PL 2015, c. 464, §5 (NEW).] B. The names of abutting property owners; [PL 2015, c. 464, §5 (NEW).] B-1. The location of any bridge, as defined in section 562, subsection 2 , on the town way or public easement and the status of negotiations with the department with respect to the disposition of the bridge pursuant to section 566, subsection 3‑A ; [PL 2017, c. 154, §3 (NEW).] C. The amount of damages, if any, determined by the municipal officers to be paid to each abutting property owner; and [PL 2015, c. 464, §5 (NEW).] D. Whether or not a public easement is retained. [PL 2015, c. 464, §5 (NEW).] If a proposal includes the discontinuance of a public easement, that must be stated explicitly in the order of discontinuance; otherwise, the public easement is retained. If a public easement is retained, all other interests of the municipality in the discontinued way, if any, pass to abutting property owners to the center of the way. If a public easement is not retained, all interests of the municipality in the discontinued way pass to abutting property owners to the center of the way. [PL 2017, c. 154, §3 (AMD).]

3. Public hearing. The municipal officers shall hold a public hearing on the order of discontinuance of a town way or public easement filed pursuant to subsection 2. [PL 2015, c. 464, §5 (NEW).]

4. Approval of order of discontinuance and damage awards. The municipal legislative body must vote upon the order of discontinuance submitted to it: A. To approve the order of discontinuance and the damage awards and to appropriate the money to pay the damages; or [PL 2015, c. 464, §5 (NEW).] B. To disapprove the order of discontinuance. [PL 2015, c. 464, §5 (NEW).] The vote required by this subsection must be conducted 10 or more business days after the public hearing pursuant to subsection 3 , except that, for a town way that is not discontinued as of October 1, 2018, in a municipality in which the municipal legislative body is the town meeting, the vote must be conducted at the next regularly scheduled annual town meeting. [PL 2017, c. 345, §3 (AMD).]

5. Certificate of discontinuance filed. The municipal clerk shall record an attested certificate of discontinuance after a vote by the municipal legislative body under subsection 4 in the registry of deeds. The certificate must describe the town way or public easement and the final action by the municipal legislative body. The date the certificate is filed is the date the town way or public easement is discontinued. The registry of deeds shall record a certificate of discontinuance under the name of the town way or public easement, the name of the municipality and the names of the abutting property owners. The municipal clerk shall provide a photocopy of the certificate to the Department of Transportation, Bureau of Maintenance and Operations. [PL 2015, c. 464, §5 (NEW).]

6. Utility easement. An easement for public utility facilities necessary to provide or maintain service remains in a discontinued town way regardless of whether a public easement is retained. Upon approval by a municipal legislative body of an order to discontinue a town way and retain a public easement, unless otherwise stated in the order, all remaining interests of the municipality, if any, pass to the abutting property owners in fee simple to the center of the way. [PL 2015, c. 464, §5 (NEW).]
23 M.R.S. § 7006 — ME Code / Title 23 / Part 7 / Chapter 611 / Section 7006
23 §7006. No liability for death of person walking on road
Status: in_force

No railroad corporation is liable for the death of a person walking or being on its road contrary to law or to its valid rules. [PL 1987, c. 141, Pt. A, §4 (NEW).]
23 M.R.S. § 1402 — ME Code / Title 23 / Part 1 / Chapter 15 / Section 1402
23 §1402. Removal of obstructions
Status: in_force

When logs, lumber or other obstructions, without necessity, are left within the limits of any highway right-of-way under the supervision and maintenance of or construction by the department, it may cause them to be removed, and shall not be liable for loss or damage thereof, unless occasioned by design or gross negligence. When no one appears to pay for the expense and trouble of removal, the department may sell at public auction so much thereof as is sufficient for that purpose, including charges of sale. The person through whose neglect or willful default they were left may be prosecuted as for a nuisance. [PL 1971, c. 593, §22 (AMD).]
23 M.R.S. § 353 — ME Code / Title 23 / Part 1 / Chapter 9 / Section 353
23 §353. Existing contracts, judgments and decisions not affected
Status: in_force

Nothing contained in this subchapter and subchapters II and III shall invalidate any existing contract, judgment or decision of any tribunal whereby any bridge is wholly or partly kept in repair or any money is contributed or to be contributed for the purpose of construction or maintenance of any bridge by any individual, firm or corporation.
23 M.R.S. § 3036 — ME Code / Title 23 / Part 3 / Chapter 304 / Section 3036
23 §3036. Maine Abandoned and Discontinued Roads Commission
Status: in_force

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: A. One member who is an employee of the Department of Inland Fisheries and Wildlife, designated by the Commissioner of Inland Fisheries and Wildlife; [PL 2021, c. 743, §2 (NEW).] B. One member who is an employee of the Department of Agriculture, Conservation and Forestry, designated by the Commissioner of Agriculture, Conservation and Forestry; [PL 2021, c. 743, §2 (NEW).] C. One member who is an employee of the Department of Transportation, designated by the Commissioner of Transportation; [PL 2021, c. 743, §2 (NEW).] D. One member who is an employee of the Office of the Attorney General, designated by the Attorney General; [PL 2021, c. 743, §2 (NEW).] E. Four members appointed by the President of the Senate, who, in making the appointments, shall take into consideration any recommendation made by the association or organization from whose membership the appointment is made, as follows: (1) One member of a statewide association representing municipalities; (2) One member of a statewide association representing woodland property owners; (3) One member of a statewide association of attorneys who has expertise in real estate law; and (4) One member of a land trust organization; and [PL 2021, c. 743, §2 (NEW).] F. Four members appointed by the Speaker of the House, who, in making the appointments, shall take into consideration any recommendation made by the association or organization from whose membership the appointment is made, as follows: (1) One member of a statewide association representing county governments; (2) One member of a statewide organization representing all-terrain vehicle users or snowmobile users; (3) One member of a statewide association representing residents of the State living on or owning property that abuts an abandoned or discontinued road or that is accessible only by traveling over an abandoned or discontinued road; or, if no such association exists, a resident of the State living on property that abuts an abandoned or discontinued road or that is accessible only by traveling over an abandoned or discontinued road; and (4) One member of the general public who is a resident of the State not directly affected by matters related to abandoned or discontinued roads. [PL 2021, c. 743, §2 (NEW).] [PL 2021, c. 743, §2 (NEW).]

2. Duties. The commission shall: A. Consider the following: (1) Property owner liability, including personal injury, property damage and environmental damage liability resulting from public use of an abandoned or discontinued road; (2) Public easement retention over an abandoned or discontinued road, including the scope of permitted and actual public use; (3) Statutory terminology related to abandoned or discontinued roads; and (4) The statutory process for the abandonment or discontinuation of a road, including barriers to determining the legal status of a road; [PL 2021, c. 743, §2 (NEW).] B. For matters relating to abandoned and discontinued roads other than those described by paragraph A , prioritize matters for consideration by the commission by determining which matters related to abandoned and discontinued roads have a significant negative impact, qualitatively or quantitively, on: (1) Owners of property that abuts an abandoned or discontinued road; (2) Owners of property accessible only by traveling over an abandoned or discontinued road; (3) Recreational users of an abandoned or discontinued road; (4) Members of the public; (5) Municipal, county or state governments; and (6) The physical integrity of an abandoned or discontinued road and surrounding land; [PL 2021, c. 743, §2 (NEW).] C. Develop recommendations on ways to address matters considered by the commission, including recommendations for statutory changes; and [PL 2021, c. 743, §2 (NEW).] D. Review legislation affecting abandoned or discontinued roads and provide information to joint standing committees of the Legislature upon request. [PL 2021, c. 743, §2 (NEW).] [PL 2021, c. 743, §2 (NEW).]

3. Chair. The members of the commission shall elect from among the membership a chair, who serves a 3-year term. The chair continues to hold the office until a successor is elected and may serve multiple terms. The chair calls and presides over meetings of the commission. In the absence of the chair, the member designated by the Commissioner of Inland Fisheries and Wildlife or the member designated by the Commissioner of Agriculture, Conservation and Forestry may preside over meetings. [PL 2021, c. 743, §2 (NEW).]

4. Term of office. Members of the commission serve 3-year terms. A member may serve after the expiration of that member's term until a successor has been appointed. A member may serve multiple terms. [PL 2021, c. 743, §2 (NEW).]

5. Meetings. The commission shall meet at least 3 times, but may meet no more than 12 times, each year. [PL 2023, c. 642, §1 (AMD).]

6. Subcommittees. The commission may establish subcommittees to meet to conduct the work of the commission. Subcommittees may invite persons who are not members of the commission to participate in a nonvoting capacity. [PL 2021, c. 743, §2 (NEW).]

7. Public comment. The commission shall accept public comment during its meetings. [PL 2021, c. 743, §2 (NEW).]

8. Staff support. The Office of the Attorney General shall provide staff support to the commission. [PL 2021, c. 743, §2 (NEW).]

9. Bylaws. The commission may, by a majority vote of the members, adopt or amend bylaws as necessary or appropriate to carry out the purposes or exercise the powers of the commission. Prior to adoption or amendment of bylaws, the commission shall ask the member designated by the Attorney General to review the bylaws and provide comments to the commission. [PL 2021, c. 743, §2 (NEW).]

10. Fund established. The Road Commission Fund is established as a nonlapsing fund within the Office of the Attorney General to support the work of the commission. The fund consists of any funds received from any public or private source. [PL 2021, c. 743, §2 (NEW).]

11. Report. By February 1, 2023, and annually thereafter, the commission shall submit a report of its activities and any recommended statutory changes to the joint standing committee of the Legislature having jurisdiction over state and local government matters, the joint standing committee of the Legislature having jurisdiction over agriculture, conservation and forestry matters and the joint standing committee of the Legislature having jurisdiction over inland fisheries and wildlife matters. If the report includes recommended statutory changes, the committee with jurisdiction over the subject of that statute may report out a bill related to the recommendation. [PL 2021, c. 743, §2 (NEW).]
23 M.R.S. § 1614 — ME Code / Title 23 / Part 1 / Chapter 19 / Section 1614
23 §1614. Power and duty of the bank
Status: in_force

The powers and duties of the bank provided under Title 30-A, chapter 225 are modified and supplemented as set out in this section. [PL 2007, c. 329, Pt. P, §1 (NEW).]

1. Qualified transportation projects. The bank may assist the State by borrowing money to finance or refinance from time to time all or a portion of the costs of qualified transportation projects and make the proceeds of such borrowing available to the Department of Transportation at terms agreed upon by the bank, the State Budget Officer and the Department of Transportation. The principal of and interest on any bonds or notes issued by the bank to finance or refinance the qualified transportation projects must be secured by a pledge of funds paid by the United States Department of Transportation, Federal Highway Administration and may further be secured by a pledge of any rights, grants, reserves, contracts, agreements or other revenues or property as may be determined by resolution of the bank. Bonds, notes, leases, agreements or other forms of debt or liability entered into or issued by the bank under this section are not in any way a debt or liability of the State and do not constitute a loan of the credit of the State or create any debt or liability on behalf of the State or constitute a pledge of the faith and credit of the State. Each bond, note, lease, agreement or other evidence of debt or liability entered into by the bank must contain a statement to the effect that the bank is obligated to pay the principal, interest, redemption premium, if any, and other amounts payable solely from the sources pledged for that purpose by the bank and that neither the faith and credit nor the taxing power of the State is pledged to the payment of the principal, interest, premium, charge, fee or other amount on the bond, note, lease, agreement or other form of indebtedness. [PL 2007, c. 329, Pt. P, §1 (NEW).]

2. Additional powers. In addition to all other powers elsewhere granted to the bank, the bank may, with respect to qualified transportation projects: A. Acquire title to or an interest in the qualified transportation projects; [PL 2007, c. 329, Pt. P, §1 (NEW).] B. Make, enter into and enforce contracts and all other instruments, including any amendments or modifications to the extent permitted under its contract with holders of its bonds or notes, with the State, the United States Department of Transportation, Federal Highway Administration or any other legal entity in furtherance of the purposes of this section; [PL 2007, c. 329, Pt. P, §1 (NEW).] C. Invest any funds or money of the bank not then required for funding costs of the qualified transportation projects in the same manner as permitted for the investment of funds belonging to the State or held by the Treasurer of State, except as otherwise permitted or provided by this section; [PL 2007, c. 329, Pt. P, §1 (NEW).] D. Fix and prescribe any form of application or procedure to be required of the State or of any agency or department of the State with respect to the qualified transportation projects and fix the terms and conditions of the qualified transportation projects and enter into agreements with the State or any agency or department of the State in connection with the qualified transportation projects; and [PL 2007, c. 329, Pt. P, §1 (NEW).] E. Lease the qualified transportation projects to the State or any agency or department of the State to further the purposes of this section, as long as the obligation of the State or of any such agency or department to make any rental or other payments is considered executory only to the extent of funds paid by the United States Department of Transportation. [PL 2007, c. 329, Pt. P, §1 (NEW).] [PL 2007, c. 329, Pt. P, §1 (NEW).]
23 M.R.S. § 1604 — ME Code / Title 23 / Part 1 / Chapter 19 / Section 1604
23 §1604. Transportation debt policy for capital planning purposes
Status: reserved

Due to the capital intensive nature of transportation investment and the dedicated nature of transportation revenue streams, the Department of Transportation shall plan its capital transportation program based upon the following assumed debt policies. Neither this section nor planning undertaken pursuant to this section authorizes the issuance of any debt. Debt may be issued only in accordance with applicable authorizing law. [PL 2007, c. 470, Pt. C, §1 (NEW).]

1. Highway Fund general obligation bonding. The rolling, 3-year average ratio of Highway Fund general obligation debt service payments to Highway Fund revenue must be assumed to be not more than 10%. Highway Fund general obligation bond terms must be assumed to be 10 years. [PL 2007, c. 470, Pt. C, §1 (NEW).]

2. GARVEE bonding. The rolling, 3-year average ratio of GARVEE bond debt service payments to funds received from the Federal Highway Administration must be assumed to be not more than 15%, except that sufficient debt service capacity must be assumed to be reserved under the 15% level for a $25,000,000 GARVEE bond issuance for extraordinary, unprogrammed needs. GARVEE bonds must be assumed to have terms of not more than 15 years and to be available only for capital projects that have an anticipated useful life of at least 20 years. GARVEE bonds must be authorized by the Legislature as provided in section 1612 . For purposes of this section, "GARVEE bond" has the same meaning as in section 1611 . [PL 2007, c. 470, Pt. C, §1 (NEW).]

3. TransCap revenue bonding. The level of TransCap revenue bonding as authorized by Title 30‑A, section 6006‑G is limited by the level of revenue authorized and exclusively dedicated to the Maine Municipal Bond Bank for debt service for such bonds and by bond issuer requirements. TransCap bonds must be assumed to have terms of not more than 15 years and to be available only for capital projects that have an anticipated useful life of at least as long as the bond term. TransCap bonds must be authorized by the Legislature as provided in Title 30‑A, section 6006‑G . [PL 2009, c. 413, Pt. Q, §1 (AMD).]
23 M.R.S. § 3551 — ME Code / Title 23 / Part 3 / Chapter 311 / Section 3551
23 §3551. Raising of money
Status: in_force

Towns shall annually raise money to be expended on town ways and highways and for the repair of bridges, and the same shall be assessed and collected as other town taxes and expended for said purposes by a road commissioner or commissioners.
23 M.R.S. § 244-A — ME Code / Title 23 / Part 1 / Chapter 3 / Section 244-A
23 §244-A. Replacement housing for home owner
Status: in_force

1. Owner. In addition to payments otherwise authorized, the department shall make an additional payment not in excess of the amount allowed under the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Public Law 91-646, as amended, to any displaced person who is displaced from a dwelling actually owned and occupied by the displaced person for not less than 90 days prior to the initiation of negotiations for the acquisition of the property. The additional payment must include the following elements: A. The amount, if any, that when added to the acquisition cost of the dwelling acquired by the department equals the reasonable cost of a comparable replacement dwelling. All determinations required to carry out this paragraph must be made in accordance with standards established by the department; [PL 2017, c. 295, §2 (AMD).] B. The amount, if any, that will compensate the displaced person for any increased interest costs and other debt service costs that person is required to pay for financing the acquisition of any such comparable replacement dwelling. The amount may be paid only if the dwelling acquired by the department was encumbered by a bona fide mortgage that was a valid lien on the dwelling for not less than 180 days prior to the initiation of negotiations for the acquisition of that dwelling. In calculating the amount to be paid under this section, increased interest costs and other debt service costs must be reduced to discounted present value. The payment must be an amount that will reduce the mortgage balance on the replacement dwelling to an amount that could be amortized with the same monthly payment for principal and interest as that for the mortgage on the displaced dwelling; and [PL 2017, c. 295, §2 (AMD).] C. Reasonable expenses incurred by the displaced person for evidence of title, recording fees and other closing costs incident to the purchase of the replacement dwelling, but not including prepaid expenses. [PL 1989, c. 208, §§13, 21 (AMD).] [PL 2017, c. 475, Pt. A, §39 (AMD).]

2. Replacement dwelling. The additional payment authorized by subsection 1 shall be made only to a displaced person who purchases and occupies a replacement dwelling which is decent, safe and sanitary not later than the end of the one-year period beginning on the date on which the displaced person receives from the department final payment of all costs of the acquired dwelling, or the date on which the department meets its obligation under section 244-C , whichever is later, except that the department may extend the period for good cause. If the period is extended, the payment under this section shall be based on the costs of relocating the person to a comparable replacement dwelling within one year of the date otherwise designated in this subsection. [PL 1989, c. 208, §§14, 21 (AMD).]

3. Mortgage insurance. The department is authorized to negotiate with any federal agency for any mortgage insurance protection available to a displaced person to insure any mortgage on a comparable replacement dwelling executed by a displaced person assisted under this section. [PL 1971, c. 593, §22 (AMD).]

4. Advance payments. The additional payment authorized by subsection 1 may be made to the displaced person while determination of the acquisition cost of the dwelling is either unsettled or is pending before the State Claims Commission or the Superior Court. Such a payment is not authorized until and unless an agreement between the Department of Transportation and the displaced person is signed which shall authorize withholding from any subsequent award by the State Claims Commission or judgment of the court any amount determined from the agreement to be refunded by the displacee to the department by reason of the award or judgment being in excess of the determined net damage and offering price paid pursuant to section 154 . A copy of the agreement shall be filed with the State Claims Commission with the petition or within 10 days after it is signed if the petition is already filed and a copy shall be filed in any subsequent case appealed to the Superior Court with the complaint or answer, or both. The State Claims Commission and court shall take judicial notice of the facts set forth in such agreement. [PL 1987, c. 395, Pt. A, §103 (AMD).]
23 M.R.S. § 5002 — ME Code / Title 23 / Part 7 / Chapter 601 / Section 5002
23 §5002. Liability of railroads for payment of laborers
Status: in_force

Every railroad company, in making contracts for the building of its road, shall require sufficient security from the contractors for the payment of all labor thereafter performed in constructing the road by persons in their employment. The company is liable to the laborers employed for labor actually performed on the road if they, within 20 days after the completion of the labor, in writing, notify its treasurer that they have not been paid by the contractors, but the liability terminates unless the laborer commences an action against the company within 6 months after giving the notice. [PL 1987, c. 141, Pt. A, §4 (NEW).]
23 M.R.S. § 3656 — ME Code / Title 23 / Part 3 / Chapter 313 / Section 3656
23 §3656. Repair within 6 years; location conclusive
Status: in_force

When on trial of any such action or indictment as provided for in section 3655 it appears that the defendant county or town has made repairs on the way or bridge within 6 years before the injury, it shall not deny the location of such way or bridge.
23 M.R.S. § 8113 — ME Code / Title 23 / Part 7 / Chapter 621 / Section 8113
23 §8113. Conflict of interest
Status: in_force

A director, officer or employee of the authority may not acquire any interest, direct or indirect, in any contract or proposed contract of the authority. A director, officer or employee may not participate in any decision on any contract entered into by the authority if that individual has any interest, direct or indirect, in any firm, partnership, corporation or association that will be party to such a contract or financially involved in any transaction with the authority; except this prohibition does not apply to the execution of agreements by banking institutions for the deposit or handling of authority funds in connection with any contract or to utility services, the rates for which are fixed or controlled by a governmental agency. [PL 1995, c. 374, §3 (NEW).]
23 M.R.S. § 7014 — ME Code / Title 23 / Part 7 / Chapter 611 / Section 7014
23 §7014. Orders
Status: in_force

The Superior Court is given full jurisdiction to enforce compliance with any order issued prior to January 1, 1982, by the Public Utilities Commission or any order issued by the Department of Transportation under this chapter. It is the duty of the Department of Transportation to see that the rights of the public under this chapter are fully protected. [PL 1987, c. 141, Pt. A, §4 (NEW).]
23 M.R.S. § 1966 — ME Code / Title 23 / Part 1 / Chapter 24 / Section 1966
23 §1966. Obligations of the authority
Status: in_force

The authority shall operate as follows. [PL 1981, c. 595, §3 (NEW).]

1. General. All expenses incurred in carrying out this chapter shall be paid solely from funds provided under the authority of this chapter, and no liability or obligation may be incurred under this chapter beyond the extent to which money shall have been provided under the authority of this chapter. [PL 1981, c. 595, §3 (NEW).]

2. Coordination between authority and department on construction or reconstruction. Construction or reconstruction of the turnpike and its connecting tunnels and bridges, overpasses, underpasses, interchanges and toll facilities must be coordinated with the department and performed in a fashion generally consistent with applicable department standards under oversight of professional engineers registered in the State. The department shall coordinate with the authority on all department projects that are likely to affect turnpike projects and operations. Contractors and subcontractors on all authority construction and reconstruction projects must be equal opportunity employers and, in connection with contracts in excess of $250,000, also pursue in good faith affirmative action programs designed to remedy underrepresentation of minorities, women and persons with disabilities. The authority may by rule provide for the enforcement of this requirement. To the extent practical, the authority may use program and technical information developed by and available through the Department of Transportation to carry out this subsection. All authority construction and reconstruction projects are governed by the prevailing wage provisions in Title 26, chapter 15 . [PL 2011, c. 302, §11 (AMD).]

2-A. Contracts for goods and services. Except as otherwise permitted by law, contracts for goods and services must be awarded by the authority through a competitive procurement process. The requirement for competitive procurement may be waived: A. By the executive director when the purchase is for $25,000 or less and the executive director determines that procurement from a single source is the most economical, effective and appropriate means of fulfilling a demonstrated need; [PL 2011, c. 302, §12 (NEW).] B. By the chair of the board when the chair determines that procurement is required by a state of emergency; or [PL 2011, c. 302, §12 (NEW).] C. By the board pursuant to a written finding that: (1) Procurement from a single source is the most economical, effective and appropriate means of fulfilling a demonstrated need; (2) The service or product is uniquely available from only one source; or (3) Only one known source can meet the authority's needs within the required time. [PL 2011, c. 302, §12 (NEW).] [PL 2011, c. 302, §12 (NEW).]

2-B. Contracts for engineering services. When bond indentures require the authority to appoint an engineering consultant who may thereby gain a disproportionate advantage when competing for other design and inspection contracts, the authority shall adopt policies to mitigate this advantage and promote a fair distribution of the available work among qualified competing applicants. [PL 2011, c. 302, §13 (NEW).]

3. Bonds not to be pledges of State. Turnpike revenue bonds issued under this chapter, including any notes or other evidences of indebtedness or obligations defined to be bonds under this chapter, shall not be deemed to be a debt of the State or a pledge of the faith and credit of the State, but these bonds shall be payable exclusively from the fund provided in this chapter for that purpose from tolls or other operating revenues. All these bonds shall contain a statement on their face that the State shall not be obligated to pay the same or the interest thereon and that the faith and credit of the State shall not be pledged to the payment of the principal of or interest or premium on such bonds. The issuance of bonds or refunding bonds under this chapter shall not directly or indirectly or contingently obligate the State to levy or to pledge any form of taxation whatever therefor or to make any appropriation for the payment thereof or the interest or premium thereon. [PL 1981, c. 595, §3 (NEW).]

4. Semiannual report. [PL 2015, c. 5, §6 (RP).]

5. Fair practices; affirmative action. The authority is subject to and shall comply with Title 5, chapter 65 . [PL 1991, c. 435, §2 (NEW).]
23 M.R.S. § 58 — ME Code / Title 23 / Part 1 / Chapter 3 / Section 58
23 §58. Supplies from Federal Government
Status: in_force

The department is authorized and empowered to obtain from the Federal Government or any agency thereof, through purchase or gift, supplies, materials and equipment which is adaptable to highway maintenance and construction. Such supplies, materials and equipment may be sold, leased or given by the department to the several towns in the State which make a written request therefor, on such terms and conditions as the department, in its discretion, deems necessary. [PL 1971, c. 593, §22 (AMD).]
23 M.R.S. § 1965 — ME Code / Title 23 / Part 1 / Chapter 24 / Section 1965
23 §1965. Maine Turnpike Authority; powers
Status: in_force

1. Powers. The Maine Turnpike Authority, as created by Private and Special Law 1941, chapter 69 and as authorized by Title 5, section 12004-F, subsection 4 , is and continues to be a body both corporate and politic in the State and may: A. Sue and be sued; [PL 1981, c. 595, §3 (NEW).] B. Have a seal and alter the seal at pleasure; [PL 1981, c. 595, §3 (NEW).] C. Adopt from time to time and amend bylaws covering its procedure and rules governing use of the turnpike and any of the other services made available in connection with the turnpike; develop and adopt, in accordance with Title 5, chapter 375 , rules governing the use of the turnpike and other services; publish those bylaws, rules as publication is necessary or advisable; and cause records of its proceedings to be kept; [PL 2011, c. 302, §10 (AMD).] D. Construct, maintain, reconstruct and operate a toll turnpike from a point at or near Kittery in York County to a point at or near Augusta in Kennebec County, except that the traveled way may not be widened or expanded beyond 3 lanes for each direction of travel from the southern terminus of the turnpike to mile marker 53 and beyond 2 lanes for each direction of travel elsewhere on the turnpike without the express approval of the Legislature. A license, permit or approval necessary for the widening or expansion of the turnpike may not be issued by any state agency unless that agency makes an affirmative finding that the widening or expansion is consistent with state transportation policy, as established in section 73 , as well as rules implementing that policy; [PL 2015, c. 5, §3 (AMD).] D-1. Construct, acquire, install, maintain and reconstruct communications facilities and equipment within the boundaries of the turnpike for the use of the authority, the use of others or both on such terms and conditions as the authority may determine; [PL 2003, c. 572, §1 (AMD).] D-2. Construct, maintain, reconstruct and operate a connector in Cumberland County from Route 114 in South Gorham to an interchange on the turnpike to address safety and mobility deficiencies in a manner that maximizes public safety, enhances the mobility of people and goods and minimizes adverse effects on the community in accordance with local and regional comprehensive planning; [PL 2017, c. 68, §2 (NEW).] E. Acquire, hold and dispose of personal property for its purposes; [PL 1981, c. 595, §3 (NEW).] F. Acquire in the name of the authority by purchase, eminent domain, lease or otherwise, real property and rights or easements therein determined by it necessary or desirable for its purposes, and use that property; [PL 2011, c. 302, §10 (AMD).] G. Acquire any such real property by the exercise of the power of eminent domain in the manner provided by section 1967 ; [PL 1981, c. 595, §3 (NEW).] H. Charge and collect fees, fares and tolls for the use of the turnpike and other services made available in connection with the turnpike and use the proceeds of such fees, fares and tolls for the purposes provided in this chapter, both as subject to and in accordance with such agreement with bondholders as may be made as provided in this chapter; [PL 1981, c. 595, §3 (NEW).] I. Make contracts with the United States or any instrumentality or agency of the United States, another state or any instrumentality, municipality or agency of another state, including multi-state entities composed of other state agencies, this State or any of its agencies or instrumentalities, municipalities, public corporations, or bodies existing therein, private corporations, partnerships, associations and individuals; [PL 2001, c. 440, Pt. I, §1 (AMD).] J. Accept grants and the cooperation of the United States or any agency thereof in the construction, maintenance, reconstruction, operation and financing of the turnpike and do any and all things necessary in order to avail itself of that aid and cooperation and repay any such grant or portion thereof; [PL 1981, c. 595, §3 (NEW).] J-1. Contract with other public agencies and political subdivisions of the State to provide maintenance services in accordance with reimbursement arrangements that are satisfactory to the authority ; [PL 2011, c. 302, §10 (AMD).] K. Employ such assistants, agents and servants, engineering, traffic, architectural and construction experts and inspectors and attorneys and such other employees as it considers necessary or desirable for its purposes; [PL 2011, c. 302, §10 (AMD).] L. Exercise any of its powers in the public domain of the United States, unless the exercise of those powers is not permitted by the laws of the United States; [PL 1981, c. 595, §3 (NEW).] M. Borrow money, make, issue and sell at public or private sale negotiable notes, bonds and other evidences of indebtedness or obligations of the authority for the purposes set forth in this chapter and secure the payment of that obligation or any part thereof by pledge of all or any part of the operating revenues of the turnpike; [PL 1981, c. 595, §3 (NEW).] N. Enter into loan or security agreements with one or more lending institutions, including, but not limited to, banks, insurance companies and pension funds, or trustees for those institutions for purposes for which bonds may be issued and to exercise with respect to such loan or security agreements all of the powers delineated in this chapter for the issuances of bonds; [PL 1981, c. 595, §3 (NEW).] O. [PL 1993, c. 680, Pt. A, §25 (RP).] O-1. Provide for an annual amount not to exceed a maximum of $4,700,000 to secure obligations issued pursuant to section 1968, subsection 2‑A or to pay principal, interest or premium, if any, with respect to these obligations, after money has been set aside or adequate provision has been made to pay operating expenses and to meet the requirements of any resolution authorizing revenue bonds of the authority; [PL 1995, c. 504, Pt. C, §4 (NEW).] O-2. Make a contract or enter into an agreement with or provide certifications and assurances to the Department of Transportation, or any other 3rd party, necessary in connection with the determination of department projects, the issuance of bonds or other obligations pursuant to section 1968, subsection 2‑A , the pledge of revenues to the payment of these bonds or obligations or the payment of the costs or a portion of the costs of department projects; [PL 2011, c. 302, §10 (AMD).] P. Provide from revenues to or for the use of the department funds for the maintenance, construction or reconstruction of interchanges for which the authority has not otherwise provided; [PL 2015, c. 5, §4 (AMD).] Q. Use toll revenues to provide payment of obligations, if any, as may be due to the United States in order to continue the use of the turnpike as a toll type facility; [PL 1981, c. 595, §3 (NEW).] R. [PL 1993, c. 410, Pt. MM, §5 (RP).] S. Prior to the issuance of any bonds, issue interim certificates in such manner and with such conditions as the authority may determine to be exchanged for those bonds when issued; [PL 1991, c. 622, Pt. EE, §1 (AMD).] S-1. Utilize the Department of Transportation, Office of Legal Services or the Department of the Attorney General for general counsel, bond counsel, labor defense, workers' compensation, legislative issues and other required legal services on a fee-for-service basis at rates determined by those agencies; [PL 1993, c. 612, §3 (AMD).] T. Take all other lawful action necessary and incidental to these powers; [PL 2003, c. 311, §1 (AMD).] U. Adopt rules, in accordance with the Maine Administrative Procedure Act, to establish a logo signing program on the turnpike. The authority may charge fees for signs that contain names, symbols, logos or other identifiers of specific commercial enterprises. This paragraph may not be interpreted as limiting the authority's general power to collect fees under paragraph H ; [PL 2011, c. 302, §10 (AMD).] V. Develop programs whereby a patron of the turnpike who uses the authority's electronic toll collection system, as defined in section 1980, subsection 2‑A, paragraph B , may elect to use the patron's electronic toll collection system device to pay for services other than tolls for the use of the turnpike, whether those services are provided by the authority itself or 3rd parties, and allow the patron to participate in similar programs developed by other tolling authorities; and [PL 2011, c. 302, §10 (AMD).] W. Provide, receive or exchange services with other political agencies, political subdivisions of a state or tolling authorities upon terms beneficial to the authority. [PL 2011, c. 302, §10 (NEW).] [PL 2017, c. 68, §2 (AMD).]

2. Membership of the authority. [PL 2011, c. 302, §10 (RP).]
23 M.R.S. § 3033 — ME Code / Title 23 / Part 3 / Chapter 304 / Section 3033
23 §3033. Rights of action concerning ways deemed vacated
Status: in_force

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 pertains, is recorded, a conformed copy of the notice set forth in this subsection, with an alphabetical listing of the names of the current record owners of lots on the subdivision plan to which the notice pertains and their mortgagees of record. The person shall give notice of his claim to these current record owners and their mortgagees of record. Within 20 days of recording of the notice, the person shall give this notice by mailing, by the United States postal service, postage prepaid, to the current record owners and mortgagees, a copy of the notice set forth below: NOTICE By virtue of the Maine Revised Statutes, Title 23, section 3032 , the following proposed, unaccepted ways or portions of proposed, unaccepted ways were deemed by law to have been vacated by the municipal officers of (name of town or city) ________________ . The ways or portions of ways so vacated are shown on a plan (named) (dated) (and) recorded in the ______________ County Registry of Deeds, Book of Plans, Volume ________ , Page ______ , (Folio #) and are described as follows: (Herein list vacated ways or portions of ways) The undersigned claims to own the (way or ways) (portion of way or ways) described above. Any person claiming an interest in (this way or these ways) (a portion of this way or these ways) adverse to the claim of the undersigned, within one year from the date of recording of a copy of this notice in the registry of deeds, must file a written claim, under oath, in the same registry and, within 180 days thereafter, must commence an action in Superior Court in _______________ County in accordance with the Maine Revised Statutes, Title 23, section 3033 . A copy of this notice was recorded in the registry of deeds on _____________ , 19___ . [PL 1987, c. 385, §2 (NEW).]

2. Rights of action by persons receiving notice. All persons receiving a notice under subsection 1 , who claim any private right of any kind in the way or portion of a way to which the notice pertains, are forever barred from maintaining any action at law or in equity to establish, recover, confirm or otherwise enforce any right claimed to or in the way or portion of a way by reason of the ownership by the person, or by a predecessor in title, of a lot or parcel of land shown on the recorded subdivision plan to which the notice pertains, unless, within one year from the date of recording of the notice, the person files in the registry of deed where the pertinent subdivision plan is recorded a statement, under oath, specifying the nature, basis and extent of the claimed interest in the way or portion of a way. The claim is forever barred unless, within 180 days of the recording of the statement, the claimant, or a person acting on his behalf, commences an action in equity under Title 14, chapter 723 , to establish the rights asserted to or in the way or portion of a way. The limitation periods in this section are not tolled or interrupted by any disability, minority, lack of knowledge or absence from this State by the claimant. [PL 1987, c. 385, §2 (NEW).]

3. Trial of an action. Upon trial of an action initiated under subsection 2 , the court shall grant judgment for the claimant only if it finds that: A. The claimant has acquired an interest in the way or portion of a way; and [PL 1987, c. 385, §2 (NEW).] B. The deprivation of the claimant's rights in the way or portion of the way unreasonably limits the claimant's access from his land shown on the recorded subdivision plan to: (1) A public way; (2) A public body of water; or (3) Common land or a common facility within the subdivision. [PL 1987, c. 385, §2 (NEW).] Any judgment rendered by the court in an action under subsection 2 , in the discretion of the court, may grant the claimant reasonable damages instead of establishment of the claimant's rights, except that under no circumstances shall a municipality be liable for any damages granted by any judgment rendered by the court under subsection 2 . [PL 1987, c. 385, §2 (NEW).]
23 M.R.S. § 3029 — ME Code / Title 23 / Part 3 / Chapter 304 / Section 3029
23 §3029. Damages; appeal
Status: in_force

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 of the damages awarded to owners of property or interests therein under this chapter may, within 60 days after the day of taking, appeal to the Superior Court in the county where the property lies. The court shall determine damages by a verdict of its jury or, if all parties agree, by the court without a jury or by a referee or referees and shall render judgment for just compensation, with interest where such is due, and for costs in favor of the party entitled thereto. [PL 1975, c. 711, §8 (NEW).]

Any person aggrieved by the action or nonaction of municipal officers or the municipal legislative body in proceedings under this chapter, other than a determination of damages, may appeal to the Superior Court in the county where the property lies, pursuant to Rule 80B of the Rules of Civil Procedure. [PL 1975, c. 711, §8 (NEW).]
23 M.R.S. § 8004 — ME Code / Title 23 / Part 7 / Chapter 621 / Section 8004
23 §8004. Contracts; studies
Status: in_force

In order to implement section 8003 and the purposes of this chapter, the authority is directed to: [PL 1995, c. 374, §3 (NEW).]

1. Conduct studies. Conduct or cause to be conducted any studies that the authority determines necessary or proper; [PL 1995, c. 374, §3 (NEW).]

2. Enter into contracts. Enter into and fulfill any contracts and agreements the authority determines necessary or proper; [PL 1995, c. 374, §3 (NEW).]

3. Acquire property. Acquire property, including, but not limited to, railroad lines, both within and outside of this State; and [PL 1995, c. 374, §3 (NEW).]

4. Cooperate with government agencies. Cooperate and enter into agreements, contracts and compacts with any government agency, the National Railroad Passenger Corporation and any other person, public or private. [PL 1995, c. 374, §3 (NEW).]