23 M.R.S. § 5165 — ME Code / Title 23 / Part 7 / Chapter 605 / Section 5165
23 §5165. Vote to redeem prior mortgage and assessments
Status: in_force

If any part of the property or franchise is subject to a prior mortgage, the new corporation, at a legal meeting called for that purpose, may vote to redeem the property or franchise and make an assessment on all holders of stock, certificates for fractions of stock, bonds or coupons in the corporation in proportion to their amounts. The directors shall immediately assess the sum and fix a time and place for the payment of it to the treasurer, who shall publish notice accordingly 6 weeks successively in some newspaper, if any, in each of the counties where the road extends, the last publication to be at least 2 weeks before the time fixed for payment. [PL 1987, c. 141, Pt. A, §4 (NEW).]
23 M.R.S. § 4251 — ME Code / Title 23 / Part 5 / Chapter 410 / Section 4251
23 §4251. Public-private partnerships; transportation projects
Status: in_force

1. Definitions. As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. A. "Agreement" means a contract between the department and a private entity to create a public-private partnership that allows for private sector participation in the financing, development, operation, management, ownership, leasing or maintenance of a transportation facility and that sets forth rights and obligations of the department and the private entity in that partnership. [PL 2009, c. 648, Pt. A, §1 (NEW).] B. "Project" means the initial capital development of a transportation facility. [PL 2009, c. 648, Pt. A, §1 (NEW).] C. "Proposal" means a conditional offer of a private entity that, after review, negotiation, documentation and legislative approval, may lead to an agreement as provided in this subchapter. [PL 2009, c. 648, Pt. A, §1 (NEW).] D. "Transportation facility" means a facility that is or if developed would be within the jurisdiction of the department including a highway, bridge, railroad line, pier, airport, trail, ferry vessel, building or other improvement. [PL 2009, c. 648, Pt. A, §1 (NEW).] [PL 2009, c. 648, Pt. A, §1 (NEW).]

2. Applicability. This subchapter applies to a proposal or agreement for a private entity to form a public-private partnership when the department estimates that the initial capital cost of a project is $25,000,000 or more or when the proposal includes placing tolls on existing transportation facilities that were not previously subject to tolls. Nothing in this section is intended to prohibit or otherwise affect programs that do not meet the criteria of this subsection. [PL 2009, c. 648, Pt. A, §1 (NEW).]

3. Authorization. Notwithstanding any other provision of law, the department is authorized to receive or solicit proposals to form a public-private partnership with respect to a transportation facility. Proposals must be reviewed in accordance with this subchapter. Upon approval of the Legislature as provided in this subchapter, the department may enter into an agreement. All proposals must comply with section 73 . [PL 2015, c. 263, §1 (AMD).]

4. Standards for review. Before submitting a proposal to the Legislature for approval the department must find that the proposal meets the following standards. A. The purpose of and need for the transportation facility must be consistent with the long-term planning of the department. [PL 2009, c. 648, Pt. A, §1 (NEW).] B. The private entity must have the financial, technical and operational capacity to discharge the responsibilities set forth in the proposal cost-effectively and responsibly as determined by the department. This capacity must include, but is not limited to, meeting department prequalification standards for professional engineering services and general contracting. [PL 2009, c. 648, Pt. A, §1 (NEW).] C. The proposed transportation facility must be owned, controlled, operated and maintained in a manner satisfactory to the department. [PL 2009, c. 648, Pt. A, §1 (NEW).] D. The proposal must be cost-effective in the long term. [PL 2009, c. 648, Pt. A, §1 (NEW).] E. The proposal must limit the use of state capital funding to less than 50% of the initial capital cost of the transportation facility and to the extent practicable minimize the use of transportation funding sources such as the Highway Fund, general obligation bonds supported by the Highway Fund, the TransCap Trust Fund under Title 30‑A, section 6006‑G and program funding provided by the Federal Highway Administration. [PL 2009, c. 648, Pt. A, §1 (NEW).] F. If the proposed transportation facility is to be supported by tolls or other user fees, the private entity must provide a traffic and revenue study prepared by an expert acceptable to the department and national bond rating agencies. The private entity must also provide a finance plan consistent with the traffic and revenue study that identifies the proposal costs, revenues by source, financing, major assumptions, internal rate of return on private investments and whether any government funds are assumed to deliver a cost-feasible project and that provides a total cash flow analysis beginning with implementation of the project and extending for the term of the agreement. [PL 2009, c. 648, Pt. A, §1 (NEW).] G. The proposal must demonstrate safeguards adequate to ensure that no significant additional costs or service disruptions would be borne by the traveling public and residents of the State if the private entity defaults or cancels the agreement. [PL 2009, c. 648, Pt. A, §1 (NEW).] H. The proposal must include a provision that any contractor performing construction work required by the agreement must furnish performance and payment bonds or irrevocable letters of credit in an amount equal to the cost of the construction work. Any action on such a payment bond or irrevocable letter of credit is subject to the requirements of Title 14, section 871, subsection 4 . [PL 2009, c. 648, Pt. A, §1 (NEW).] I. The proposal and the transportation facility must comply with all requirements of applicable federal, state and local laws and department rules, policies and procedures. [PL 2009, c. 648, Pt. A, §1 (NEW).] J. The proposal must identify the law enforcement jurisdictions and responsibilities relative to the transportation facility. [PL 2009, c. 648, Pt. A, §1 (NEW).] K. The proposal must provide that all reasonable costs of substantially affected local governments and utilities related to the transportation facility are borne by the private entity or are otherwise provided for to the satisfaction of the department. [PL 2009, c. 648, Pt. A, §1 (NEW).] L. [PL 2013, c. 208, §1 (RP).] [PL 2013, c. 208, §1 (AMD).]

5. Proposal and selection processes; solicited and unsolicited. The department may request proposals from private entities for a public-private partnership for a transportation facility or may accept unsolicited proposals pursuant to this subsection. A. If the department receives an unsolicited proposal and determines that it meets the standards in this subchapter, the department shall publish a notice of the receipt of the proposal on the department's publicly accessible website or through advertisements in newspapers. If a notice is published 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 transportation facility is to be located if any such newspaper is circulated in that county. The notice must provide that the department will accept, for 120 days after the initial date of publication, proposals meeting the standards in subsection 4 from other private entities for transportation facilities that satisfy the same basic purpose and need. A copy of the notice must be mailed to each local government in the area affected by the proposal. [PL 2009, c. 648, Pt. A, §1 (NEW).] B. After the proposal or proposals have been received, and any public notification period has expired, the department shall rank the proposals in order of preference. In ranking the proposals, the department may consider factors that include, but are not limited to, professional qualifications, general business terms, innovative engineering or cost-reduction terms, finance plans and the need for state funds to deliver the project and discharge the agreement. The department shall undertake negotiations with the private entity submitting the 1st-ranked proposal. If the department is not satisfied with the results of the negotiations, the department may, at its sole discretion, terminate negotiations with that entity and the department may negotiate with the other entities in order of the ranking of their proposals. If only one proposal is received, the department shall negotiate in good faith and, if the department is not satisfied with the results of the negotiations, the department may, at its sole discretion, terminate negotiations. [PL 2009, c. 648, Pt. A, §1 (NEW).] C. The department may require that the private entity assume responsibility for all costs incurred by the State or local governments before execution of the agreement, including costs of retaining independent experts to review, analyze and advise the department with respect to the proposal. [PL 2009, c. 648, Pt. A, §1 (NEW).] [PL 2009, c. 648, Pt. A, §1 (NEW).]

6. Tolls; fares. An agreement may authorize the private entity to impose tolls or fares for the use of the transportation facility. The following provisions apply to such an agreement. A. The agreement must be consistent with the traffic and revenue study required under subsection 4, paragraph F . [PL 2009, c. 648, Pt. A, §1 (NEW).] B. The agreement must ensure that the transportation facility and any related toll facility are properly operated and maintained in accordance with department standards or standards generally accepted in the transportation industry. [PL 2009, c. 648, Pt. A, §1 (NEW).] C. The agreement must include provisions governing changes in tolls or fares. [PL 2009, c. 648, Pt. A, §1 (NEW).] D. The department may require provisions in the agreement that ensure that a negotiated portion of revenues from a toll-generating or a fare-generating transportation facility is returned to the department over the life of the agreement. [PL 2009, c. 648, Pt. A, §1 (NEW).] [PL 2009, c. 648, Pt. A, §1 (NEW).]

7. Exercise of powers. If the department exercises its power of eminent domain for the development and construction of a transportation facility pursuant to this subchapter and section 73 , the department must retain ownership rights and interests taken. The department's power of eminent domain may not be conferred on a private entity. The State may provide maintenance, law enforcement and other services with respect to a transportation facility owned by a private entity when the agreement provides for reasonable reimbursement for such services. [PL 2015, c. 263, §2 (AMD).]

8. Term of agreement. An agreement may not exceed a term of 50 years unless the Legislature, upon the recommendation of the Commissioner of Transportation, approves a longer term. [PL 2009, c. 648, Pt. A, §1 (NEW).]

9. Legislative approval. If the department determines that a public-private partnership proposal and draft agreement meets the standards of this subchapter, the department shall submit to the Legislature a bill that authorizes the agreement. The bill must include a statement that the proposal meets the standards in subsection 4 , a summary of the substance of the draft agreement and a description of the nature and amount of state investment, if any, including effects on programmed capital work. If legislative approval is granted, the department shall report to the joint standing committee of the Legislature having jurisdiction over transportation matters by February 1st of each year as to the status of the project and any substantive changes to the public-private partnership proposal. [PL 2015, c. 263, §2 (AMD).]

10. Information in public record. Except as provided in subsection 10‑A , information obtained by the department under this subchapter is a public record pursuant to Title 1, chapter 13, subchapter 1 . [PL 2013, c. 208, §2 (RPR).]

10-A. Confidential information. Information submitted to the department relating to a public-private partnership proposal under this subchapter is confidential and not a public record under Title 1, chapter 13, subchapter 1 if the private entity submitting the information designates the information as being only for the confidential use of the department and if: A. The information is a trade secret as defined in Title 10, section 1542, subsection 4 ; or [PL 2013, c. 208, §3 (NEW).] B. Disclosure of the information would result in a business or competitive disadvantage, loss of business, invasion of privacy or other significant detriment to the private entity to whom the record belongs or pertains. [PL 2013, c. 208, §3 (NEW).] If legal action is filed to gain access to the information designated as confidential under this subsection, the private entity must defend its designation and the department shall release the information in accordance with the order of the reviewing court. Failure to defend the designation under this subsection constitutes a waiver of confidentiality by the private entity and the department shall release the information. [PL 2013, c. 208, §3 (NEW).]

11. Report of proposals. By February 1st, annually, the department shall provide to the joint standing committee of the Legislature having jurisdiction over transportation matters a report summarizing all proposals that the department has determined meet the standards of this subchapter or that have been finally rejected during the previous calendar year. [PL 2009, c. 648, Pt. A, §1 (NEW).]

12. Rules. The department may adopt rules to implement this subchapter. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2009, c. 648, Pt. A, §1 (NEW).]
23 M.R.S. § 568 — ME Code / Title 23 / Part 1 / Chapter 9 / Section 568
23 §568. Emergency improvements
Status: in_force

In case of an emergency as determined by the department, the department may perform any maintenance or capital improvement to a structure. [PL 2001, c. 314, §2 (NEW); PL 2001, c. 314, §4 (AFF).]
23 M.R.S. § 3027-A — ME Code / Title 23 / Part 3 / Chapter 304 / Section 3027-A
23 §3027-A. Recording of vacation orders; rights of action; prior orders
Status: in_force

1. Recording of vacation order. A copy of the order of vacation by the municipal officers entered under section 3027 shall be recorded in the registry of deeds where the plan of subdivision is recorded and shall contain an alphabetical listing of the names of the subdivision lot owners and their mortgagees of record whose interests may be affected by the order. The register of deeds shall make a cross-reference to the order of vacation upon or attached to the face of the subdivision plan. The register of deeds shall also index the order under the names of the lot owners whose names appear in the body of the order. Any order of vacation entered prior to the effective date of this section may be recorded by the municipal officers in the same manner and with the same effect set forth in this section. [PL 1981, c. 683, §3 (NEW).]

2. Rights of action. All persons 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 a proposed or described vacated way by reason of the ownership by the claimant or by a predecessor in title of a lot or parcel of land shown on a recorded subdivision plan, unless, within one year of the date of recordation of the order of vacation, the claimant files in the registry of deeds where the subdivision plan is recorded a statement under oath specifying the nature, basis and extent of the claimed interest in the way. The claim is forever barred unless, within 180 days after the recording of the statement, the claimant or any other person acting on behalf of the claimant commences an action in equity under Title 14, chapter 723 , to establish the rights asserted to or in the way. These limitation periods are not tolled or interrupted by any disability, minority, lack of knowledge or absence from this State of any claimant. Upon the trial of an action, the court shall grant judgment for the claimant only if it finds that the claimant has acquired an interest in the proposed way and that the deprivation of rights in the proposed way unreasonably limits access from a public way, a public body of water or common land or facility to the land of the claimant shown on the recorded subdivision plan. Any judgment rendered by the court in the action may, in the discretion of the court, grant the claimant reasonable damages instead of establishment of the claimant's rights. [RR 2013, c. 2, §34 (COR).]

3. Prior orders. A person claiming an interest in a proposed unaccepted way vacated under section 3027 prior to the effective date of this section may cause an attested copy of that order to be recorded in the registry of deeds where the subdivision plan describing or showing the way is recorded. That person shall append to the order to be recorded an alphabetical listing of the names of the current subdivision lot owners and their mortgagees of record whose interest in the way may be affected by the order. The register of deeds shall also index the order under the names of the lot owners appearing in the appendix. Within 20 days of the recording of a prior order, the person causing the order to be recorded shall give notice of the person's claim to all current owners of lots on the subdivision plan and their mortgagees of record by mailing by the United States Postal Service, postage prepaid, a notice informing them of the person's claim and advising them that, to preserve any claim adverse to the person's, they must file a claim and commence an action as required by subsection 2 . The notice must conform in substance to the following form: NOTICE On ______________ , 19___, the municipal officers of _________________ (Name of Town or City) entered an order vacating the following (ways) (way) shown upon a subdivision plan (named) (dated) (and) recorded in the _________________ Registry of Deeds Book of Plans, Volume______, Page _____. (Herein list vacated ways) The undersigned claims to own the (ways) (way) described above. A copy of the order of the municipal officers was recorded in the Registry of Deeds on ____________, 19___, and any person claiming an interest in (these ways) (this way) adverse to the claims of the undersigned must, within one (1) year of the date of the recording of the above order, file a written claim under oath in the Registry of Deeds and must, within one hundred eighty (180) days thereafter, commence an action in the Superior Court in ______________ County in accordance with the Revised Statutes, Title 23, section 3027‑A . [RR 2015, c. 1, §24 (COR).]

4. Applicability. This section applies to ways described or shown in recorded subdivision plans proposed before and after the effective date of this section. [PL 1981, c. 683, §3 (NEW).]
23 M.R.S. § 4407 — ME Code / Title 23 / Part 6 / Chapter 412 / Section 4407
23 §4407. Free nonemergency transportation services for catastrophic medical reasons
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Catastrophic illness" means an unforeseen, prolonged and extended illness or medical condition, the medical and associated travel expenses of which are not covered by any other state or federal program or any insurance contract. [PL 2005, c. 472, §1 (NEW).] B. "Free transportation services" means round-trip transportation without charge from an island served by the Maine State Ferry Service to the mainland and back on scheduled trips of vessels of the Maine State Ferry Service for one eligible resident and one personal vehicle to transport the eligible resident to a scheduled medical appointment. "Free transportation services" includes transportation for one adult attendant to accompany an eligible resident to a scheduled medical appointment. [PL 2005, c. 472, §1 (NEW).] C. "Medically necessary" means prescribed by a physician and reasonably necessary to treat a catastrophic illness. [PL 2005, c. 472, §1 (NEW).] D. "Unforeseen, prolonged and extended illness or medical condition" means a severe illness or medical condition of a life-threatening nature, the treatment of which is expected to require a series of procedures or therapeutic interventions at regular intervals extending over a period of months, including, but not limited to, cancer requiring chemotherapy or radiation treatments or kidney disease requiring dialysis treatments. [PL 2005, c. 472, §1 (NEW).] [PL 2005, c. 472, §1 (NEW).]

2. Eligibility. Residents of the island communities served by the Maine State Ferry Service are eligible for free transportation services when traveling to and from regularly scheduled, medically necessary appointments with medical care providers if those appointments pertain to a catastrophic illness. Free transportation services under this section are not available for routine visits to medical care providers or to meet transportation needs arising from an emergency, medical or otherwise. Free transportation services under this section are available only upon approved application. Reimbursement of expenses incurred prior to application for services pursuant to this section is prohibited. [PL 2005, c. 472, §1 (NEW).]

3. Rulemaking authorized. The Maine State Ferry Service may, pursuant to the Maine Administrative Procedure Act, adopt rules necessary to interpret and administer this section. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . The ferry service also may develop, adopt, use and from time to time amend forms for use in connection with the administration of this section. The development, adoption, use and amendment of these forms is exempt from the rule-making process. [PL 2005, c. 472, §1 (NEW).]
23 M.R.S. § 1924 — ME Code / Title 23 / Part 1 / Chapter 21 / Section 1924
23 §1924. License or permits under repealed Title 32, chapter 38
Status: repealed

1. License. Any license issued pursuant to repealed Title 32, section 2713 , shall remain in effect for 6 years from January 1, 1978, provided a licensee shall apply annually and pay the annual fee to the commissioner provided in repealed Title 32, section 2713 . This subsection shall not allow the erection of any sign, pursuant to that license, after January 1, 1978, nor shall this subsection allow the maintenance of any sign removed pursuant to sections 1915 and 1916 . [PL 1981, c. 318, §4 (RPR).]

2. Fee permit. Any permit for which a fee is paid and which is issued pursuant to repealed Title 32, section 2714 , shall remain in effect until the sign for which it is issued is removed pursuant to this chapter, provided a permittee shall apply annually and pay the annual fee to the commissioner provided in repealed Title 32, section 2714. [PL 1981, c. 318, §4 (RPR).]

3. Existing directional signs. Upon implementation of this chapter, the commissioner may remove, or require to be removed, any existing directional sign erected and maintained pursuant to section 1153 , Title 32, section 2722 prior to its repeal, and any sign erected and maintained pursuant to Title 32, section 2715 prior to its repeal, which does not qualify as an on-premises sign as defined by section 1914 , or as an official business directional sign as defined by this chapter, no later than 6 years after January 1, 1978. [PL 1981, c. 576, §8 (AMD); PL 2011, c. 115, §4 (REV).]
23 M.R.S. § 3358 — ME Code / Title 23 / Part 3 / Chapter 307 / Section 3358
23 §3358. Filing map of location
Status: in_force

The party applying for a permit for an excavation under sections 3351 to 3358 must file a map or sketch with the road commissioner, the commissioner of public works or such officer as the municipal officers may appoint in the absence of a commissioner, showing the location and size of cuts to be made. [PL 1999, c. 337, §9 (AMD).]
23 M.R.S. § 1651 — ME Code / Title 23 / Part 1 / Chapter 19 / Section 1651
23 §1651. Definition
Status: in_force

To provide funds for the construction of state, state aid and town ways, for the maintenance of state and state aid highways, and interstate, intrastate and international bridges, and for other items of expenditure specified, there is established a fund to be known as the General Highway Fund. This fund shall include all fees received from the registration of motor vehicles and licensing of operators thereof, all fees accruing to the Treasurer of State under Title 25, section 1502 , the receipts from the tax on internal combustion engine fuels, and all sums received on account of the department for permits to open highways, or from other sources, the disposition of which is not otherwise designated by law. After payment from said General Highway Fund of such sums for interest and retirement as are necessary to meet the provisions of bond issues for state highway and bridge construction, the remainder of said fund shall be segregated, apportioned and expended as provided by the Legislature. [PL 1971, c. 593, §22 (AMD).]
23 M.R.S. § 1613 — ME Code / Title 23 / Part 1 / Chapter 19 / Section 1613
23 §1613. Bank resolution; pledge; bond terms
Status: in_force

1. Issuance. The bank shall issue GARVEE bonds from time to time pursuant to a resolution adopted by the bank. The GARVEE bonds issued must be secured pursuant to a pledge and certificate issued by the Department of Transportation and approved by the State Budget Officer. The pledge and certificate must contain provisions that dedicate and pledge receipt of future federal transportation funds to secure the payment of the GARVEE bonds, including principal, interest and issuance costs. The terms of the GARVEE bonds, their repayment schedule and other provisions to facilitate their creditworthiness are determined by the bank in consultation with the Department of Transportation and the State Budget Officer. The pledge and certificate are a part of the contract with the holders of the GARVEE bonds to be authorized. [PL 2007, c. 329, Pt. P, §1 (NEW).]

2. Form and term. The GARVEE bonds must be in the form, bear the date or dates, mature at the time or times and have such other terms as determined by the bank and approved by the Department of Transportation and the State Budget Officer, except that a GARVEE bond may not mature more than 15 years from the date of its issue. [PL 2007, c. 329, Pt. P, §1 (NEW).]

3. Not a state liability. GARVEE bonds issued under this section do not constitute a debt or liability of the State or of any political subdivision of the State, or a pledge of the full faith and credit of the State or of any political subdivision of the State, but are payable solely from the funds and revenues pledged for that purpose. [PL 2007, c. 329, Pt. P, §1 (NEW).]

4. Proceeds. The proceeds from the sale of the GARVEE bonds must be deposited into the appropriate highway fund capital account or other appropriate dedicated revenue account. [PL 2007, c. 329, Pt. P, §1 (NEW).]
23 M.R.S. § 6024 — ME Code / Title 23 / Part 7 / Chapter 607 / Section 6024
23 §6024. Company liable for trespasses on adjoining land
Status: in_force

The corporation is liable for trespasses and injuries to lands and buildings adjoining or in the vicinity of its road committed by a person in its employment or occasioned by its order, if the party injured within 60 days after the injured gives notice to the corporation; but its liability does not extend to acts of willful and malicious trespass. The person committing a trespass is also liable. [PL 1987, c. 141, Pt. A, §4 (NEW).]
23 M.R.S. § 3273 — ME Code / Title 23 / Part 3 / Chapter 305 / Section 3273
23 §3273. Penalty
Status: in_force

Any person who violates section 3272 commits a civil violation for which a forfeiture not to exceed $500 may be adjudged. [PL 1987, c. 75 (NEW).]
23 M.R.S. § 5163 — ME Code / Title 23 / Part 7 / Chapter 605 / Section 5163
23 §5163. Secured creditors become corporation and trustees shall convey to it
Status: in_force

The foreclosure of the mortgage shall inure to the benefit of all the holders of bonds, coupons and other claims secured thereby. They, their successors and assigns are constituted a corporation as of the date of the foreclosure, for all the purposes and with all the rights and powers, duties and obligations of the original corporation by its charter. The trustees shall convey to that new corporation by deeds all the right, title and interest which they had by the mortgage and the foreclosure, and thereupon they shall be discharged. If they neglect or refuse so to convey, the court, on application for equitable relief, may compel them to do so. [PL 1987, c. 141, Pt. A, §4 (NEW).]
23 M.R.S. § 6012 — ME Code / Title 23 / Part 7 / Chapter 607 / Section 6012
23 §6012. Appeals; notice and proceedings
Status: in_force

Any person, aggrieved by the decision or judgment of the county commissioners in relation to damages for land taken for railroad purposes, may appeal to the Superior Court to be held in the county where the land is situated, within 30 days after the report of the commissioners is made, which court shall determine the damages by a committee of reference if the parties so agree or by a verdict of its jury and shall render judgment and issue execution for the damages recovered, with costs to the party prevailing in the appeal. No committee or jury shall alter the requirements in the report of the commissioners. The appellants shall, when the appeal is taken, include in the complaint a statement setting forth substantially the facts of the case and shall give written notice of appeal with a copy of the complaint to the opposite party. An appeal may be taken to the Law Court as in other actions. [PL 1987, c. 141, Pt. A, §4 (NEW).]
23 M.R.S. § 651 — ME Code / Title 23 / Part 1 / Chapter 11 / Section 651
23 §651. State and state aid highways
Status: in_force

The department may alter, widen or change the grade of any state or state aid highway whenever in its judgment the public exigency may require, and may lay out, establish and open a new highway as a state highway, and upon appropriate petition from municipal officers may lay out, establish and open a new highway as a state aid highway. It may discontinue a highway, or a portion thereof, as a state or state aid highway and the same shall be thereafter maintained by the town or county originally liable therefor except as otherwise provided. [PL 1971, c. 593, §22 (AMD).]

The department, in consultation with a municipality, may preserve and develop the natural scenic beauty along and adjacent to any state or state aid highway to integrate the public improvement with the aesthetics of the area traversed by the highway, particularly along those areas of the highway that constitute the entrance to that municipality. The department shall consult with each municipality traversed by a state or state aid highway on the placement of utility poles and signs within the boundaries of that municipality. The department may establish and maintain rest areas, turn-outs and parking strips for the suitable accommodation of the public whenever in its judgment the public exigency may require. [PL 2003, c. 119, §1 (AMD).]

The department may construct ditches and drains to carry water away from any highway that is under its supervision or that it is constructing, and over or through any lands of persons or corporations when it deems it necessary for public convenience or for the proper care of such highway. No such ditch or drain shall pass under or within 20 feet of any dwelling house without the consent of the owner thereof. [PL 1971, c. 593, §22 (AMD).]

Wherever, on or along public highways, ditches or drains have existed for a period of 20 years or longer, which cause water to be flowed away from the highway, there shall be a conclusive presumption that easements for such flowage from such ditches or drains exist, but only to the extent of the original flowage. This paragraph does not apply in the cases protected by section 6025 . [PL 1987, c. 141, Pt. B, §18 (AMD).]

The department shall take into consideration the interests of a municipality as to the location of any state or state aid highway construction or alteration within the boundaries of that municipality. [PL 2003, c. 119, §2 (AMD).]

The department, at its discretion, may authorize a person, corporation or entity who has had conditions imposed pursuant to Title 23, section 704-A or by other governmental review to perform construction work on the state or state aid highway system and on town ways. The performance of the work must be in compliance with the department's standards for highway and bridge construction, traffic control and bonding and any other standards or conditions the department may impose. All of the department's expenses and administrative costs relating to the work must be paid by the person authorized to perform the work. Notwithstanding the Maine Tort Claims Act, Title 14, chapter 741 , the State or its employees are immune from suit for damages arising from any activities performed in connection with this work. [PL 1999, c. 468, §1 (AMD).]
23 M.R.S. § 4202 — ME Code / Title 23 / Part 5 / Chapter 410 / Section 4202
23 §4202. Short title
Status: in_force

This chapter may be known and cited as the Maine Transportation Act. [PL 2011, c. 420, Pt. A, §16 (AMD).]
23 M.R.S. § 954 — ME Code / Title 23 / Part 1 / Chapter 13 / Section 954
23 §954. Picnic areas
Status: in_force

The department is authorized to construct along state and state aid highways roadside picnic areas, roadside springs, scenic turnouts or other landscaping where in the opinion of the department it may seem advisable and place distinguishing signs upon the same. The department is authorized to use for the maintenance of the same such funds as are now available for maintenance of state and state aid highways. In any roadside area along any state or state aid highway where modern flush toilet facilities are provided for public use, there must be provided toilet rooms that are accessible to and usable by the physically disabled, as set out in Title 5, chapter 337, subchapter 5 . The department shall erect and maintain signs along the approach to any roadside area where toilet facilities accessible to the disabled are available that are designed to inform disabled persons that the facilities are available. [PL 2011, c. 613, §25 (AMD); PL 2011, c. 613, §29 (AFF).]
23 M.R.S. § 5071 — ME Code / Title 23 / Part 7 / Chapter 603 / Section 5071
23 §5071. Approval of location; proceedings
Status: in_force

Every corporation organized under this Title, former Title 13-A, Title 13‑C or former Title 35, before commencing the construction of its road, shall present to the Department of Transportation a petition for approval of location, defining its courses, distances and boundaries accompanied with a map of the proposed route; with a profile of the line on the relative scales of profile paper in common use; and with a report and estimate prepared by a skillful engineer from actual survey. The department shall, on presentation of that petition, appoint a day for hearing and the petitioners shall give such notice as the department deems reasonable and proper, in order that all persons interested may have an opportunity to appear and object. If the department, after hearing the petition, approves the proposed location, the corporation may proceed with the construction, provided they first file with the clerk of the county commissioners of each county through which the road passes a plan of the location of the road, defining its courses, distances and boundaries, and a copy of the plan with the department. The location filed may not vary, except to avoid expense of construction, from the route first presented to the department. The location, together with any variation made in that location, must be filed within 2 years from the time when the articles of incorporation are filed in the office of the Secretary of State. The Department of Transportation, upon written application, may extend the time of filing the variations in its discretion. No railroad may be made across tide waters where vessels can navigate without first obtaining special permission of the Legislature. [RR 2001, c. 2, Pt. B, §40 (COR); RR 2001, c. 2, Pt. B, §58 (AFF).]

To carry out its directive to ensure the development and maintenance of safe, efficient and reliable rail transportation, the Department of Transportation may locate and construct railroad lines. The department shall give notice of the location of each such railroad line by publishing a description of the location in a newspaper of general circulation in each county through which the line passes. Before commencing construction, the department shall set a day and time for hearing so that all interested persons have an opportunity to appear. If the department, after hearing, determines to proceed with the construction of the railroad line, the department shall file with the registry of deeds of each affected county a plan of the location of the line defining its course, distance and boundaries. This plan must be kept on file and available to the public at the department's office in Augusta. For the purpose of locating and constructing railroad lines, the department may acquire all necessary property interests through purchase, lease, or condemnation pursuant to section 154 . [PL 2001, c. 74, §1 (NEW).]
23 M.R.S. § 8011 — ME Code / Title 23 / Part 7 / Chapter 621 / Section 8011
23 §8011. Rules of construction
Status: in_force

This chapter must be construed liberally to effectuate the purposes of this chapter. [PL 2005, c. 312, §5 (AMD).]
23 M.R.S. § 1114 — ME Code / Title 23 / Part 1 / Chapter 13 / Section 1114
23 §1114. Preservation of existing monuments
Status: in_force

No person shall willfully or maliciously disturb or injure, or, except as otherwise provided in this subchapter, remove, obliterate, deface or cover up any monument or mark designating this boundary line of the State. Any persons desirous of removing and replacing any such monument or mark may apply in writing to the Department of Transportation, who may grant permission therefor under its supervision, first making provision for preserving the exact location of the original boundary or mark, and giving notice to the State of New Hampshire of the time and place at which proposed action is to be taken. The monument shall be reset in the identical location from which it was removed or at a convenient distance therefrom upon the boundary line. A full description of any change in such monument or mark, signed by the representatives of both states, shall be recorded with the Secretary of State. [PL 1971, c. 593, §22 (AMD).]
23 M.R.S. § 2066 — ME Code / Title 23 / Part 2 / Chapter 203 / Section 2066
23 §2066. Committee sworn
Status: in_force

All such committees provided for in section 2064 , whether agreed on or appointed on appeal from the county commissioners, may be sworn at any time before viewing the route and hearing the parties.
23 M.R.S. § 561 — ME Code / Title 23 / Part 1 / Chapter 9 / Section 561
23 §561. Applicability
Status: in_force

This subchapter applies to all minor spans and bridges, as those terms are defined in this subchapter, that are located on public ways classified as town ways or state aid highways pursuant to section 53 , excluding railroad bridges, bridges over the Maine Turnpike, bridges over interstate highways and bridges over state highways and state aid highways. [PL 2001, c. 314, §2 (NEW); PL 2001, c. 314, §4 (AFF).]
23 M.R.S. § 4305 — ME Code / Title 23 / Part 6 / Chapter 411 / Section 4305
23 §4305. Staff support
Status: in_force

The Department of Transportation shall supply reasonable staff support requested by the board. [PL 1975, c. 580, §4 (NEW).]
23 M.R.S. § 201 — ME Code / Title 23 / Part 1 / Chapter 3 / Section 201
23 §201. Appointment
Status: in_force

The commissioner shall, subject to the Civil Service Law, appoint a civil engineer as chief engineer. [PL 1985, c. 785, Pt. B, §103 (AMD).]
23 M.R.S. § 1979 — ME Code / Title 23 / Part 1 / Chapter 24 / Section 1979
23 §1979. Governmental functions
Status: in_force

It is declared that the purposes of this chapter are public and that the authority shall be regarded as performing a governmental function in the carrying out of the provisions of this chapter. [PL 1981, c. 595, §3 (NEW).]
23 M.R.S. § 7224 — ME Code / Title 23 / Part 7 / Chapter 617 / Section 7224
23 §7224. Expense of removal paid by municipality; partial state reimbursement
Status: in_force

Within a time as the Department of Transportation by order directs, the municipal officers or county commissioners shall cause the bushes to be cut down and removed, or chemically treated, and shall cause the trees, fences, signboards or other encroachments to be trimmed, cut down or removed and from time to time, as may be ordered by the department, to keep them trimmed, cut down or removed, and the expense shall in the first instance be paid by the municipality where the labor is performed, but, on the filing with the department of proper proof of the payment, 1/2 of any amount shall be repaid by the State to the municipality. The payment shall be paid from the appropriation for the operation of the department. Any expense incurred by the department in applying chemical treatment, or to properly trim, cut down or remove and from time to time, as may be necessary, to keep trimmed, cut down and removed, bushes, trees and signboards, shall be borne by the department. [PL 1989, c. 398, §8 (NEW).]
23 M.R.S. § 2002 — ME Code / Title 23 / Part 2 / Chapter 201 / Section 2002
23 §2002. Damages; recovery
Status: in_force

A person entitled to receive payment of damages or costs may, after 30 days from demand on the treasurer of the county or town or on the party liable therefor, recover them in a civil action.
23 M.R.S. § 1973 — ME Code / Title 23 / Part 1 / Chapter 24 / Section 1973
23 §1973. Maintenance of the turnpike
Status: in_force

1. Maintenance and repair. The turnpike shall be maintained and repaired by and under the control of the authority and, at the discretion of the authority, the services of the Department of Transportation, as far as the services are available or expedient, may be utilized for this purpose. All charges and costs for maintenance and repairs actually expended by the department shall be paid to it by the authority. The turnpike shall be operated by such force of toll takers and other operating employees as the authority may in its discretion employ. The authority may utilize the services of the State Police to enforce the rules of the authority with respect to tolls, volume, weight and speed of traffic and with respect to such other matters of enforcement as it may in its discretion require, and all charges and costs for those services actually expended by the State Police shall be paid by the authority to the Treasurer of State in accordance with section 1974, subsection 5 . [PL 1981, c. 595, §3 (NEW).]

2. Speed limit. The authority may by rule prescribe a maximum limitation on the speed of vehicles using the turnpike, but not exceeding 65 miles per hour or such maximum speed as is permitted on similar roads in the State, and so limit the speed at any point or place thereon, and may regulate the volume and weight of vehicles admitted to the turnpike. [PL 1987, c. 257, §1 (AMD).]

3. Tolls. Tolls, or the fixing of tolls, is not rulemaking and is not subject to supervision or regulation by any state commission, board or agency. Subject to subsection 4 , the authority may fix and revise from time to time tolls for the use of the turnpike and the different parts or sections of the turnpike, including, but not limited to, a connector, and charge and collect the tolls, and contract with any person, partnership, association or corporation desiring the use of any part of the turnpike, including the right-of-way adjoining the paved portion. The tolls must be so fixed and adjusted as to provide a fund at least sufficient with other revenues of the turnpike, if any, to pay for each fiscal year: A. The cost of maintaining, repairing and operating the turnpike, and providing and maintaining reasonable reserves for those costs; [PL 1993, c. 698, §1 (AMD).] B. The bonds and the interest on those bonds, and all sinking fund requirements, and other requirements provided by the resolution authorizing issuance of the bonds or by the trust indenture or loan or a security agreement as those bonds, interest, sinking fund requirements and other requirements become due; [PL 1993, c. 698, §1 (AMD).] C. Those sums for the purpose of maintaining, constructing or reconstructing access roads or portions of access roads that have been requested by the department and in the sole discretion of the authority are from time to time determined to warrant the expenditure of turnpike revenues; and [PL 1993, c. 698, §1 (AMD).] D. The cost of maintaining, constructing or reconstructing interchanges. [PL 1981, c. 595, §3 (NEW).] The authority may use any method for assessing and collecting tolls, including but not limited to toll tickets, barrier toll facilities, billing accounts, commuter passes and electronic recording or identification devices. The display of a recording or identification device issued or authorized by the authority for these purposes on or near the windshield of a motor vehicle is not a violation of a law or rule, including but not limited to Title 29-A , sections 1916 and 2082, unless the device is attached in a way that obstructs the driver's clear view of the highway or an intersecting highway. [PL 2017, c. 68, §5 (AMD).]

4. Rates. The rate of toll at each toll facility may be revised from time to time. A. [PL 2011, c. 476, §4 (RP).] A-1. The authority is prohibited from imposing variable surcharges based on the time of day. [PL 2011, c. 476, §4 (AMD).] B. A reduction in the rates of fees, fares and tolls may be given to any class of vehicle based upon volume of use. [PL 2011, c. 476, §4 (AMD).] [PL 2011, c. 476, §4 (AMD).]

5. Use by military. The turnpike may be used at any and all times by the Armed Forces of the United States, the State or any of their allies for defense purposes or preparations therefor free of all tolls and charges, and that use shall not constitute a taking of property without due process, provided that any structural damage to the turnpike created by that free use, ordinary deterioration or depreciation excepted, shall be compensated for at cost of repair or replacement. [PL 1981, c. 595, §3 (NEW).]
23 M.R.S. § 1802-A — ME Code / Title 23 / Part 1 / Chapter 19 / Section 1802-A
23 §1802-A. Definitions
Status: in_force

As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1989, c. 516, §2 (NEW).]

1. Average lane miles maintained. [PL 1999, c. 473, Pt. D, §2 (RP).]

1-A. Capital improvement. "Capital improvement" means any work on a road or bridge that has a life expectancy of at least 10 years or restores the load-carrying capacity. [PL 1999, c. 473, Pt. D, §3 (NEW).]

2. Lane miles. "Lane miles" means a length of road measured in miles multiplied by the number of travel lanes for that length of road. [PL 1995, c. 678, §2 (NEW); PL 1995, c. 678, §7 (AFF).]
23 M.R.S. § 3028-A — ME Code / Title 23 / Part 3 / Chapter 304 / Section 3028-A
23 §3028-A. Abandonment of town ways
Status: in_force

Beginning October 1, 2021, a town way, or portion thereof, may not be declared discontinued by abandonment unless the municipality or county where the proposed abandoned town way is situated complies with the requirements of this section. A municipality or its officials or a county or its officials are not liable for nonperformance of a legal duty with respect to a town way declared discontinued by abandonment in accordance with this section. [PL 2021, c. 145, §2 (NEW); PL 2021, c. 145, §3 (AFF).]

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Affected property" means real property that abuts the town way to be declared discontinued by abandonment and real property for which the town way is the only access route. [PL 2021, c. 145, §2 (NEW); PL 2021, c. 145, §3 (AFF).] B. "Best practicable notice" means, at minimum, the mailing of notice by the United States Postal Service, postage prepaid, first class, to affected property owners whose addresses appear in the assessment records of the municipality or county. [PL 2021, c. 145, §2 (NEW); PL 2021, c. 145, §3 (AFF).] [PL 2021, c. 145, §2 (NEW); PL 2021, c. 145, §3 (AFF).]

2. Declaration of abandonment. Municipal officers or county commissioners may vote to declare a town way discontinued by abandonment if: A. For a period of 30 or more consecutive years, the town way was not kept passable for the use of motor vehicles at the expense of the municipality or county. Isolated acts of maintenance by the municipality or county without other evidence that shows a clear intent by the municipality or county to consider or use the town way as if it were a public way as defined in section 1903, subsection 11 does not negate evidence that the town way was not kept passable for the use of motor vehicles; and [PL 2021, c. 145, §2 (NEW); PL 2021, c. 145, §3 (AFF).] B. The municipal officers or county commissioners vote to declare the town way discontinued by abandonment at a regularly scheduled meeting of the municipal officers or county commissioners. If the municipal officers or county commissioners vote to declare a town way discontinued by abandonment, they must also vote on whether a public easement is retained. [PL 2021, c. 145, §2 (NEW); PL 2021, c. 145, §3 (AFF).] A municipality or county may not declare a town way discontinued by abandonment if evidence is presented to the municipal officers or county commissioners at a meeting held pursuant to paragraph B or a public hearing held pursuant to subsection 4 that the municipality or county received funds for any portion of the town way that is the subject of the discontinuance by abandonment for more than 84 months of the period of 30 or more consecutive years specified in paragraph A . [PL 2021, c. 145, §2 (NEW); PL 2021, c. 145, §3 (AFF).]

3. Notification of discontinuation by abandonment. The municipal officers or county commissioners shall give best practicable notice to all affected property owners of the town way to be declared discontinued by abandonment at least 30 days prior to the meeting required in subsection 2, paragraph B . A. The notice must include information regarding the potential retention of a public easement, and: (1) The affected property owners' maintenance obligations for and right of access to the town way, if any; (2) The right of access to the town way by the public if a public easement is retained; and (3) Information regarding the rights of affected property owners to enter into agreements regarding maintenance of and access to that town way, including the right of affected property owners to create private easements. [PL 2021, c. 145, §2 (NEW); PL 2021, c. 145, §3 (AFF).] B. If the town way to be declared discontinued by abandonment is the only means of access to property in an adjacent municipality or county, the municipal officers or county commissioners shall cause a written notice of the meeting required in subsection 2, paragraph B to be given to the municipal officers or county commissioners of the adjacent municipality or county at least 30 days prior to that meeting. [PL 2021, c. 145, §2 (NEW); PL 2021, c. 145, §3 (AFF).] [PL 2021, c. 145, §2 (NEW); PL 2021, c. 145, §3 (AFF).]

4. Public hearing. The municipal officers or county commissioners shall hold a public hearing prior to voting to declare a town way discontinued by abandonment under subsection 2 upon receipt of written request signed by at least 25% of affected property owners. The written request for a public hearing must be received by the municipal clerk or county clerk no more than 10 days after the notification issued pursuant to subsection 3 . [PL 2021, c. 145, §2 (NEW); PL 2021, c. 145, §3 (AFF).]

5. Status of town way discontinued by abandonment. If the municipal officers or county commissioners vote to declare a town way discontinued by abandonment, the interests of the municipality or county in the abandoned town way pass as follows. A. If the municipal officers or county commissioners vote to not retain a public easement in the abandoned town way, all interests of the municipality or county in the town way, if any, pass to the abutting property owners to the center of the town way. [PL 2021, c. 145, §2 (NEW); PL 2021, c. 145, §3 (AFF).] B. If the municipal officers or county commissioners vote to retain a public easement in the abandoned town way, all other interests of the municipality or county in the town way, if any, pass to the abutting property owners to the center of the town way and the public easement retained is limited to rights of access by foot or motor vehicle as defined in Title 29‑A, section 101, subsection 42 . [PL 2021, c. 145, §2 (NEW); PL 2021, c. 145, §3 (AFF).] An easement for public utility facilities necessary to provide or maintain service remains in a town way declared to be discontinued by abandonment regardless of whether a public easement is retained by the municipality or county. [PL 2021, c. 145, §2 (NEW); PL 2021, c. 145, §3 (AFF).]

6. Filing in registry of deeds. If the municipal officers or county commissioners vote to declare a town way discontinued by abandonment, the municipal clerk or county clerk shall record an attested certificate of the discontinuance by abandonment in the registry of deeds in the county where the abandoned town way is situated. A. The certificate of discontinuance by abandonment may not be filed before the appeal period in subsection 7 has passed or, if an appeal is filed, before the appeal process has ended. [PL 2021, c. 145, §2 (NEW); PL 2021, c. 145, §3 (AFF).] B. The certificate of discontinuance by abandonment must list the date of the vote by the municipal officers or county commissioners, describe the town way and include whether a public easement was retained. [PL 2021, c. 145, §2 (NEW); PL 2021, c. 145, §3 (AFF).] C. The register of deeds shall record the certificate of discontinuance by abandonment under the name of the town way, the name of the municipality or county and the names of the affected property owners. The municipal clerk or county clerk shall provide a photocopy of the certificate to the Department of Transportation, Bureau of Maintenance and Operations. [PL 2021, c. 145, §2 (NEW); PL 2021, c. 145, §3 (AFF).] [PL 2021, c. 145, §2 (NEW); PL 2021, c. 145, §3 (AFF).]

7. Appeal. Notwithstanding section 3029 , a person affected by a vote to declare a town way discontinued by abandonment may appeal the decision by filing a written appeal request within 10 days of the vote as follows: A. With the municipal clerk for an appeal of a vote by the municipal officers in a municipality with a board of appeals authorized to hear the appeal; [PL 2021, c. 145, §2 (NEW); PL 2021, c. 145, §3 (AFF).] B. With the county clerk for an appeal of a vote by the municipal officers in a municipality that does not have a board of appeals authorized to hear the appeal; or [PL 2021, c. 145, §2 (NEW); PL 2021, c. 145, §3 (AFF).] C. With the county clerk for an appeal of a vote by the county commissioners. [PL 2021, c. 145, §2 (NEW); PL 2021, c. 145, §3 (AFF).] Within 15 days after receiving a written appeal request filed pursuant to this subsection, the municipal clerk or county clerk shall schedule a public hearing on the appeal before the municipal board of appeals or county commissioners and provide written notice of the hearing date to the municipal officers or county commissioners and the person filing the appeal request. The public hearing must occur no more than 30 days after the appeal request is received. A person aggrieved by the decision of the municipal board of appeals or county commissioners pursuant to this subsection may appeal the decision to the Superior Court in the county where the town way is situated, pursuant to the Maine Rules of Civil Procedure, Rule 80B. [PL 2021, c. 145, §2 (NEW); PL 2021, c. 145, §3 (AFF).]

8. Quasi-judicial act. The determination of the municipal officers regarding the status of a town way pursuant to this section is a quasi-judicial act under Title 14, section 8104‑B, subsection 2 . [PL 2021, c. 145, §2 (NEW); PL 2021, c. 145, §3 (AFF).]

9. Previously abandoned town ways. This section does not alter the status of a town way abandoned by a municipality or county under the terms of former section 3028. [PL 2021, c. 145, §2 (NEW); PL 2021, c. 145, §3 (AFF).]

10. Common law abandonment. This section does not alter the ability of a town way to be abandoned under the common law presumption of abandonment. [PL 2021, c. 145, §2 (NEW); PL 2021, c. 145, §3 (AFF).]

11. Removal of obstructions. If the municipal officers or county commissioners have declared a town way discontinued by abandonment and have retained a public easement in the abandoned town way under this section, the municipality, county commissioners or an abutter on the way, acting with the written permission of the municipal officers or county commissioners, may remove any gates, bars or other obstructions in the town way. [PL 2021, c. 145, §2 (NEW); PL 2021, c. 145, §3 (AFF).]
23 M.R.S. § 2004 — ME Code / Title 23 / Part 2 / Chapter 201 / Section 2004
23 §2004. Part owner may redeem
Status: in_force

Any person having a legal interest in a tract so advertised, sold or forfeited may redeem his interest by paying within the times prescribed the amount so required to discharge the claim thereon. The rate of interest upon unpaid assessments by county commissioners for opening and making roads shall be 6% a year, commencing at the expiration of one year from the date of the assessments, except when otherwise provided.
23 M.R.S. § 8115-A — ME Code / Title 23 / Part 7 / Chapter 621 / Section 8115-A
23 §8115-A. Authority records
Status: in_force

1. Confidential records. The following records of the authority are confidential: A. Records and correspondence relating to negotiations of agreements to which the authority is a party or in which the authority has a financial or other interest. Once entered into, an agreement is not confidential; [PL 2011, c. 524, §7 (NEW).] B. Trade secrets; [PL 2011, c. 524, §7 (NEW).] C. Estimates prepared by or at the direction of the authority of the costs of goods or services to be procured by or at the expense of the authority; and [PL 2011, c. 524, §7 (NEW).] D. Any documents or records solicited or prepared in connection with employment applications, except that applications, resumes and letters and notes of reference, other than those letters and notes of reference expressly submitted in confidence, pertaining to the applicant hired are public records after the applicant is hired, except that personal contact information is not a public record as provided in Title 1, section 402, subsection 3, paragraph O . [PL 2011, c. 524, §7 (NEW).] [PL 2011, c. 524, §7 (NEW).]

2. Lawyer-client privilege. The authority may claim the lawyer-client privilege in the same manner and circumstances as a corporation is authorized to do so. [PL 2011, c. 524, §7 (NEW).]
23 M.R.S. § 2801 — ME Code / Title 23 / Part 3 / Chapter 301 / Section 2801
23 §2801. Layout, alteration or discontinuance; public landings
Status: in_force

Towns may lay out public or common landings and may alter or discontinue said landings whether laid out under chapters 301 to 315 or now or hereafter established by dedication or otherwise. All procedure shall be in substance the same as is provided by law in the case of town ways.
23 M.R.S. § 61 — ME Code / Title 23 / Part 1 / Chapter 3 / Section 61
23 §61. Vacation, sale or lease of acquired land
Status: in_force

1. Land acquired may be vacated. The Department of Transportation may vacate any land or part of land or rights in land which have been taken or acquired for transportation purposes by executing and recording a deed, and that action shall vest the title to the lands or rights so vacated in the person in whom it was vested at the time of the taking, their heirs and assigns. The value at the time of vacation may be pleaded in mitigation of damages in any proceeding on account of that taking. [PL 1985, c. 13 (NEW).]

2. Land acquired may be sold. The Governor, on recommendation of the department, may sell and convey on behalf of the State the interests of the State in property taken or acquired by purchase for transportation purposes and deemed no longer necessary for those purposes. [PL 1985, c. 13 (NEW).]

2-A. Easements may be conveyed. The Department of Transportation may grant or otherwise transfer easements over property taken or acquired for transportation purposes when the department in its sole discretion determines that the conveyance of such easements is appropriate and necessary. [PL 1999, c. 753, §1 (NEW).]

3. Lease and use of property. The department may make advantageous use of property acquired or taken pending that use for transportation purposes, including, but not limited to, the leasing of those interests. All such property and interests shall be deemed to be for transportation purposes and shall be exempt from taxation. [PL 1985, c. 13 (NEW).]

4. Proceeds from sale, lease or vacating. The State's share of all gross proceeds from a sale, lease or vacating of property shall be deposited into the Highway Fund and shall only be expended upon allocation by the Legislature. The Federal Government's share shall be deposited in the account from which it originated. [PL 1987, c. 735, §39 (RPR).]
23 M.R.S. § 2103 — ME Code / Title 23 / Part 2 / Chapter 205 / Section 2103
23 §2103. Lost or unrecorded boundaries
Status: in_force

When a highway survey has not been properly recorded or preserved or the termination and boundaries cannot be ascertained, the select board or municipal officers of any municipality may use and control for highway purposes 1 1/2 rods on each side of the center of the traveled portion of such way. [PL 2021, c. 275, §7 (AMD).]

When any real estate is damaged by the use and control for highway purposes of such land outside the existing improved portion and within the limits of 1 1/2 rods on each side of the center of the traveled portion, they shall award damages to the owner as provided in section 3029 . [PL 2015, c. 494, Pt. A, §27 (AMD).]
23 M.R.S. § 2703 — ME Code / Title 23 / Part 3 / Chapter 301 / Section 2703
23 §2703. Account of expenditures
Status: in_force

The road commissioner shall keep accurate accounts, showing in detail all moneys paid out by him, to whom and for what purpose. He shall settle his accounts on or before the 20th day of February, annually, and the same shall be reported in the annual town report in detail.
23 M.R.S. § 3704 — ME Code / Title 23 / Part 3 / Chapter 315 / Section 3704
23 §3704. One indictment only at a term
Status: in_force

One indictment only for neglect to open ways or to keep them in repair shall be presented against a town at the same term of court, but it may contain as many counts as are necessary to describe all portions of ways alleged to be defective. The word "highway" used therein includes town ways, causeways and bridges.
23 M.R.S. § 1916 — ME Code / Title 23 / Part 1 / Chapter 21 / Section 1916
23 §1916. Removal of signs by amortization
Status: in_force

1. Exclusions. This section shall not apply to: A. Signs for which compensation is paid under section 1915 ; [PL 1981, c. 318, §4 (RPR).] B. On-premises signs as provided in section 1914 ; [PL 1981, c. 318, §4 (RPR); PL 2011, c. 115, §4 (REV).] C. Exempt signs under section 1913‑A ; [PL 1981, c. 318, §4 (RPR).] D. Signs licensed under this chapter; [PL 1981, c. 318, §4 (RPR).] E. Signs to be removed under section 1917 ; and [PL 1981, c. 318, §4 (RPR).] F. Signs subject to immediate removal pursuant to section 1924, subsection 3 . [PL 1981, c. 318, §4 (RPR).] [PL 1981, c. 318, §4 (RPR); PL 2011, c. 115, §4 (REV).]

2. Six years amortization. Any sign lawfully erected as of January 1, 1978, may be maintained in accordance with section 1924 for 6 years after that date in order to amortize the value thereof. The owner of the sign shall remove the sign within 30 days of a receipt of a final order specified in subsection 3 . [PL 1981, c. 318, §4 (RPR).]

3. Procedure for notice, hearing, appeal. The procedure for notice, hearing and appeal is as follows. A. The commissioner shall send to the sign owner notice by certified mail, return receipt requested, that a sign is to be removed pursuant to subsection 2 . Such notice shall be a final order if not appealed under paragraph B . If the identity of such owner is not known or reasonably ascertainable by the commissioner, such notice may instead be sent to the owner of the land on which the sign is placed. [PL 1981, c. 318, §4 (RPR).] B. The person owning or controlling the sign may, within 30 days of his receipt of the notice to remove, appeal the order of removal to the commissioner and receive a hearing thereon, with a record made of the hearing. The commissioner shall render a decision within 60 days of the hearing. If no appeal is taken from the commissioner's decision, it shall be a final order. Any person aggrieved by the decision of the commissioner made subsequent to the hearing may, within 30 days of the receipt of notice of such decision, appeal to the Superior Court in the county where the sign is located. The appeal shall not be de novo and shall be subject to the Maine Rules of Civil Procedure, Rule 80b. For the purposes of this section, "person aggrieved" shall include the person owning or controlling the sign and any other person who is a resident of the county where the sign is located. A final judgment of a court shall be a final order for purposes of subsection 2 . [PL 1981, c. 318, §4 (RPR).] [PL 1981, c. 318, §4 (RPR).]
23 M.R.S. § 7216 — ME Code / Title 23 / Part 7 / Chapter 617 / Section 7216
23 §7216. Right of entry
Status: in_force

The officers, agents and employees of the Department of Transportation may enter in and on property of any railroad corporation for the purpose of inspecting railroad-highway crossings and attendant facilities, including grade separation facilities. [PL 1989, c. 398, §8 (NEW).]
23 M.R.S. § 4428 — ME Code / Title 23 / Part 6 / Chapter 412 / Section 4428
23 §4428. Funds received to support marine port linkages
Status: in_force

Notwithstanding any other provision of this subchapter, funds paid to the Maine Port Authority as a result of state investments or loans for the development of marine port terminal facilities and associated multimodal infrastructure facilities that directly support marine port operations may be used by the Maine Port Authority, in cooperation with the Department of Transportation, to undertake projects that link the State's marine ports to freight networks within the State. [PL 2021, c. 555, §4 (AMD).]
23 M.R.S. § 8115 — ME Code / Title 23 / Part 7 / Chapter 621 / Section 8115
23 §8115. Obligations of authority
Status: in_force

All expenses incurred in carrying out this chapter must be paid solely from funds provided to or obtained by the authority pursuant to this chapter. Any notes, obligations or liabilities under this chapter may not be deemed to be a debt of the State or a pledge of the faith and credit of the State; but those notes, obligations and liabilities are payable exclusively from funds provided to or obtained by the authority pursuant to this chapter. Pecuniary liability of any kind may not be imposed upon the State or any locality, town or landowner in the State because of any act, agreement, contract, tort, malfeasance, misfeasance or nonfeasance by or on the part of the authority or its agents, servants or employees. [PL 2011, c. 524, §6 (AMD).]
23 M.R.S. § 4303 — ME Code / Title 23 / Part 6 / Chapter 411 / Section 4303
23 §4303. Meetings
Status: in_force

1. Chairman; meetings. The board shall annually elect a chairman from among its members, and the chairman shall serve a term of one year. The board shall meet at the call of the chairman, or at the call of at least 3 members of the board, and there shall be at least 3 meetings held a year. [PL 1975, c. 580, §4 (NEW).]

2. Transportation for meetings. The Department of Transportation shall provide free transportation for board members on the Maine State Ferry Service on the days which the board holds its regular meetings. Such transportation shall be on a regularly scheduled trip, shall include both the automobile and one passenger, shall be round-trip between the mainland and the island of residence of the board member and shall include the reservation fee. [PL 1975, c. 580, §4 (NEW).]
23 M.R.S. § 2852 — ME Code / Title 23 / Part 3 / Chapter 301 / Section 2852
23 §2852. Record
Status: in_force

When streets, roads or sidewalks have been so designated under section 2851 , the municipal officers shall cause such designation and such reasonable restrictions as they may adopt to be recorded in the records of the town and their action shall be in force until modified or annulled by like authority.
23 M.R.S. § 8116 — ME Code / Title 23 / Part 7 / Chapter 621 / Section 8116
23 §8116. Report to the Legislature; departmental review
Status: in_force

1. Annual report. Beginning January 1, 1996, on an annual basis, the authority shall present its report to the Legislative Council and send copies to the joint standing committee of the Legislature having jurisdiction over transportation matters and the Commissioner of Transportation. The report shall include a description of the authority's activities for the preceding fiscal year, including a report of its receipts and expenditures from all sources. [PL 1995, c. 374, §3 (NEW).]

2. Operating budget. Beginning January 31, 1996, on an annual basis, the authority shall present the operating budget of the authority for the next fiscal year beginning July 1st to the Commissioner of Transportation for approval. The authority may only make expenditures in accordance with allocations approved by the commissioner. Any balance of an allocation that at any time may not be required for the purpose named in that allocation may be transferred at any time prior to the closing of the books to any other allocation for the use of the authority for the same fiscal year subject to review and approval by the commissioner. Fiscal statements describing a transfer must be submitted by the authority to the commissioner 30 days before the transfer is to be implemented. These fiscal statements must include information specifying the accounts that are affected, amounts to be transferred, a description of the transfer and a detailed explanation as to why the transfer is needed. [PL 1995, c. 374, §3 (NEW).]
23 M.R.S. § 3121 — ME Code / Title 23 / Part 3 / Chapter 305 / Section 3121
23 §3121. Responsibility for cost of repairs to and maintenance of private roads that benefit residential properties
Status: in_force

1. Cost sharing. If more than one property shares a common benefit from a private road, each property owner who shares the common benefit is responsible for a share of the cost of reasonable and necessary repairs to and maintenance of that private road determined pursuant to the terms of any agreement entered into to determine the share of the cost of reasonable and necessary repairs to and maintenance of the private road, any deed restriction, covenant or declaration applicable to the benefited property, any road association created pursuant to this chapter or otherwise or any method elected under section 3101 , when applicable. In the absence of any such agreement, restriction, covenant, declaration, road association or method elected under section 3101 , each residential property owner, after reasonable due process and notice, shall share equally in the cost of reasonable and necessary repairs to and maintenance of the private road when the private road is the primary means of access to the benefited property. For purposes of this section, each residential property may be assessed only one share toward the collective cost of repairs and maintenance regardless of whether there are multiple owners of record for one property. [PL 2021, c. 13, §1 (NEW).]

2. Repairs and maintenance defined. For the purposes of this section, "repairs and maintenance" has the same meaning as set forth in section 3101, subsection 1, paragraph B . [PL 2021, c. 13, §1 (NEW).]

3. Enforcement. If a residential property owner fails to pay that owner's share of the cost of reasonable and necessary repairs to and maintenance of the private road in accordance with subsection 1 , after a demand in writing, a legal claim for payment of the amount owed may be brought against that owner by a residential property owner or owners who share a common benefit in the road, either jointly or severally. [PL 2021, c. 13, §1 (NEW).]

4. Conflict. In the event of any conflict between the provisions of this section and an agreement, restriction, covenant, declaration, road association or method elected in section 3101 existing on or entered into after the effective date of this section, the terms of the agreement, restriction, covenant, declaration, road association or method elected in section 3101 control. [PL 2021, c. 13, §1 (NEW).]

5. Exceptions. This section does not apply to: A. A private road constructed or primarily used for commercial or forest management purposes; or [PL 2021, c. 13, §1 (NEW).] B. A property owner who issues a ground lease to a 3rd party who maintains a residence on the subject property. As used in this section, "ground lease" means an arrangement under which a property owner leases only land to a lessee and the lessee retains the rights to use the land and any improvements the lessee makes for the term of the lease. [PL 2021, c. 13, §1 (NEW).] [PL 2021, c. 13, §1 (NEW).]
23 M.R.S. § 401 — ME Code / Title 23 / Part 1 / Chapter 9 / Section 401
23 §401. Construction, reconstruction and improvement
Status: in_force

The construction, reconstruction and improvement of all bridges on state highways and all approaches to those bridges are borne wholly by the State except as otherwise provided in this Title. [PL 1991, c. 409, §2 (AMD).]
23 M.R.S. § 6010 — ME Code / Title 23 / Part 7 / Chapter 607 / Section 6010
23 §6010. Award of damages; terms and conditions
Status: in_force

The county commissioners in awarding damages for land or other property taken by any railroad company may, on the application of the railroad company, prescribe such terms and conditions, in all respects, for the use of the land or property taken, by the owners of the land or property and the railroad company respectively, as will secure the best accommodation of the owners and the proper and convenient use of the land or property by the railroad company. In case of appeal by either party, the only question in issue shall be the amount or measure of damages on the terms and conditions imposed by the commissioners. [PL 1987, c. 141, Pt. A, §4 (NEW).]
23 M.R.S. § 3032 — ME Code / Title 23 / Part 3 / Chapter 304 / Section 3032
23 §3032. Proposed, unaccepted ways deemed vacated
Status: in_force

1. Deemed vacation. [PL 1997, c. 386, §1 (RP).]

1-A. Deemed vacation. A proposed, unaccepted way or portion of a proposed, unaccepted way laid out on a subdivision plan recorded in the registry of deeds prior to September 29, 1987 is deemed to have been subject to an order of vacation under section 3027 if, by the later of 15 years after the date of the recording of the subdivision plan laying out the way or portion of the way or September 29, 1997, both of the following conditions have been met: A. The way or portion of the way has not been constructed or used as a way; and [PL 1997, c. 386, §2 (NEW).] B. The way or portion of the way has not been accepted as a town, county or state way or highway or as a public, utility or recreational easement. [PL 1997, c. 386, §2 (NEW).] A way or portion of a way considered vacated under this subsection is subject to section 3033 . [PL 1997, c. 386, §2 (NEW).]

2. Extensions. The municipal officers of the affected municipality may except a proposed, unaccepted way or portion of a proposed, unaccepted way described in subsection 1‑A from the operation of the time limitations of that subsection by filing, in the registry of deeds where the subdivision plan is recorded, a notice stating that the way or portion of the way is excepted from the operation of subsection 1‑A for a period of 20 years from the filing of the notice. To be effective, this exception must be filed prior to the expiration of the time limitations of subsection 1‑A . An extension accomplished under this subsection may be extended by the municipal officers for a subsequent 20-year period by the filing of a new notice within the preceding 20-year extension period. [PL 1997, c. 683, Pt. B, §10 (AMD); PL 1997, c. 683, Pt. B, §11 (AFF).]
23 M.R.S. § 3601 — ME Code / Title 23 / Part 3 / Chapter 311 / Section 3601
23 §3601. Apportionment of damages or benefits
Status: in_force

Whenever the city government lays out any new street or public way, or widens or otherwise alters or discontinues any street or way in a city, and decides that any persons or corporations are entitled to damage therefor, and estimates the amount thereof to each in the manner provided by law, it may apportion the damages so estimated and allowed, or such part thereof as to it seems just, upon the lots adjacent to and bounded on such street or way, other than those for which damages are allowed, in such proportions as in its opinion such lots are benefited or made more valuable by such laying out or widening, alteration or discontinuance, not exceeding in case of any lot the amount of such benefit, but the whole assessment shall not exceed the damages so allowed. Before such assessment is made, notice shall be given to all persons interested of a hearing before said city government, at a time and place specified, which notice shall be published in some newspaper in said city at least one week before said hearing.
23 M.R.S. § 3602 — ME Code / Title 23 / Part 3 / Chapter 311 / Section 3602
23 §3602. Notification to owners
Status: in_force

After said assessment provided for in section 3601 has been made upon such lots or parcels and the amount fixed on each, the same shall be recorded by the city clerk, and notice shall be given within 10 days after the assessment by delivering to each owner of said assessed lots resident in said city a certified copy of such recorded assessment, or by leaving it at his last and usual place of abode and by publishing the same 3 weeks successively in some newspaper published in said city, the first publication to be within said 10 days. Said clerk within 10 days shall deposit in the post office of said city, postage paid, a certified copy of such assessment directed to each owner or proprietor residing out of said city whose place of residence is known to said clerk, and the certificate of said clerk shall be sufficient evidence of these facts, and in the registry of deeds shall be the evidence of title in allowing or assessing damages and improvements, so far as notice is concerned.
23 M.R.S. § 5125 — ME Code / Title 23 / Part 7 / Chapter 605 / Section 5125
23 §5125. Evading payment of fare or riding freight train
Status: in_force

No person is entitled to transportation over a steam railroad or upon any ferry or in a taxicab or public automobile, who does not on demand first pay the established fare. Whoever, while being transported over any steam railroad, ferry or in a taxicab or public automobile, willfully refuses on demand to pay the established fare and whoever fraudulently evades payment of the established fare by giving a false answer, by traveling beyond the place to which the person has paid or by leaving a train, ferry, taxicab or public automobile without paying the established fare, whether that fare is demanded or not, forfeits not less than $5 nor more than $20, to be recovered on complaint. No person, without right, may loiter or remain or place or cause to be placed any property or obstruction on the right-of-way of a railroad corporation or on land owned by a railroad corporation adjoining or adjacent to its right-of-way or, without right, may board or attempt to board or remain on any railroad freight train, freight car, caboose, locomotive or work equipment. Any person violating this portion of this section is guilty of a Class E crime. [RR 2013, c. 2, §35 (COR).]
23 M.R.S. § 5190 — ME Code / Title 23 / Part 7 / Chapter 605 / Section 5190
23 §5190. When franchise lost; action for dissolution
Status: in_force

Whenever any railroad corporation, by foreclosure of a mortgage or in any other method authorized by law, has finally parted with its franchise to construct, operate and maintain the railroad described in its charter, any stockholder may maintain a civil action in the Superior Court for the winding up of the affairs and dissolution of that corporation. In such case the court shall order such notice to all parties interested as it may deem proper and proceed according to the usual course of civil actions. No trustee may be appointed, except upon motion of some party to the proceedings and then only in the discretion of the court. [PL 1987, c. 141, Pt. A, §4 (NEW).]
23 M.R.S. § 3153 — ME Code / Title 23 / Part 3 / Chapter 305 / Section 3153
23 §3153. No obligation to keep open in winter; bridges to be safe; signs
Status: in_force

Cities and towns maintaining bridle paths and trails mentioned in sections 3151 and 3152 shall not be under any obligation to keep them in repair or to break them out in winter. If any city or town shall erect a bridge on such bridle path or trail, it shall be under the same obligation to keep such bridge in a safe condition for the use of horses and riders as it is now under to keep highway bridges in repair for the purposes for which they are used. Such city or town shall erect at the entrance of such bridle paths and trails suitable signs, signifying that they are bridle paths or trails only, and not for use of vehicles, and that persons may use them at their own risk.
23 M.R.S. § 6015 — ME Code / Title 23 / Part 7 / Chapter 607 / Section 6015
23 §6015. Service of process and notice
Status: in_force

Service of process and notice may be made as process is served in other actions. Service of an injunction issued against any person, whether a party to the action or not, may be made upon him and he shall be liable to all the penalties and consequences provided for a breach of it. [PL 1987, c. 141, Pt. A, §4 (NEW).]
23 M.R.S. § 567 — ME Code / Title 23 / Part 1 / Chapter 9 / Section 567
23 §567. Bridge capital improvement priorities
Status: in_force

The department shall biennially prepare a list of bridges that are eligible for capital improvement under this subchapter, arranged in priority order using accepted bridge management principles and as constrained by available funding. The department is the final arbiter as to whether any bridge is placed on the list. The department shall consult with municipalities regarding the manner of improving low use bridges on town ways and redundant bridges on town ways. [PL 2001, c. 314, §2 (NEW); PL 2001, c. 314, §4 (AFF).]
23 M.R.S. § 4204 — ME Code / Title 23 / Part 5 / Chapter 410 / Section 4204
23 §4204. Declaration of policy
Status: in_force

It is declared to be the policy of the State of Maine that adequate, safe and efficient transportation facilities and services are essential to the economic growth of the State and the well-being of its people and that the planning and development of such facilities and services shall be coordinated by a state department of transportation with overall responsibility for balanced transportation policy and planning. [PL 1971, c. 593, §16 (NEW).]
23 M.R.S. § 1012 — ME Code / Title 23 / Part 1 / Chapter 13 / Section 1012
23 §1012. Towns not relieved from obligations relating to snow blockade
Status: in_force

No town in which a state or state aid highway lies shall be relieved from any obligations of statute relating to ways blocked or encumbered with snow, anything to the contrary in chapters 1 to 19 notwithstanding.
23 M.R.S. § 7227 — ME Code / Title 23 / Part 7 / Chapter 617 / Section 7227
23 §7227. Applicability to all railroads
Status: in_force

Except where otherwise expressly specified, sections 7221 to 7226 and section 7228 apply to all railroads operated by steam, electric, diesel-electric, diesel-motor, gasoline-electric or gasoline-motor power and engaged in the transportation of freight or passengers in standard railroad freight or passenger cars. [PL 1989, c. 398, §8 (NEW).]
23 M.R.S. § 2102 — ME Code / Title 23 / Part 2 / Chapter 205 / Section 2102
23 §2102. Lost or disregarded locations; stay
Status: in_force

When a highway is laid out through a town and an agent appointed by the county commissioners to open and make it, and the record location thereof cannot be found on the face of the earth or consistently applied thereto or said agent is not making said highway according to the record location, the municipal officers or town agent may file a complaint in the Superior Court setting forth the facts and praying an injunction to stay the proceedings of said road agent. The court shall issue a summary notice to said road agent to appear before it to answer said complaint and on a hearing of the parties may issue a temporary injunction upon such terms and conditions as it deems reasonable. Subsequent proceedings on the complaint shall be similar to proceedings in other civil actions in which equitable relief is sought.
23 M.R.S. § 802 — ME Code / Title 23 / Part 1 / Chapter 13 / Section 802
23 §802. Maintenance by State
Status: in_force

State aid highways must be continually maintained under the direction and control of the department at the expense of the State except as provided in sections 705 , 754 and 1003 . [PL 2009, c. 315, §2 (AMD).]
23 M.R.S. § 1003 — ME Code / Title 23 / Part 1 / Chapter 13 / Section 1003
23 §1003. Towns to keep routes clear of snow; sanding
Status: in_force

Towns shall keep state aid highways cleared of snow during the winter season or such part of the year as the department may direct, so that they may be reasonably usable by motor vehicles. Snow on such state aid highways shall be removed to the outside edges of the shoulders of the road, and in a manner satisfactory to the department whose judgment shall be final. The towns shall sand the state aid highways to the satisfaction of the department, and in case the towns fail to sand the highways to the satisfaction of the department, the department shall be authorized to make arrangements for the proper sanding and the cost of such sanding done by the department shall be paid by the towns. [PL 1981, c. 492, Pt. C, §12 (AMD).]
23 M.R.S. § 1652 — ME Code / Title 23 / Part 1 / Chapter 19 / Section 1652
23 §1652. Unexpended balances nonlapsing, nontransferable
Status: in_force

Unexpended balances of the Highway Fund that have been set up for general construction and maintenance of highways and bridges and for purchasing, operating, maintaining, improving, repairing, constructing and managing the assets of multimodal forms of transportation, including, but not limited to, transit, aeronautics, marine and rail, are deemed nonlapsing carrying accounts. All other unexpended balances lapse into the Highway Fund at the end of each fiscal year, but may not lapse or be transferred to the General Fund in the State Treasury. [PL 2025, c. 9, Pt. G, §1 (AMD).]

Any balance of any allocation or subdivision of an allocation from the Highway Fund made by the Legislature for any department or agency, which at any time may not be required for the purposes named in that allocation or subdivision, may be transferred at any time prior to the closing of the books, to any other allocation or subdivision of an allocation from the Highway Fund made by the Legislature for the same fiscal year subject to review by the joint standing committee of the Legislature having jurisdiction over transportation matters. In addition to transfers of Highway Fund allocations and subdivisions of allocations from the Highway Fund, the joint standing committee of the Legislature having jurisdiction over transportation matters shall review all other allocations or subdivisions of allocations to the Department of Transportation. Financial orders describing these transfers must be submitted by the Bureau of the Budget to the Office of Fiscal and Program Review 30 days before the transfer is to be implemented. [PL 2011, c. 392, Pt. L, §2 (AMD).]
23 M.R.S. § 7154 — ME Code / Title 23 / Part 7 / Chapter 615 / Section 7154
23 §7154. Acquisition of railroads
Status: in_force

1. Authorization to acquire. Upon forwarding the report set forth in section 7153 and if the report recommends acquisition of the railroad line by the department, the department may acquire, as provided in this section, the railroad line and associated real property located in the State and personal property, including rail facilities such as equipment and rolling stock, when, in the judgment of the department, acquisition of the railroad line is necessary to protect the public interest. [PL 1989, c. 398, §7 (RPR).]

2. Federal regulation. If the railroad line is under the exclusive jurisdiction of a federal regulatory agency, the department shall petition that agency and take all steps necessary to obtain all regulatory approvals required under federal law to acquire the railroad line. [PL 1989, c. 398, §7 (RPR).]

3. Acquisition. Upon obtaining all necessary federal regulatory approvals or if approval of a federal regulatory agency is not required, the department may acquire the railroad line and associated property by purchase or the taking by eminent domain. [PL 1989, c. 398, §7 (RPR).]

4. Limitation. Any acquisition under this section is subject to sufficient funds being made available by legislative act to acquire the railroad line. [PL 1989, c. 398, §7 (RPR).]

5. Eminent domain. In the event that the department decides to acquire the railroad line by condemnation, the department shall have the railroad line and associated property appraised and offer to the owner as just compensation the constitutional minimum value, which shall be not less than the net liquidation value or the value as a going concern, whichever is greater, but shall not include the cost of providing a protective arrangement concerning the interest of the railroad's employees. The department shall file in the registry of deeds for the county or counties, or registry district or districts, where the railroad line is located a notice of condemnation which shall contain a description of the property and the interest taken and the name or names of the owner or owners of record as far as they can be reasonably determined. The department may join in the same notice one or more separate properties whether in the same or different ownership. A check in the amount of the offer and a copy of the notice of condemnation shall be served on the owner or owners of record. If there is multiple ownership, the check may be served on any one of the owners of each separate property. The notice of condemnation shall be published once in a newspaper of general circulation in the county where the property is located and that publication shall constitute service on any unknown owner or owners or other persons who may have or claim an interest in the property. [PL 1989, c. 398, §7 (RPR).]

6. Appeals. In the event that any owner or owners of record are aggrieved by the department's offer, they may appeal from it to the Kennebec County Superior Court within 30 days after the date of service or publication of the notice of condemnation. The appeal shall be taken by filing a complaint setting forth the facts upon which the case shall be tried according to the Maine Rules of Civil Procedure. The Superior Court shall determine compensation by a jury verdict or, if all parties agree, by the court without a jury or by a referee or referees and shall render judgment for any compensation, with interest when it is due, and for costs in favor of the party entitled to them, pursuant to just compensation standards set forth in subsection 5 . [PL 1989, c. 398, §7 (RPR).]

7. Use of railroad line. The department may lease the railroad line, or otherwise contract for operation of the railroad line, to a railroad operator who is a financially responsible person, or it may hold and manage the railroad line for future transportation use. [PL 1989, c. 398, §7 (RPR).]
23 M.R.S. § 153-A — ME Code / Title 23 / Part 1 / Chapter 3 / Section 153-A
23 §153-A. Housing for displaced persons
Status: in_force

1. Purchase. Where a proposed highway project cannot proceed to actual construction because replacement housing is not available to displaced persons and cannot otherwise be made available, the department on behalf of the State of Maine may acquire by purchase such real property as may be necessary to construct new housing thereon, rehabilitate existing housing thereon or move existing housing thereon. [PL 1971, c. 593, §22 (AMD).]

2. Acquisition interpreted. Acquisition of necessary replacement housing sites, rehabilitation, relocation or construction of replacement housing shall be an expense incidental to construction or reconstruction of a highway and shall not be deemed to be highway right-of-way and need not be within the limits of a construction project. [PL 1971, c. 333, §2 (NEW).]

3. Construction. The department may construct, relocate or rehabilitate on any housing sites acquired under subsection 1 such housing as may be necessary for any person displaced by any highway construction or reconstruction undertaken by the department. [PL 1971, c. 593, §22 (AMD).]

4. Sale. The department on behalf of the State of Maine may sell and convey the interest of the State acquired as replacement sites with the improvements thereon and may lease such interests in such property pending sale. Proceeds shall be credited to the project funds from which the purchase, rehabilitation or construction expenditures were made. [PL 1971, c. 593, §22 (AMD).]
23 M.R.S. § 4302 — ME Code / Title 23 / Part 6 / Chapter 411 / Section 4302
23 §4302. Membership
Status: in_force

The membership of the board consists of one person from each of the island municipalities and plantations serviced by the Maine State Ferry System and 3 members appointed by the Commissioner of Transportation. The members representing the island municipalities and plantations shall be appointed by the municipal officers of the member's municipality or by the assessors of the member's plantation and all members shall serve a term of office of 2 years. Each island municipality shall appoint one alternate member to the board. In the absence of the island's primary representative, its alternate may represent the island at all board meetings. Vacancies in membership must be filled in the same manner as the original appointment. [PL 1997, c. 643, Pt. QQ, §2 (AMD).]
23 M.R.S. § 303 — ME Code / Title 23 / Part 1 / Chapter 7 / Section 303
23 §303. Easements of access
Status: in_force

Where an existing highway has been designated as, or included within, a controlled access highway by said department, existing easements of access may be so extinguished by purchase or by taking under eminent domain, in accordance with any existing method now exercised by said department in purchasing or taking land for highway purposes. Access to such controlled access highway from any existing highway, road or street may be regulated and restricted by the department. Access to any such controlled access highway from any new highway, road or street shall be subject to the consent and approval of the department. [PL 1971, c. 593, §22 (AMD).]
23 M.R.S. § 1963 — ME Code / Title 23 / Part 1 / Chapter 24 / Section 1963
23 §1963. Maine Turnpike Authority
Status: in_force

In order to carry out the purposes of this chapter, the Maine Turnpike Authority, created by Private and Special Law 1941, chapter 69, continues in existence with the powers and duties prescribed by this chapter until the Legislature provides for its termination and all outstanding indebtedness of the authority is repaid, or an amount sufficient to repay that indebtedness is set aside in trust. The authority shall continue to operate and maintain the turnpike from a point at or near Kittery in York County to a point at or near Augusta in Kennebec County. The authority may operate and maintain other property and assets as are necessary or convenient for the construction, operation or maintenance of the turnpike, including, but not limited to, connecting tunnels, bridges, overpasses, underpasses, interchanges, toll facilities and parking lots. [PL 2011, c. 476, §2 (AMD).]
23 M.R.S. § 5155 — ME Code / Title 23 / Part 7 / Chapter 605 / Section 5155
23 §5155. One vote for every $100 of bonds
Status: in_force

At such a meeting and all others, each bondholder present shall have one vote for each $100 of bonds held by him or represented by proxy. They may organize by the choice of a moderator and clerk and determine whether the trustees shall take possession of the road and manage and operate it in their behalf. [PL 1987, c. 141, Pt. A, §4 (NEW).]
23 M.R.S. § 6011 — ME Code / Title 23 / Part 7 / Chapter 607 / Section 6011
23 §6011. Commissioners' report of damages and rights of parties; notice
Status: in_force

The county commissioners shall at a regular session make a report of their general estimate of damages, stating specifically the terms and conditions imposed by them, the rights and obligations of each party and the elements of damage as provided for land taken for highway purposes under section 154, subsections 2 , 3 and 4 , and cause it to be recorded. Their clerk shall then make out a notice to each person, stating the amount of damages awarded to him and the elements of damage, which shall be served by an officer on those resident in the State and upon others, if any, by a publication 3 weeks successively in a newspaper printed in the county, if any or, if not, in the state paper. The expense of notices shall be added to the costs of the proceedings and paid accordingly. [PL 1987, c. 141, Pt. A, §4 (NEW).]
23 M.R.S. § 3353 — ME Code / Title 23 / Part 3 / Chapter 307 / Section 3353
23 §3353. Penalties
Status: in_force

Any person or persons, firm, corporation or bridge or water district, who shall dig or make an excavation in the driveway of any public highway without first obtaining such permit as provided for in section 3352 or who having obtained such permit shall disturb a greater area of surface than specified in such permit, may be punished by a fine of $25 for each offense.
23 M.R.S. § 2054 — ME Code / Title 23 / Part 2 / Chapter 203 / Section 2054
23 §2054. Proceedings; return; durable monuments erected
Status: in_force

The county commissioners shall meet at the time and place appointed and view the way, and there, or at a place in the vicinity, hear the parties interested. If they judge the way to be of common convenience and necessity or that any existing way shall be altered, graded or discontinued, they shall proceed to perform the duties required; make a correct return of their doings, signed by them, accompanied by an accurate plan of the way, and state in their return when it is to be done the names of the persons to whom damages are allowed, the amount allowed to each and when to be paid. When the way has been finally established and open to travel, they shall cause durable monuments to be erected at the angles thereof.
23 M.R.S. § 1112 — ME Code / Title 23 / Part 1 / Chapter 13 / Section 1112
23 §1112. Notice
Status: in_force

The Governor shall authorize the Department of Transportation to notify and make such arrangements with the proper authorities of the State of New Hampshire as may be necessary to carry out this subchapter. [PL 1975, c. 771, §254 (AMD).]
23 M.R.S. § 1921 — ME Code / Title 23 / Part 1 / Chapter 21 / Section 1921
23 §1921. Start of enforcement
Status: in_force

To provide for the orderly implementation of this chapter, the State shall be divided by the commissioner into traveler information service areas which shall correspond to the Maine highway districts. The commissioner may implement the removal of signs for which compensation is paid on an area by area basis, provided all signs from which compensation is paid shall be removed by January 1, 1982 if federal funds are sufficient under section 1915 . [PL 1981, c. 576, §7 (AMD).]
23 M.R.S. § 7081 — ME Code / Title 23 / Part 7 / Chapter 613 / Section 7081
23 §7081. Construction aid; proceedings
Status: in_force

A city or town by a 2/3 vote, at any legal meeting called for the purpose, may raise by tax or loan, from time to time or all at once, a sum not exceeding in all 5% on its regular valuation for the time being, to aid in the construction of railroads in such manner as it deems proper and for that purpose may contract with any person or railroad corporation. At the meetings the legal voters shall ballot, those in favor of the proposition voting "Yes," and those opposed voting "No." The ballots cast shall be sorted, counted and declared in open town meeting and recorded and the clerk shall make return of the ballots to the municipal officers who shall examine the return and, if 2/3 of the ballots cast are in favor of the proposition, the officers shall proceed to carry the proposition into effect. [PL 1987, c. 141, Pt. A, §4 (NEW).]
23 M.R.S. § 6016 — ME Code / Title 23 / Part 7 / Chapter 607 / Section 6016
23 §6016. Breach of injunction
Status: in_force

The court may order persons violating the injunction, after service or using the land, to show cause at a time fixed, why a decree should not be entered and execution issued against them individually and their goods and estate, for the damages, interest, costs and for additional damages and costs for breach of the injunction. Upon service and return of the order, the court may enter such decree as is just and equitable against those persons and issue execution accordingly or may proceed against them as for breach of injunction in other civil actions. [PL 1987, c. 141, Pt. A, §4 (NEW).]
23 M.R.S. § 1965-C — ME Code / Title 23 / Part 1 / Chapter 24 / Section 1965-C
23 §1965-C. Construction of a connector to Gorham
Status: in_force

1. Evaluation of reasonable alternatives. The authority and the department shall evaluate reasonable alternatives to the building of a connector to Gorham in Cumberland County from Route 114 in South Gorham to an interchange on the turnpike by completing an alternative mode feasibility study. The authority in cooperation with the department shall update the evaluations with public participation to satisfy the requirements of section 73 and rules adopted pursuant to that section. [PL 2017, c. 68, §3 (NEW).]

2. Review of alternatives. Upon completing the evaluation and update required under subsection 1 , the authority shall determine whether the alternatives are sufficient to meet long-term regional transportation needs, to correct deficiencies and to fulfill mobility requirements of the region safely and at reasonable cost, using available technology. If the authority finds that the alternatives are not sufficient: A. A final license, permit or approval necessary for construction may be issued by the appropriate state agency; and [PL 2017, c. 68, §3 (NEW).] B. The alternative evaluation and preference requirements of section 73 and rules adopted pursuant to that section are considered satisfied. [PL 2017, c. 68, §3 (NEW).] [PL 2017, c. 68, §3 (NEW).]
23 M.R.S. § 305 — ME Code / Title 23 / Part 1 / Chapter 7 / Section 305
23 §305. Signs showing service facilities
Status: in_force

The location of service, fuel and recreational facilities may be indicated to the users of any controlled access highway by appropriate signs erected within the right-of-way, at or near the junction of such access roads as may be provided. The size, style, specifications and location of such signs shall be determined by the department. [PL 1971, c. 593, §22 (AMD).]
23 M.R.S. § 6021 — ME Code / Title 23 / Part 7 / Chapter 607 / Section 6021
23 §6021. Fences; liability for injuries
Status: in_force

Where a railroad passes through enclosed or improved land, or woodlots belonging to a farm, legal and sufficient fences shall be made on each side of the land taken therefor, before the construction of the road is commenced, and the fences shall be maintained and kept in good repair by the corporation. For any neglect of that duty during the construction of the road, and for injuries thereby occasioned by its servants, agents or contractors, the directors are jointly and severally personally liable. For any subsequent neglect, the corporation shall be fined a sum sufficient to make or repair the fence, to be recovered by indictment and expended by an agent appointed by the court. [PL 1987, c. 141, Pt. A, §4 (NEW).]
23 M.R.S. § 8012 — ME Code / Title 23 / Part 7 / Chapter 621 / Section 8012
23 §8012. Passenger rail liability limitation
Status: in_force

In the event one or more passenger rail service providers are protected by a liability insurance policy covering liability for property damage, personal injury, bodily injury and death arising from rail incidents or accidents occurring in this State involving passenger trains with policy limits of not less than $75,000,000 per occurrence annually and $75,000,000 in the aggregate annually regardless of the number of passenger rail service providers protected by such an insurance policy, each passenger rail service provider protected by such an insurance policy is not liable in excess of the coverage limits of such an insurance policy for any and all claims for damage, whether compensatory or punitive, for property damage, personal injury, bodily injury or death arising out of such rail incidents or accidents. For purposes of this section, "passenger rail service provider" includes for-profit and nonprofit corporations and legal entities that own, lease, operate or manage passenger trains or passenger rail service; the authority; railroad companies that own, lease, provide track rights to or maintain rail lines over which passenger trains pass; and operators of passenger train services. "Passenger rail service provider" does not include the National Railroad Passenger Corporation or its successor organization. This section does not affect immunities, limitation on damages, limitation of actions, limitation of liability or other protections provided to the State as defined in Title 14, section 8102, subsection 4 . [PL 2005, c. 312, §6 (RPR).]
23 M.R.S. § 62 — ME Code / Title 23 / Part 1 / Chapter 3 / Section 62
23 §62. Record of locations and changes
Status: in_force

Whenever the department shall establish and locate or change the location of a state highway or state aid highway, or any town shall establish and locate or change the location of a highway that was designated as a 3rd class highway at the time that the 3rd class highway designations were rescinded, in any county of this State where the establishing and locating change the present location of any road, the said department or the town shall cause to be filed with the county commissioners of the county in which any such road is located an accurate description or plan of its metes and bounds and courses and distances. [PL 1975, c. 21 (AMD).]
23 M.R.S. § 241 — ME Code / Title 23 / Part 1 / Chapter 3 / Section 241
23 §241. Purpose
Status: in_force

The prompt and equitable relocation and reestablishment of persons, businesses, farm operations and nonprofit organizations displaced as a result of state or state aid highway projects are necessary to insure that a few individuals do not suffer disproportionate injuries as a result of programs designed for the benefit of the public as a whole. Relocation payments and advisory assistance are to be made available to all persons so displaced in accordance with this subchapter. [PL 1981, c. 470, Pt. A, §133 (AMD).]
23 M.R.S. § 7313 — ME Code / Title 23 / Part 7 / Chapter 619 / Section 7313
23 §7313. Mandatory training offered by railroad companies to fire and emergency medical services
Status: in_force

1. Training. A railroad company shall offer training to each fire department, each local organization for emergency management and each organization that has a mutual aid agreement with each fire department and each local organization for emergency management along routes over which the railroad company transports oil or other hazardous materials. Additional training must be offered to each fire department and each local organization for emergency management at least once every 3 years after the initial training provided for under this subsection. [PL 2023, c. 618, §8 (NEW).]

2. Hazardous materials; techniques to assess hazards. The training under subsection 1 must address the general hazards of oil and hazardous materials that travel through the jurisdiction or mutual aid agreement jurisdiction of each fire department and local organization for emergency management; techniques to assess hazards to the environment and to the safety of first responders and the public; factors that an incident commander must consider in determining whether to attempt to suppress a fire or to evacuate the public and first responders from an area; and other strategies for initial response by first responders. [PL 2023, c. 618, §8 (NEW).]

3. Suggested protocols. The training under subsection 1 must include suggested protocols or practices for first responders to safely respond to a derailment; methods to identify railroad cars and hazardous material contents; first responder safety issues; railroad response tactics; public notification and evacuation considerations; environmental contamination response; railroad response personnel and resources coordination at an accident; and any other protocols and practices for safe initial local response, including the notification requirements and the responsibilities of an incident commander during any rail accident involving oil or other hazardous materials. [PL 2023, c. 618, §8 (NEW).]
23 M.R.S. § 5161 — ME Code / Title 23 / Part 7 / Chapter 605 / Section 5161
23 §5161. Railroad mortgages foreclosed
Status: in_force

The trustees, on application of 1/3 of the bondholders in amount to have railroad mortgage foreclosed, shall immediately give notice thereof, by publishing it 3 weeks successively in the state paper and in some paper, if any, in each county into which the road extends, stating the date and conditions of the mortgage, the claims of the applicants under it, that the conditions of the mortgage have been broken and that for that reason they claim a foreclosure. They shall cause a copy of the notice and the name and date of each newspaper containing it to be recorded in the registry of deeds in every such county within 60 days from the first publication. Unless, within 3 years from the first publication, the mortgage is redeemed by the mortgagors or those claiming under them or equitable relief as in cases of the redemption of mortgage lands is sought, founded on payment or a legal tender of the amount of overdue bonds and coupons or containing an averment that the complainants are ready and willing to redeem on the rendering of an account, the right of redemption shall be forever foreclosed. [PL 1987, c. 141, Pt. A, §4 (NEW).]
23 M.R.S. § 1972 — ME Code / Title 23 / Part 1 / Chapter 24 / Section 1972
23 §1972. Refunding bonds
Status: in_force

The authority is authorized to provide by resolution for the issuance of turnpike revenue refunding bonds of the authority, including notes or other obligations defined as bonds under this chapter for the purpose of refunding any bonds then outstanding, including the payment of any redemption premium thereon and any interest accrued or to accrue to the date of redemption of these bonds; and, if deemed advisable by the authority, for any additional purpose for which bonds authorized by this chapter may be issued. The issuance of the bonds, the maturities and other details thereof, the rights of the holders thereof and the rights, duties and obligations of the authority in respect of those rights, duties and obligations, shall be governed by this chapter insofar as these rights, duties and obligations may be applicable. [PL 1981, c. 595, §3 (NEW).]
23 M.R.S. § 603 — ME Code / Title 23 / Part 1 / Chapter 9 / Section 603
23 §603. Management
Status: in_force

The State is responsible for the management of and all costs for maintenance and rehabilitation for the following historic bridges: Lovejoy Bridge, Andover; Robyville Bridge, Corinth; Hemlock Bridge, Fryeburg; Bennett Bridge, Lincoln Plantation; Artist's Bridge, Newry; Lowe's Bridge, Sangerville-Guilford; Babb's Bridge, Windham-Gorham; Wire Bridge, New Portland; Porter Bridge, Porter-Parsonsfield; Bailey Island Bridge, Harpswell; Sewall's Bridge, York; and Ryefield Bridge, Harrison-Otisfield. [PL 2021, c. 494, §1 (AMD).]

The commissioner shall, from time to time, make recommendations to the Legislature relating to additions to or deletions from the list in this section. The commissioner may establish such guidelines as may be necessary and may make recommendations either on his own initiative or upon petition by any party. [PL 1985, c. 480, §§5, 10 (NEW).]
23 M.R.S. § 1001 — ME Code / Title 23 / Part 1 / Chapter 13 / Section 1001
23 §1001. Maintenance and snow removal on state highways
Status: in_force

Improved state highways shall be continually maintained, and the snow removed from such sections of designated state highways as the department may determine, under the direction and control of the department at the expense of the State. [PL 1971, c. 593, §22 (AMD).]

The snow removal work shall include the plowing of these highways, the erection, maintenance, dismantling and rental of snow fences, and the sanding of icy road surfaces. It shall not include loading and hauling snow from any compact section. The State shall not be liable for accidents while the road surface is covered with snow and ice.

To carry out the preceding paragraph the department is authorized to hire equipment, preferably town owned, arrange contracts and erect or hire buildings for storage purposes. Purchases of necessary equipment or materials shall be made as provided in section 52 . [PL 1971, c. 593, §22 (AMD).]

The maintenance provisions of this section and sections 705 , 751 , 1003 and 1005‑A do not apply to compact areas of urban compact municipalities as defined in section 754 . [PL 1999, c. 473, Pt. C, §5 (RPR).]
23 M.R.S. § 6014 — ME Code / Title 23 / Part 7 / Chapter 607 / Section 6014
23 §6014. When damages not paid
Status: in_force

When the damages remain unpaid for more than 30 days after they are due and demanded, equitable relief may be requested by the person entitled to them, praying for an injunction against the use or occupation of his land taken. If proceedings for an estimation of damages are not commenced within 3 years and the owner of the land requests equitable relief, the court may estimate the damages, decree their payment and issue an execution. The court, after summary notice to the corporation and upon proof of the facts may, without any bond filed, issue an injunction prohibiting the use and occupation until all damages and costs are paid. If payment has not been made within 90 days, a permanent injunction may be issued; and all rights acquired by taking the land and all rights of property in and to whatever has been placed upon it cease and the owner may maintain an action for its recovery and protection. [PL 1987, c. 141, Pt. A, §4 (NEW).]
23 M.R.S. § 2851 — ME Code / Title 23 / Part 3 / Chapter 301 / Section 2851
23 §2851. Designation
Status: in_force

Municipal officers may designate by appropriate signs public streets, roads or sidewalks whereon persons may slide with any vehicle. They may restrict any traffic on such public streets, roads or sidewalks and anyone violating such restrictions shall be punished by a fine of $5 for each offense. Police officers and constables shall enforce this section.
23 M.R.S. § 5154 — ME Code / Title 23 / Part 7 / Chapter 605 / Section 5154
23 §5154. Breach of mortgage; meeting of bondholders
Status: in_force

The neglect of the corporation to pay any overdue bonds or coupons secured by a mortgage, for 90 days after presentment and demand on the treasurer or president of the corporation, is a breach of the conditions of the mortgage. Upon such a breach, the trustees shall call a meeting of the bondholders, by publishing the time and place of the meeting for 3 weeks successively in the state paper and in some paper in the county where the road lies, the last publication to be at least one week before the time of the meeting. [PL 1987, c. 141, Pt. A, §4 (NEW).]
23 M.R.S. § 1964 — ME Code / Title 23 / Part 1 / Chapter 24 / Section 1964
23 §1964. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1981, c. 595, §3 (NEW).]

1. Access roads. "Access roads" means any and all roads or highways in the state highway system, including bridges, overpasses and underpasses, which directly or indirectly connect with the turnpike and which shall have been designated as such by the Department of Transportation. [PL 1981, c. 595, §3 (NEW).]

2. Authority. "Authority" means the Maine Turnpike Authority, created by Private and Special Law 1941, chapter 69, and continued in existence by this chapter. [PL 1981, c. 595, §3 (NEW).]

2-A. Away agency. "Away agency" means a tolling authority in a jurisdiction other than the State that imposes an administrative fee or a civil liability on the registered owner of a vehicle whose operator fails to pay a required toll for the use of a highway, bridge or tunnel. [PL 2011, c. 302, §5 (NEW).]

2-B. Board. "Board" means the board of directors of the authority established pursuant to section 1964‑A . [PL 2011, c. 302, §5 (NEW).]

3. Bond. "Bond" or "bonds" means and includes a bond or note or other evidence of indebtedness authorized under this chapter whether issued under or pursuant to a bond resolution, trust indenture or loan or other security agreement. [PL 1981, c. 595, §3 (NEW).]

3-A. Connector. "Connector" means a section of highway owned by the authority for purposes of connecting the turnpike to the state highway system. [PL 2017, c. 68, §1 (NEW).]

4. Department. "Department" or "Department of Transportation" means the State Department of Transportation or its successor. [PL 1981, c. 595, §3 (NEW).]

4-A. Department project. "Department project" means the rehabilitation, reconstruction or construction of any highway or bridge on the state highway system determined by the department and the authority to have a sufficient relationship to the public's use of the turnpike in accordance with section 1974, subsection 6 and is a project or allocation to: A. Build or improve an interchange; [PL 2011, c. 302, §6 (NEW).] B. Maintain, build or improve an access road; [PL 2011, c. 302, §6 (NEW).] C. Study or plan a future highway corridor and study related issues; [PL 2011, c. 302, §6 (NEW).] D. Maintain, build or improve a park and ride lot or other transportation infrastructure for all modes of transportation relating to turnpike use; [PL 2011, c. 302, §6 (NEW).] E. Purchase, lease or improve highway-related infrastructure; or [PL 2011, c. 302, §6 (NEW).] F. Pay debt incurred by the authority for any capital project purpose in paragraphs A to E . [PL 2011, c. 302, §6 (NEW).] [PL 2011, c. 302, §6 (AMD).]

5. Interchange. "Interchange" means a system of interconnecting roadways in conjunction with one or more points of separation, providing for the interchange of traffic between 2 or more roadways or highways, one of which is the turnpike and includes sufficient lengths of intersecting roadways required for conformance with then current road design standards or standards acceptable to the Department of Transportation. [PL 1981, c. 595, §3 (NEW).]

5-A. Intermodal transportation facility. "Intermodal transportation facility" means any facility, including but not limited to any rail or bus depot or station, taxi stand, loading platform, parking lot and any related building or appurtenance, located on or adjacent to the turnpike or in the immediate vicinity of any turnpike interchange, that is designed to serve the needs of users of 2 or more modes of transportation including the turnpike and that the authority determines necessary or convenient to meet the needs of users of the turnpike. [PL 1993, c. 410, Pt. MM, §2 (NEW).]

5-B. Law enforcement officer. "Law enforcement officer" means a person who by virtue of public employment is vested by law with a duty to maintain public order or to make arrests for crimes, whether that duty extends to all crimes or is limited to specific crimes. [PL 1995, c. 339, §1 (NEW).]

6. Operating revenues. "Operating revenues" means income of the Maine Turnpike Authority from fees, fares, tolls, rental of concessions and miscellaneous revenue and interest. [PL 2011, c. 476, §3 (AMD).]

6-A. Operating surplus. [PL 2011, c. 302, §7 (RP).]

7. Reconstruct or reconstruction. "Reconstruct" or "reconstruction" means any and all activities undertaken to maintain the Maine Turnpike, or any part thereof, as a modern, safe and efficient facility and includes, but is not limited to, any rebuilding, redesign, improvement or enlargement of the turnpike or any part thereof which the authority deems necessary to continuously, adequately, safely and swiftly facilitate vehicular traffic upon, to or from the Maine Turnpike. [PL 1981, c. 595, §3 (NEW).]

7-A. Reserve maintenance fund. "Reserve maintenance fund" means a fund established by a resolution authorizing bonds of the authority as a source to pay for turnpike maintenance, turnpike rehabilitation, insurance, emergency repairs of the turnpike, remediation of turnpike deficiencies and other perennial costs and selected capital projects as recommended by a consulting engineer. [PL 2011, c. 302, §8 (NEW).]

7-B. Revenue fund. "Revenue fund" means a fund established by a resolution authorizing bonds of the authority as the initial depositary for all operating income of the authority; certain operating expenses, defined by bond resolutions, are paid from the revenue fund before further transfers are made to funds for debt service, reserve maintenance and general reserves. [PL 2011, c. 302, §8 (NEW).]

8. State highway system. "State highway system" or "state highways" shall include all classes of roads set forth in section 53 . [PL 1981, c. 595, §3 (NEW).]

9. Turnpike. "Turnpike" means the roadway constructed between Kittery in York County and Augusta in Kennebec County pursuant to Private and Special Law 1941, chapter 69, sections 1 to 20, as amended, together with any expansion or extension of that roadway that is authorized by law, and includes not only the roadway and all rights-of-way, bridges, tunnels, overpasses, underpasses and interchanges either on the roadway or connected to or connecting with the roadway as expanded or extended, but also all buildings, toll facilities and other equipment, median barriers, shoulders, embankments, property rights, easements, leases and franchises relating to the roadway and such rights-of-way bridges, tunnels, overpasses, underpasses and interchanges and determined necessary or convenient for the construction, reconstruction, operation or maintenance of the turnpike. [PL 1993, c. 410, Pt. MM, §3 (AMD).]
23 M.R.S. § 255 — ME Code / Title 23 / Part 1 / Chapter 5 / Section 255
23 §255. Payment for cost of relocating utility facilities in interstate system
Status: in_force

Any utility which is required to move or relocate its facilities under this section from or in any way because of construction needs in building the interstate system under the Federal-Aid Highway Act of 1956 on projects for which the contracts are signed after August 28, 1957 shall be reimbursed for the cost of relocation of such facilities as said cost is defined in said Federal-Aid Highway Act. The department may make rules and regulations for the determination of such cost in conformity with applicable federal rules and regulations under said Act. The department shall have such rights to inspect the books of account of the utility as may be required in determining the reimbursable costs provided in this section. [PL 1971, c. 593, §22 (AMD).]

Whenever the department shall determine that any utility facility which now is, or hereafter may be, located in, over, along or under any way should be moved or relocated because of construction needs in building said interstate system, the utility owning or operating such facility shall relocate or move the same in accordance with an order of the department. If the failure of the utility to move such facility within the time specified in such order should delay the work of the contractor on the project involved, the utility shall be liable to the State for the damages that the State may be required to allow to the contractor under the contract between the State and the contractor for delay in the work caused by the presence of the facility. The utility shall not be liable for such damages if its failure to move shall be for reasons beyond its control. If the department and the utility shall not agree as to the liability of the utility for such damages, either party may appeal to the Superior Court for a determination thereof. Such liability shall not exceed such reimbursable costs as may be determined by the preceding paragraph. [PL 1971, c. 593, §22 (AMD).]

"Utility," as used in this section, means and includes any public utility under the jurisdiction of the Public Utilities Commission and any corporation which owns and operates a telephone or telegraph system or an oil pipe line system and which is subject to the jurisdiction of the Federal Communications Commission or Interstate Commerce Commission and any municipality or any quasi-municipal body operating a utility service such as a fire or police alarm line, street lighting, sewerage or water pipes and any rural electrification cooperative which is subject to Title 35‑A, chapter 37, subchapters I , II and III . [PL 1987, c. 141, Pt. B, §17 (AMD).]

The reimbursable costs provided in this section shall be paid from the General Highway Fund operating capital under the direction of the department, and said General Highway Fund operating capital shall be repaid in full for any costs so paid from reimbursements received by the department from the Federal Government on account thereof. At no time shall the amount paid from the general fund operating capital for the purposes of this section exceed the amount of the 90% federal funds to be available for projects in said interstate system under Title 23 , United States Code, § 123 to match the state appropriation made for the pertinent biennium. Any appropriation so made, which shall be expended under the direction of the department, shall apply to projects in said interstate system for which contracts are signed prior to June 30th of the 2nd year of said biennium and to the extent of such contracts shall be carried forward and not lapse. [PL 1977, c. 380, Pt. B, §5 (AMD).]
23 M.R.S. § 7223 — ME Code / Title 23 / Part 7 / Chapter 617 / Section 7223
23 §7223. Obstructions ordered removed; notice
Status: in_force

At every crossing of a highway or other way, except state and state aid highways and a railroad at grade, the municipal officers of the town or unorganized place in which the crossing is located are authorized and required on order of the Department of Transportation to remove embankments and other obstructions within highway limits and to enter on private property and properly trim, cut down, remove or apply chemical treatment to bushes, and from time to time as may be necessary to cut down and remove trees, fences, signboards and encroachments which obstruct the view of an engine, train or car by a traveler at or near any crossing. The department shall cause the same to be done on state and state aid highways. The authority of the department in any order to the municipal officers shall not extend beyond the land bounded on a line from a point 300 feet on either side of any crossing, measured along the highway or other way, and a point 300 feet on either side of any crossing measured along the railroad right-of-way, for the purpose of enabling a traveler on any way, when the traveler is 300 feet or less distant from any crossing, to have a fair view of an approaching train, engine or car from one or more angles continuously from the time the train, engine or car is 300 feet from the crossing until it has passed over the crossing. Entry on private property for the purposes stated shall be only after a 10 days' notice, mailed to the last known address of the property owner, and posting of the notice in a conspicuous place in the municipality. [PL 1989, c. 398, §8 (NEW).]
23 M.R.S. § 5144 — ME Code / Title 23 / Part 7 / Chapter 605 / Section 5144
23 §5144. Discontinuance of service
Status: in_force

No railroad or railroad company may discontinue service to any point served prior to January 1, 1982, unless the railroad or railway company has filed with the Department of Transportation and with any municipality affected by the discontinuance of service and, in the case where service is discontinued solely to one shipper, with that shipper, a written notice of intention to discontinue that service. The written notice shall be given at least 30 days prior to discontinuing the service. This section does not apply to any railroad corporation engaged in interstate commerce while and so long as that corporation is required by federal law to make application to and procure consent from the Interstate Commerce Commission as a condition precedent to any such abandonment of property or discontinuance of service as is contemplated in this section. [PL 1987, c. 141, Pt. A, §4 (NEW).]
23 M.R.S. § 3452 — ME Code / Title 23 / Part 3 / Chapter 307 / Section 3452
23 §3452. Removal of obstructions
Status: in_force

When logs, lumber or other obstructions without necessity are left on such ways described in section 3451 , any road commissioner or municipal officer may remove them, and he shall not be liable for loss or damage thereof unless occasioned by design or gross negligence. When no one appears to pay the expense and trouble of removal, he may sell at public auction so much thereof as is sufficient for the purpose, with charges of sale, posting notice of the time and place of sale in 2 public places in the town 7 days prior thereto. The person through whose neglect or willful default they were left may be prosecuted as for a nuisance.
23 M.R.S. § 7226 — ME Code / Title 23 / Part 7 / Chapter 617 / Section 7226
23 §7226. Buildings not removed without owner's consent
Status: in_force

Nothing contained in sections 7222 to 7225 authorizes the removal of any building without the consent of the owner. [PL 1989, c. 398, §8 (NEW).]
23 M.R.S. § 1153 — ME Code / Title 23 / Part 1 / Chapter 15 / Section 1153
23 §1153. -- highways; jurisdiction; removal
Status: in_force

1. Erecting advertisement on highway. A person may not post, erect, display or maintain or cause to be posted, erected, displayed or maintained a sign, billboard, panel, placard, poster, notice or other advertising device in, upon or above any highway or so situated with respect to any highway as to obstruct clear vision of an intersecting highway or highways or otherwise so situated as to prevent the safe use or obstruct the maintenance of the highway. The highway is deemed the full width of the road as laid out by the State, county or the town and in any case is deemed to extend 33 feet from each side of the center line of the traveled or built-up portion of the way. [PL 2003, c. 452, Pt. L, §1 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]

2. Application. This section does not apply to the State or to a political subdivision of the State or to signs erected or maintained with the approval of the department solely for the purpose of safeguarding, facilitating or protecting travel along the highway. A. The department may authorize the placing of directional signs of such design as it determines, not exceeding 48 inches in length and 9 inches in width to designate places of interest, to be posted without expense to the State at the junction of roads. [PL 2003, c. 452, Pt. L, §1 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] B. A person, firm or corporation, while working on, under, over or immediately adjacent to a highway, may erect temporary warning or directional signs or signals for the purpose of safeguarding or protecting its workers and facilitating and protecting travel along the highway by the traveling public. [PL 2003, c. 452, Pt. L, §1 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] [PL 2003, c. 452, Pt. L, §1 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]

3. Penalties. The following penalties apply to violations of this section. A. A person who violates this section commits a civil violation for which a fine of not less than $5 and not more than $500 may be adjudged. [PL 2003, c. 452, Pt. L, §1 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] B. After having been adjudicated as having violated paragraph A , a person who unlawfully maintains any sign, billboard, panel, placard, poster, notice or other advertising device for 10 days after the adjudication is subject to an additional fine of not more than $50 for each day upon which such sign, billboard, panel, placard, poster, notice or other advertising device is maintained. [PL 2003, c. 452, Pt. L, §1 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] [PL 2003, c. 452, Pt. L, §1 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]

4. Removal. The State Police shall remove all signs, billboards, panels, placards, posters, notices or other advertising devices existing within the limits of the highway in violation of this section. [PL 2003, c. 452, Pt. L, §1 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
23 M.R.S. § 7104 — ME Code / Title 23 / Part 7 / Chapter 615 / Section 7104
23 §7104. Major modifications in rail service
Status: in_force

1. Notice required. Any railroad which files a petition or proposal with the United States Interstate Commerce Commission concerning the sale, merger, abandonment or embargo of any railroad line in this State shall concurrently file a copy of the petition or proposal with the department. Any person, corporation or other entity which proposes to acquire or construct an additional railroad line in this State or provide rail transportation over or by means of an extended or additional railroad line and which files a petition or proposal with the United States Interstate Commerce Commission to do so shall concurrently file a copy of the petition or proposal with the department, and shall include information on the fitness and ability, including management, financial condition and employee complement, of the entity proposing to provide the rail service to provide safe, efficient and reliable rail service. [PL 1989, c. 398, §7 (NEW).]

2. Review; report. The department shall review any petition or proposal for major modification to the rail service in the State filed under subsection 1 . On the conclusion of its review, the department shall report to the Governor and the Legislature if the proposal has a major effect on rail service in the State. [PL 1989, c. 398, §7 (NEW).]

3. Failure to notify. Any entity which fails to file notice with the department required by this section, shall not be approved to receive financial assistance from the State, as defined in section 7320, subsection 1 , for one year next following the date the notice is required to be filed. [PL 1989, c. 398, §7 (NEW).]
23 M.R.S. § 653 — ME Code / Title 23 / Part 1 / Chapter 11 / Section 653
23 §653. Highway boundaries
Status: in_force

1. Authority. The department may establish the boundary lines, limits or locations of any or all state highways and state aid highways and cause durable monuments to be erected at the angles thereof. [PL 1999, c. 188, §1 (NEW).]

2. Reestablishment of lost or doubtful boundaries. Whenever in the opinion of the department the boundary lines, limits or location of any state highway or state aid highway or any part thereof are lost, uncertain or doubtful, the department may reestablish those lines, limits or location; land lying within those lines is a part of the highway right-of-way. The department shall file with the town clerk of the town in which the highway is located and with the registry of deeds in the county in which the highway is located maps showing the boundary lines, limits or location of such a reestablished highway, and those lines, boundaries, limits and location are those of the reestablished highway. The department shall post descriptions of those parts of such highways that lie within towns in one conspicuous place in those towns and at 2 points along the highway, and it shall publish a description of those parts of highways that lie within any county in a newspaper, if any, in that county. In the absence of record, plan or layout sufficient to reestablish the boundary lines, limits or location of a state highway or state aid highway, the width of a state highway or state aid highway is deemed to extend to and include the area lying outside the shoulders and ditch lines and within any landmarks or historic features such as fences, fence posts, tree rows, stone walls, corner stones or other monuments indicating the boundary line. In the absence of record, plan or layout or any landmarks or historic features that evidence the location of the boundaries of the right-of-way, the width of a state highway or state aid highway is deemed to extend to and include the sidewalks, shoulders and ditch lines adjacent to that highway and to the top of cuts or toe of fills where they exist. Any person aggrieved by the reestablishment of boundary lines, limits and location of a reestablished highway may file a complaint for the assessment of damages to the Superior Court in the county where the reestablished highway is located within 60 days from the filing of maps with the registry of deeds, and not thereafter, and the court shall assess the damages, if any, by jury, as long as the reestablished boundary lines, limits or location are not the same as originally established. The department shall pay from its funds all expenses incurred and the amount of final judgment and costs if damages are awarded, except that the amount of the final judgment and costs must be paid by the plaintiff if the plaintiff fails to recover any damages. [PL 1999, c. 188, §1 (NEW).]
23 M.R.S. § 2052 — ME Code / Title 23 / Part 2 / Chapter 203 / Section 2052
23 §2052. Notice
Status: in_force

Being satisfied that the petitioners are responsible and that an inquiry into the merits is expedient, the county commissioners shall cause 30 days' notice to be given of the time and place of their meeting by posting copies of the petition, with their order thereon, in 3 public places in each town in which any part of the way is, by serving one on the Department of Transportation and serving one on the clerks of such towns and publishing it in some newspaper, if any, in the county. The fact that notice has been so given, being proved and entered of record, shall be sufficient for all interested, and evidence thereof. [PL 1971, c. 593, §22 (AMD).]
23 M.R.S. § 2061 — ME Code / Title 23 / Part 2 / Chapter 203 / Section 2061
23 §2061. Discontinuance before damages paid; proceedings
Status: in_force

When the way is discontinued before the time limited for the payment of damages, the commissioners may revoke their order of payment, and estimate the damages actually sustained and order them paid. Any person aggrieved may have them assessed by a committee or jury as provided.
23 M.R.S. § 564 — ME Code / Title 23 / Part 1 / Chapter 9 / Section 564
23 §564. Minor spans
Status: in_force

The department has maintenance responsibility and capital responsibility for all minor spans on state aid highways, unless provided otherwise pursuant to section 566, subsection 5 . [PL 2001, c. 314, §2 (NEW); PL 2001, c. 314, §4 (AFF).]

A municipality has maintenance responsibility and capital responsibility for all minor spans on town ways except as provided otherwise pursuant to section 566, subsection 5 . For a minor span located on a town line, the municipalities shall equally share capital responsibility unless the municipalities agree otherwise. [PL 2001, c. 314, §2 (NEW); PL 2001, c. 314, §4 (AFF).]

Upon request by a municipality, the department shall provide limited technical advice regarding repair and capital improvement options without assuming any cost of or liability to the municipality. [PL 2001, c. 314, §2 (NEW); PL 2001, c. 314, §4 (AFF).]
23 M.R.S. § 4408 — ME Code / Title 23 / Part 6 / Chapter 412 / Section 4408
23 §4408. Lifetime ferry passes for retired ferry service employees
Status: in_force

A former state employee who is receiving retirement benefits after at least 15 years of employment with the Maine State Ferry Service and who is a year-round resident of one of the served islands of the Maine State Ferry Service is eligible to receive a lifetime ferry pass and a waiver from any reservation fees if the lifetime ferry pass is presented when making the reservation. For the purposes of this section, "lifetime ferry pass" means a nontransferable pass that provides on a ferry operated by the Maine State Ferry Service: [PL 2025, c. 228, §1 (NEW).]

1. Walk-on passage. Unlimited walk-on passage for a passenger to and from the island on which the retiree resides; and [PL 2025, c. 228, §1 (NEW).]

2. Passenger and vehicle passage. One round-trip passage per month for a passenger and that passenger's vehicle during peak season as determined by rules adopted by the Department of Transportation and 2 round-trip passages per month during off-peak season as determined by rules adopted by the department. A reservation for passage described in this subsection must follow rules adopted by the department. For the purposes of this subsection, "vehicle" means a noncommercial motor vehicle with 4 tires or fewer and an overall length of 20 feet or less. [PL 2025, c. 228, §1 (NEW).]

Revisor's Note: §4408. Overnight docking of ferries; legislative approval (As enacted by PL 2025, c. 282, §1 is REALLOCATED TO TITLE 23, SECTION 4409)
23 M.R.S. § 154-D — ME Code / Title 23 / Part 1 / Chapter 3 / Section 154-D
23 §154-D. Notice to vacate
Status: in_force

No person lawfully occupying real property shall be required to move from a dwelling or move his business or farm operation without at least 90 days written notice from the department of the date by which such move is required. [PL 1971, c. 593, §22 (AMD).]

Any person displaced by a taking or acquisition who remains in occupancy after the date of acquisition may be required to pay compensation from the date of the acquisition. The compensation paid by the displaced person may not exceed fair rental value of the property based on short-term occupancy. If the displaced person and the department cannot reach agreement as to equivalent of fair rental value for the initial 90-day period after acquisition, each may apply to the State Claims Commission in writing for such a determination. The State Claims Commission's jurisdiction to determine the fair rental value is limited solely to the initial 90-day period. Any compensation to be paid by the displaced person after the initial 90-day period must be determined solely by the department. [PL 1999, c. 753, §2 (AMD).]
23 M.R.S. § 8117 — ME Code / Title 23 / Part 7 / Chapter 621 / Section 8117
23 §8117. Fair practices; affirmative action
Status: in_force

The authority is subject to and shall comply with Title 5, chapter 65 . [PL 1995, c. 374, §3 (NEW).]
23 M.R.S. § 1853 — ME Code / Title 23 / Part 1 / Chapter 19 / Section 1853
23 §1853. State infrastructure bank; finding
Status: in_force

The legislature finds that new financing mechanisms are necessary to provide greater flexibility and additional funds for needed transportation infrastructure projects in the State. The creation of a financing mechanism, in conformance with the National Highway System Designation Act of 1995, Public Law 104-59, Section 350, relating to a state infrastructure bank program will enable the State, counties and municipalities to use federal and state highway funds to construct transportation projects eligible for assistance under Section 350. These funds must be deposited into specific accounts in the department. From these accounts, loans may be made to counties and municipalities for eligible transportation projects. [PL 1997, c. 395, Pt. I, §1 (NEW).]

For purposes of this subchapter, a project is an "eligible transportation project" and is "eligible for assistance" when it complies with the eligibility criteria established in the National Highway System Designation Act of 1995, Public Law 104-59, Section 350. [PL 1997, c. 395, Pt. I, §1 (NEW).]
23 M.R.S. § 7214 — ME Code / Title 23 / Part 7 / Chapter 617 / Section 7214
23 §7214. Signboards at grade crossings; ringing of engine bells
Status: in_force

Every railroad corporation shall cause signboards with the words "Railroad Crossing" distinctly painted on each side of the signboards, or as a minimum on one side if signboards are placed facing on-coming traffic in each direction, in letters plainly legible, to be placed and constantly maintained at the side of highways and town ways where they are crossed at grade by those railroads, on posts or other structures, in a position as to be easily seen by persons passing on those ways. Every corporation shall cause a whistle and a bell of at least 35 pounds in weight to be placed on each locomotive used on its railroad, and the whistles shall be sounded as a warning beginning at a distance of 990 feet, on standard or narrow gauge railroads, from all crossings of those ways on the same level, unless the Department of Transportation, on petition of the corporation or of the municipal officers or of 10 or more residents of any city or town in which the crossing is located, after notice and hearing, shall order the sounding of the whistle to be discontinued in any city or village until further order of the department. The bell shall be rung at a distance of 990 feet, on standard or narrow gauge railroads, from grade crossings and be kept ringing until the engine has passed the crossings. On petition of 10 or more residents of the State, after notice to the railroad corporation and a public hearing, the department may in writing order the corporation to give additional warning to travelers on those ways by requiring the sounding of the whistles or the ringing of the bells at other places where the railroads cross the public ways other than at grade or run contiguous to the ways, and the orders shall have the same force and place the same obligations on railroad corporations as when required under this section. [PL 1989, c. 398, §8 (NEW).]

The Commissioner of Transportation may temporarily erect experimental signs at certain grade crossings instead of the signboards with the words "Railroad Crossing," as required in this section, for the purpose of conducting research for the development of improved signs. The erection of experimental signs by the department at a particular crossing shall relieve the railroad company using that crossing from any liability in damages, which might otherwise arise against that company by the temporary removal or temporary obliteration of the railroad company signboard required by this section. The erection and removal of the temporary signs shall be at the expense of the department and the removal and reinstallation of signboards with the words "Railroad Crossing" shall also be at the expense of the department. [PL 1989, c. 398, §8 (NEW).]

Nothing in this section prevents the department from making further rules for safety at any crossing, including a private, temporary, farm or industrial crossing, as it deems expedient or necessary. [PL 1989, c. 398, §8 (NEW).]
23 M.R.S. § 705 — ME Code / Title 23 / Part 1 / Chapter 13 / Section 705
23 §705. Culverts
Status: in_force

The Department of Transportation shall oversee the installation or replacement of culverts within the right-of-way on state and state aid highways lying outside the compact area of an urban compact municipality as defined in section 754 . An abutter desiring to establish a new driveway, entrance or approach on these highways must first comply with section 704 and any rules adopted under section 704 . If the department determines that a culvert is required, the abutter shall, at the abutter's expense, provide a culvert meeting department standards and install the culvert in a manner satisfactory to the department. The abutter has continuing responsibility for the condition and stability of the access, including replacement of any culverts or other structures pertaining to the access, subject to the department's ongoing jurisdiction over the right-of-way. [PL 2009, c. 315, §1 (AMD).]

When the department determines that, in order to reestablish access to an abutting property, a culvert replacement is required for an existing driveway, entrance or approach located within the highway limits as part of a capital highway or ditching project or emergency response effort, the department is responsible for the cost of the replacement. [PL 2009, c. 315, §1 (NEW).]

When the department determines a culvert replacement is not required for an existing driveway, entrance or approach located within the highway limits, the abutter is responsible for the cost of any replacement. [PL 2009, c. 315, §1 (NEW).]

For locations on town ways and on state and state aid highways within the compact area of an urban compact municipality pursuant to section 754 , the municipality must be petitioned by the abutter pursuant to section 704 . Should a permit be issued, the abutter shall provide, at the abutter's expense, a culvert satisfactory to the municipality, which the municipality shall install and maintain. [PL 1999, c. 473, Pt. C, §2 (AMD).]
23 M.R.S. § 5174 — ME Code / Title 23 / Part 7 / Chapter 605 / Section 5174
23 §5174. Extension of redemption time after foreclosure commenced
Status: in_force

The persons interested in a prior mortgage on which a foreclosure is commenced, at a meeting called for the purpose, may extend the time of redemption. Thereupon the trustees of the mortgage, by a suitable writing, delivered to the party entitled to redeem, shall extend the time accordingly. [PL 1987, c. 141, Pt. A, §4 (NEW).]
23 M.R.S. § 6018 — ME Code / Title 23 / Part 7 / Chapter 607 / Section 6018
23 §6018. Use of passenger stations
Status: in_force

Whenever any railroad passenger station is erected or maintained in any city or town in this State, any railroad corporation having or using a track or passenger station within that city or town may run its passenger trains to and from the station, over any railroad track or tracks leading to the station, and use the same for the purpose of delivering and receiving through passengers, under such reasonable terms and regulations and over such tracks as may be agreed upon by the owner of the station, the railroad whose tracks are used in running to and from the same and the railroad corporation so desiring its use for that purpose and, in case of disagreement, upon petition, notice and hearing, the Department of Transportation shall fix and determine those terms, tracks and rules. No corporation which denies, in any proceedings, the authority of the Department of Transportation to proceed and make the determination, or which refuses to abide by its decision rendered in the proceedings, may avail itself of this section. [PL 1987, c. 141, Pt. A, §4 (NEW).]
23 M.R.S. § 5162 — ME Code / Title 23 / Part 7 / Chapter 605 / Section 5162
23 §5162. Overdue bonds and coupons for record
Status: in_force

Each holder of overdue bonds or coupons shall present them to the trustees at least 30 days before the right of redemption expires, to be recorded by them. That right is not lost by the nonpayment of any claims not so presented. The parties having the right to redeem shall have free access to the record of the claims. [PL 1987, c. 141, Pt. A, §4 (NEW).]
23 M.R.S. § 7005 — ME Code / Title 23 / Part 7 / Chapter 611 / Section 7005
23 §7005. Negligence of employees
Status: in_force

Any person employed in conducting trains, who is guilty of negligence or carelessness causing an injury, shall be punished by a fine of not more than $1,000 or by imprisonment for not more than 11 months; but the corporation employing him is not thereby exempt from responsibility. [PL 1987, c. 141, Pt. A, §4 (NEW).]
23 M.R.S. § 1204 — ME Code / Title 23 / Part 1 / Chapter 15 / Section 1204
23 §1204. Form, height and design
Status: in_force

On all state and state aid highways, all guideposts shall be of such reasonable form, height and design as the department shall designate and shall be erected only upon approval of the department. [PL 1971, c. 593, §22 (AMD).]
23 M.R.S. § 1925 — ME Code / Title 23 / Part 1 / Chapter 21 / Section 1925
23 §1925. Administration of chapter
Status: in_force

Except as otherwise provided in this chapter, the commissioner shall administer this chapter. The commissioner may employ, subject to the Civil Service Law, clerical and other assistants required for the administration of this chapter. The commissioner may delegate to personnel of the Department of Transportation the authority to administer this chapter. The commissioner shall adopt rules for the implementation of this chapter that are substantially compliant with the Manual on Uniform Traffic Control Devices published by the Federal Highway Administration and other national engineering standards. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. The commissioner may execute contracts and other agreements to carry out the purposes of this chapter. [PL 2013, c. 529, §10 (AMD).]

The Maine Turnpike Authority shall implement and administer the provisions of this chapter relating to signs on the Maine Turnpike in accordance with section 1965 . [PL 2013, c. 529, §10 (NEW).]

1. Administration of chapter. [PL 1981, c. 318, §4 (RP).]

2. Effective date. [PL 1981, c. 318, §4 (RP).]
23 M.R.S. § 2151 — ME Code / Title 23 / Part 2 / Chapter 207 / Section 2151
23 §2151. Call of meeting; notices
Status: in_force

When a petition is presented respecting a way in 2 or more counties, the commissioners receiving the petition, being satisfied as aforesaid, may call a meeting of the commissioners of all the counties, to be held at a time and place named, by causing an attested copy of such petition and of their order thereon to be served upon their chairmen. They shall give notice of such meeting by causing a like copy to be published in the state paper and in one paper, if any, printed in every such county, and by posting it in 3 public places in each town interested and serving it on the clerk thereof. These notices shall be posted, served and published 30 days before the time of meeting.
23 M.R.S. § 1978 — ME Code / Title 23 / Part 1 / Chapter 24 / Section 1978
23 §1978. Termination of the authority
Status: in_force

The authority shall not be dissolved until such time as: [PL 1981, c. 595, §3 (NEW).]

1. Legislature provide for termination. The Legislature shall provide for its termination; and [PL 1981, c. 595, §3 (NEW).]

2. Payment of bonds, premiums and interest. All bonds, the premium, if any, and the interest thereon shall have been paid or a sufficient amount for the payment of all bonds and the interest to maturity or prior redemption date thereon shall have been irrevocably set aside in trust for the benefit of the bondholders. [PL 1981, c. 595, §3 (NEW).]
23 M.R.S. § 1918 — ME Code / Title 23 / Part 1 / Chapter 21 / Section 1918
23 §1918. Applications licensing of official business directional signs
Status: in_force

1. Submitting applications. Any person who is eligible under section 1909 for an official business directional sign may submit to the commissioner a written application therefor, on a form prescribed by the commissioner. The application shall set forth the name and address of the applicant, the name, nature and location of the business, the location where an official business directional sign is desired and such other information as the department may require. The applicant shall tender with the application the standard license fee stated in section 1919 for each sign requested. [PL 1981, c. 318, §4 (RPR).]

2. Granting licenses. Following receipt of an application for an official business directional sign, the commissioner shall approve or disapprove the application. The commissioner shall not approve an application unless the requested location conforms to the regulations of the commissioner adopted pursuant to this chapter. The granting of licenses for official business directional signs on the interstate systems by the commissioner is contingent upon any requirement precedent to such approval, such as the concurrence of federal officials. If the application is approved, the commissioner shall issue the license. If it is not approved, the commissioner shall return the application and fee, stating the reasons for refusal and giving the applicant an opportunity to correct any defects or to be heard, within 30 days, by the commissioner. Upon written request by the applicant, the commissioner shall hear the matter and notify the applicant of his findings and decision. Any person aggrieved by the decision of the commissioner may, within 30 days of receipt of the notice thereof, appeal to the Superior Court in the county where the sign is proposed to be located. The appeal shall not be de novo and shall be pursuant to the Maine Rules of Civil Procedure, Rule 80b. [PL 1981, c. 318, §4 (RPR).]
23 M.R.S. § 5188 — ME Code / Title 23 / Part 7 / Chapter 605 / Section 5188
23 §5188. Organization certificate filed with Secretary of State
Status: in_force

Whenever a corporation is organized under section 5163 , 5181 or 5185 , or under any other law by which a return is not specifically required, the corporation shall file with the Secretary of State a certificate signed and sworn to by the president, treasurer and a majority of the directors of that corporation, setting forth the name of the corporation and all facts as to that organization which are necessary to give full information in relation to that organization. The organization of that corporation shall date from, and it shall have the authority and rights of a corporation, only after filing the certificate. [PL 1987, c. 141, Pt. A, §4 (NEW).]
23 M.R.S. § 1917-B — ME Code / Title 23 / Part 1 / Chapter 21 / Section 1917-B
23 §1917-B. Unlawful removal of temporary signs
Status: in_force

A person who takes, defaces or disturbs a sign placed within the public right-of-way in accordance with section 1913‑A, subsection 1, paragraph L commits a civil violation for which a fine of up to $250 may be adjudged. This section does not apply to a person authorized to remove signs placed within the public right-of-way in accordance with section 1913‑A, subsection 1, paragraph L . [PL 2015, c. 403, §6 (NEW).]
23 M.R.S. § 4210-B — ME Code / Title 23 / Part 5 / Chapter 410 / Section 4210-B
23 §4210-B. Multimodal Transportation Fund
Status: in_force

1. Establishment of fund. The Multimodal Transportation Fund, referred to in this section as "the Multimodal Transportation Fund" is established as an Other Special Revenue Funds program through the Department of Administrative and Financial Services. Funds appropriated, allocated, transferred or deposited in the account accrue interest earnings that must be used within the Multimodal Transportation Fund. [PL 2011, c. 649, Pt. E, §2 (AMD).]

2. Establishment of program. The department shall establish the Multimodal Transportation Fund program through the Department of Administrative and Financial Services, Office of the State Controller. [PL 2011, c. 649, Pt. E, §2 (AMD).]

3. Use of funds. The funds deposited into and disbursed from the Multimodal Transportation Fund must be used for the purposes of purchasing, operating, maintaining, improving, repairing, constructing and managing the assets of multimodal forms of transportation, including, but not limited to, transit, aeronautics, marine and rail, of the State, municipalities and multimodal providers. The commissioner may use the funds to make loans to counties, municipalities, state agencies and quasi‑state government agencies for multimodal forms of transportation upon such terms as the commissioner determines, including secured and unsecured loans, and in connection with the secured and unsecured loans take appropriate actions to protect the security and safeguard against losses, including foreclosure and the bidding upon and purchase of property upon foreclosure or other sale. [PL 2019, c. 415, Pt. D, §1 (AMD).]

4. Disbursements from fund. [PL 2011, c. 649, Pt. E, §2 (RP).]

5. Other fund sources. The Multimodal Transportation Fund may accept funds from other sources, including, but not limited to, the Federal Railroad Administration, to carry out the provisions of this section. [PL 2025, c. 390, Pt. A, §42 (AMD).]

6. Financial management. All assets including the cash balance, liabilities and equity in the Augusta State Airport Fund must be transferred to the Multimodal Transportation Fund and accounted for in a manner prescribed by the Department of Administrative and Financial Services, Office of the State Controller. [PL 2011, c. 649, Pt. E, §2 (AMD).]

7. Sales tax revenue. [PL 2011, c. 649, Pt. E, §2 (AMD); MRSA T. 23 §4210-B, sub-§7 (RP).]

7-A. Sales tax revenue. On July 1st of each year, the State Controller shall transfer to the Multimodal Transportation Fund an amount, as certified by the State Tax Assessor, that is equivalent to 100% of the revenue from the tax imposed on the value of rental for a period of less than one year of an automobile pursuant to Title 36, section 1811 for the first 6 months of the immediately prior fiscal year after the reduction for the transfer to the Local Government Fund as described by Title 30‑A, section 5681, subsection 5 , the transfers to the sales tax funds pursuant to Title 36, section 1815 and the transfer to the ATV Recreational Management Fund pursuant to Title 36, section 1820 . On October 1st of each year, the State Controller shall transfer to the Multimodal Transportation Fund an amount, as certified by the State Tax Assessor, that is equivalent to 100% of the revenue from the tax imposed on the value of rental for a period of less than one year of an automobile pursuant to Title 36, section 1811 for the last 6 months of the immediately prior fiscal year after the reduction for the transfer to the Local Government Fund as described by Title 30‑A, section 5681, subsection 5 , the transfers to the sales tax funds pursuant to Title 36, section 1815 and the transfer to the ATV Recreational Management Fund pursuant to Title 36, section 1820 . The tax amount must be based on actual sales for that fiscal year and may not consider any accruals that may be required by law. [PL 2023, c. 643, Pt. H, §1 (AMD); PL 2023, c. 643, Pt. H, §29 (AFF); PL 2023, c. 673, §1 (AMD); PL 2023, c. 673, §28 (AFF).]
23 M.R.S. § 3707 — ME Code / Title 23 / Part 3 / Chapter 315 / Section 3707
23 §3707. Failure to repair in 4 months; collection
Status: in_force

If the assessors neglect to make such assessment provided for in section 3706 and to certify it to the clerk and the defective way is not repaired to the acceptance of such agent within 4 months after notice of the fine, the court may issue a warrant to collect of the town the fine and costs or the unpaid part thereof.
23 M.R.S. § 563 — ME Code / Title 23 / Part 1 / Chapter 9 / Section 563
23 §563. Inspection, posting and closure
Status: in_force

The department shall inspect all structures on public ways. [PL 2017, c. 154, §1 (AMD).]

1. Municipal-maintained structures. For a structure for which a municipality has maintenance responsibility, the department shall advise the municipality of its inspection findings and noted deficiencies. The department shall notify the municipality when a structure requires a posting or closure, and the municipality shall post or close the structure. The department may post or close a structure to protect the traveling public from an imminent hazard. The municipality is responsible for all costs and expenses related to the posting and closure, including any needed notifications, procedures, signing and barricades. [PL 2021, c. 201, §1 (AMD).]

2. Department-maintained structures. For a structure for which the department has maintenance responsibility, the department has sole responsibility and authority to determine whether the structure must be posted or closed, except that a municipality may close the structure in cases of emergency. If the municipality becomes aware of deficiencies in a structure that could impact posting or closure decisions, the municipality shall promptly notify the department. The department is responsible for all costs and expenses related to the posting and closure, including any needed notifications, procedures, signing and barricades. [PL 2001, c. 314, §2 (NEW); PL 2001, c. 314, §4 (AFF).]
23 M.R.S. § 1203 — ME Code / Title 23 / Part 1 / Chapter 15 / Section 1203
23 §1203. Cities and towns
Status: in_force

Suitable markers shall be placed by the department on all trunk line roads and all state aid roads, designating the point of entry and exit to and from the several cities and towns along the lines of said highways. [PL 1971, c. 593, §22 (AMD).]

The cost to the State for carrying out this section shall be paid from funds available for the maintenance of state and state aid highways.
23 M.R.S. § 302 — ME Code / Title 23 / Part 1 / Chapter 7 / Section 302
23 §302. Use
Status: in_force

The department shall have full power and authority to lay out, establish, acquire, open, construct, improve, maintain, discontinue and regulate the use of controlled access highways within this State in the same manner or manners in which said department may now lay out, establish, acquire, open, construct, improve, maintain, discontinue and regulate the use of highways within the State. The department shall have any and all other additional authority and power relative to such controlled access highways as they now respectively possess relative to highways, including the authority and power to acquire or accept title to the lands or rights of way needed for the same. [PL 1971, c. 593, §22 (AMD).]

In connection with the laying out and establishment of a controlled access highway the department may take in fee or lesser estate, by purchase, gift, devise or by eminent domain under chapters 1 to 19 , part or all of any part of land adjoining the highway location which, by reason of such laying out and establishment of a controlled access highway, has been severed from legal access to any public highway. [PL 1971, c. 593, §22 (AMD).]
23 M.R.S. § 54 — ME Code / Title 23 / Part 1 / Chapter 3 / Section 54
23 §54. Highway openings
Status: in_force

Wherever highways maintained by the State are affected, whether the highways are situated in cities, towns or plantations, the department has all and the same rights, powers and duties in connection therewith as are granted to cities in city streets by sections 3351 to 3359 , and to cities and towns by Title 35‑A, sections 2306 and 2310 . Whenever the opening fee provided by section 3354 or by Title 35‑A, section 2510 , has been paid to the department and a permit for digging up and opening a highway maintained by the State has been issued by the department, the holder of the permit is entitled to make the opening described therein without the payment of fees to the city or town or village corporation in which the street, road or highway to be opened is situated. [PL 1997, c. 393, Pt. A, §24 (AMD).]
23 M.R.S. § 2701 — ME Code / Title 23 / Part 3 / Chapter 301 / Section 2701
23 §2701. Powers and duties
Status: in_force

The road commissioner, under the direction of a majority of the members of the select board, has charge of the repairs of all highways and bridges within the towns and has authority to employ the necessary personnel and equipment and purchase material for the repair of highways and bridges. The road commissioner shall give bond to the satisfaction of the select board and is responsible to the select board for the expenditure of money and discharge of the road commissioner's duties generally. In the absence of a statute, charter provision or ordinance to the contrary, any decision involving the duties and responsibilities of the road commissioner must be made by a majority of the members of the select board, whose decision is final. The road commissioner's compensation must be such sum as the legislative body votes annually. The road commissioner shall render to the select board monthly statements of the road commissioner's expenditures and may not receive any money from the treasury, except on the order of the select board. [PL 2021, c. 275, §8 (AMD).]

If a majority of the members of the select board determines that a condition exists in any town way that creates a hazard and renders the way unsafe for travelers with motor vehicles, the select board shall give written notice to the road commissioner of this condition and order the road commissioner to eliminate it or take interim measures to protect the public within 24 hours. If the road commissioner fails to act as directed by the select board, a majority of the members of the select board may enter contracts or take any other steps necessary to eliminate the safety hazard. [PL 2021, c. 275, §8 (AMD).]
23 M.R.S. § 1252 — ME Code / Title 23 / Part 1 / Chapter 15 / Section 1252
23 §1252. Signs to be clearly visible; removal of obstructions
Status: in_force

The signs referred to in section 1251 shall be of such size, design and color as shall be established by order of the Department of Transportation. Such signs shall be placed in conspicuous locations at a distance not less than 300 feet from the nearest rail of such crossing unless conditions make it reasonable to cause such signs to be located at a lesser distance from said rail. Such locations shall always be kept clear that such signs shall be plainly visible and the municipal officers of the several towns in which such signs are located are authorized and required either on their own motion or when requested by the department to cut down, trim or remove all bushes, trees or other obstructions which may impair the view of any such signs. [PL 1971, c. 593, §9 (RPR).]
23 M.R.S. § 1952 — ME Code / Title 23 / Part 1 / Chapter 23 / Section 1952
23 §1952. Fallen State Trooper Dedication Program
Status: in_force

The Fallen State Trooper Dedication Program is established. The Department of Transportation, in collaboration with the Department of Public Safety, shall designate one mile of the state highway system to a state police officer who dies in the performance of that officer's duty within one year of the death. The one-mile section must be located as close as possible to the patrol area of the fallen officer, and the Department of Transportation shall install appropriate signs in both directions of the roadway. The Department of Transportation and the Department of Public Safety shall share responsibility for expenses related to the maintenance of signs installed under this section. [PL 2021, c. 198, §1 (NEW).]

The State Police shall notify the Department of Transportation of a deceased state police officer who is eligible for designation under this section. [PL 2021, c. 198, §1 (NEW).]
23 M.R.S. § 1301 — ME Code / Title 23 / Part 1 / Chapter 15 / Section 1301
23 §1301. Clearance markings
Status: in_force

The department shall mark all overpasses on all state and state aid highways, and on all other highways for which state funds are provided by law, with the height of the clearance of such overpass and such markings shall be maintained so as to be clearly visible for a distance of 200 feet on the highway. The same requirements shall apply to highway bridges when the vertical underclearance is limited by the portal, bracing or other structural members. This section shall apply only when the vertical clearance is less than 14 feet 6 inches. The clearance indicated is to be the normal summer clearance. Such overpasses not indicated herein shall be marked by the municipalities in which the same shall be found and in accordance with the standards for marking set forth. [PL 1971, c. 593, §22 (AMD).]
23 M.R.S. § 5152 — ME Code / Title 23 / Part 7 / Chapter 605 / Section 5152
23 §5152. Rights of coupon holders
Status: in_force

When coupons for interest issued with bonds are, for a valuable consideration, detached and assigned by delivery, the assignee may maintain a civil action upon them in his own name against the corporation engaging to pay them. [PL 1987, c. 141, Pt. A, §4 (NEW).]
23 M.R.S. § 703-B — ME Code / Title 23 / Part 1 / Chapter 13 / Section 703-B
23 §703-B. Financing new road construction
Status: in_force

If the municipal officers of one or more municipalities determine it necessary that a public road be constructed to spur economic development, downtown revitalization or neighborhood preservation; to create new housing stock; to promote mixed-use or densely settled village centers; or to enhance public safety, then the municipal officers may petition the Department of Transportation to finance from the Highway Fund up to 50% of the cost of the proposed road construction, subject to available funds. The municipality shall have a department-approved transportation plan for state and state aid highways and comply with the policies and procedures adopted by the department. The municipality is responsible for securing the balance of funds and for undertaking project design, permitting and construction following department guidelines. The public road must meet state design standards and function as a major collector or arterial highway as defined in department rules. Prior to the commitment of funds by the department, the department shall notify the participating municipalities of the likely classification of the proposed road and what, if any, changes in classification might result for existing public ways in the project area. [PL 2005, c. 643, §1 (NEW).]
23 M.R.S. § 7312 — ME Code / Title 23 / Part 7 / Chapter 619 / Section 7312
23 §7312. Participation in the Federal Railroad Administration Track and Equipment Safety and Inspection Program
Status: in_force

The commissioner shall have the authority to participate in carrying out investigative and surveillance activities in connection with any rule, regulation, order or standard prescribed by the Secretary of Transportation of the United States under the authority of the Federal Railroad Safety Act of 1970, Public Law 91-458, provided that the commissioner shall comply with all the requirements imposed by the United States Code, Title 45, section 435. The commissioner may employ such expert, professional or other assistance as is necessary to carry out the activities authorized by this section. [PL 1989, c. 398, §9 (NEW).]
23 M.R.S. § 53-A — ME Code / Title 23 / Part 1 / Chapter 3 / Section 53-A
23 §53-A. Seasonal parkways
Status: in_force

1. Classification. The department may lay out, establish, acquire, open, construct, improve, maintain, discontinue and regulate as a state highway seasonal access road roads to public recreational areas which shall be classified "seasonal parkways." [PL 1971, c. 593, §22 (AMD).]

2. Limitations. Such public highway shall be subject to the following conditions or limitations. A. It shall be designed, constructed and maintained for seasonal use only, except as otherwise provided in this section. [PL 1971, c. 556 (NEW).] B. It shall be primarily for noncommercial vehicle and light-load commercial vehicle use. [PL 1971, c. 556 (NEW).] C. Access may be allowed only at public highway intersections designated by the department or at private road intersections approved by the department. [PL 1971, c. 593, §22 (AMD).] D. Construction standards shall be commensurate with public seasonal use and need as shall be determined by the department. [PL 1971, c. 593, §22 (AMD).] E. The department shall have full power and authority to regulate the use of seasonal parkways which shall include, but not be limited to, utility installations, speed and load weight, and snowmobiling. [PL 1971, c. 593, §22 (AMD).] F. The department may develop the natural scenic beauty along and adjacent to seasonal parkways. [PL 1971, c. 593, §22 (AMD).] G. The department shall close seasonal parkways to motor vehicular use for such seasonal periods deemed consistent with the public use and deemed expedient for the reduction of maintenance costs and undue abuse or deterioration to the highway caused by use during periods when adverse climatic conditions prevail. The road, or portions thereof, shall be officially closed when the department erects appropriate barricades across the way with a conspicuous notice posted thereon which shall set forth the time period the road shall remain closed. [PL 1971, c. 593, §22 (AMD).] H. The construction, reconstruction, improvement and maintenance of seasonal parkways and bridges thereon shall be borne wholly by the State under allocations for state highways and the department may contract for construction, reconstruction, improvement or maintenance as with state highways. [PL 1971, c. 593, §22 (AMD).] I. The department may make and enforce rules and regulations relating to construction and maintenance of seasonal parkways. [PL 1971, c. 593, §22 (AMD).] J. The department shall not designate, lay out or construct and maintain any seasonal parkway until and unless an adequate right-of-way be conveyed to the State without cost and a waiver filed for any and all damages which may result to the remaining land from the construction and further, such conveyance shall include such rights of access as the department requires. [PL 1971, c. 593, §22 (AMD).] [PL 1971, c. 593, §22 (AMD).]
23 M.R.S. § 703-A — ME Code / Title 23 / Part 1 / Chapter 13 / Section 703-A
23 §703-A. Access roads to bridges of historic significance
Status: in_force

1. Petition. The town officers of one or more towns or the county commissioners, if they are acting in the capacity of town officers, may petition the department for the reconstruction or rehabilitation of a town way that serves as an access road to a bridge designated pursuant to section 603 as a bridge of historic significance. The department shall hold a public hearing on the proposal. If the department decides reconstruction or rehabilitation of the road is warranted, it may arrange for reconstruction or rehabilitation under the following conditions. A. The cost of reconstruction or rehabilitation must be paid 75% from the Highway Fund, subject to available funds, and 25% from the town, towns, county or counties involved. [PL 1997, c. 547, §1 (NEW).] B. The department has the responsibility for the supervision of the reconstruction or rehabilitation of the road. [PL 1997, c. 547, §1 (NEW).] C. No such road may be reconstructed or rehabilitated until the town, towns, county or counties involved have appropriated or raised, by taxation or otherwise, a sum sufficient to pay to the State its proportionate share of the cost of the reconstruction or rehabilitation under this section. [PL 1997, c. 547, §1 (NEW).] D. Upon completion of the reconstruction or rehabilitation, the town, towns, county or counties in which the section of the town way is located shall assume the responsibility for maintaining the road. [PL 1997, c. 547, §1 (NEW).] For the purposes of this section, "town" means any unit of local government, including municipalities, towns, cities, plantations and unorganized townships. [PL 1997, c. 547, §1 (NEW).]
23 M.R.S. § 3034 — ME Code / Title 23 / Part 3 / Chapter 304 / Section 3034
23 §3034. Structures located in proposed ways
Status: in_force

1. Action to compel removal. When any structure, for 20 years, has been continuously located, in whole or in part, within a proposed, unaccepted way laid out in a subdivision plan recorded in the registry of deeds, and lots have been sold with reference to this plan, no action may be maintained by any person to compel removal of the structure based upon the fact of its location within the proposed, unaccepted way. For the purposes of this section, person includes a corporation, partnership, governmental entity or other entity. Nothing in this section may be construed to restrict or affect private rights in a proposed, unaccepted way which come into existence under common law, in equity or under existing statutes. This section shall not be construed for any reason to extend the 20-year period set forth in this subsection. [PL 1987, c. 385, §2 (NEW).]

2. Applicability. This section applies to structures existing and proposed, unaccepted ways laid out on subdivision plans recorded in registries of deeds before, on or after the effective date of this section, except that: A. When a structure is located within a proposed, unaccepted way laid out on a subdivision plan recorded in the registry of deeds 20 years or more before the effective date of this section, any person, other than the owner of the structure, who claims a right or interest of any kind in the land within the proposed, unaccepted way, or any person claiming by, through or under such a person, may preserve his right or interest by recording the notice set forth in subsection 3 , within 2 years after the effective date of this section, in the registry of deeds where the pertinent subdivision plan is recorded; and [PL 1987, c. 385, §2 (NEW).] B. When a structure is located within a proposed, unaccepted way laid out on a subdivision plan recorded in the registry of deeds less than 20 years before the effective date of this section, any person, other than the owner of the structure, who claims a right or interest of any kind in the land within the proposed, unaccepted way, or any person claiming by, through or under such a person, may preserve his right or interest by recording the notice set forth in subsection 3 , in the registry of deeds where the pertinent subdivision plan is recorded, within the later of: (1) Twenty years from the date of the recording of the subdivision plan, on which the way is laid out, in the registry of deeds; or (2) Two years after the effective date of this section. [PL 1987, c. 385, §2 (NEW).] A person seeking to preserve a right or interest under paragraph A or B , within one year after the recording of the notice, shall bring an action to quiet title to establish the existence and extent of his claimed right or interest. [PL 1987, c. 385, §2 (NEW).]

3. Notice. The notice required under subsection 2, paragraphs A and B , shall contain: A. An intelligible description of the land in which the right or interest is claimed; [PL 1987, c. 385, §2 (NEW).] B. The name and address of the person on whose behalf the right or interest is claimed; [PL 1987, c. 385, §2 (NEW).] C. A description of the structure claimed to be within the proposed, unaccepted way in which the person claims a right or interest; [PL 1987, c. 385, §2 (NEW).] D. The name and address of the owner of the structure; [PL 1987, c. 385, §2 (NEW).] E. A description, including specific reference, by date of recording and the volume and page numbers, of the recorded instrument upon which the person claims the right to or interest in the recorded source of title; and [PL 1987, c. 385, §2 (NEW).] F. A duly verified oath taken by the person claiming the right or interest before a person authorized to administer oaths. [PL 1987, c. 385, §2 (NEW).] [PL 1987, c. 385, §2 (NEW).]

4. Register's duties. In indexing a notice presented for recording under subsection 2 , the register of deeds shall make an entry: A. In the grantee index of deeds under the name of the person making the claim in the notice; and [PL 1987, c. 385, §2 (NEW).] B. In the grantor index of deeds under the name of the owner of the structure described in the notice. [PL 1987, c. 385, §2 (NEW).] The register of deeds may charge the same fee for recording the notice that is charged for recording deeds. [PL 1987, c. 385, §2 (NEW).]

5. Who may present notice for recording. The notice required under subsection 2 may be presented for recording by the person claiming the right or interest or a person acting on his behalf. Disability or lack of knowledge by the person claiming the right or interest shall not extend the time limitations related to the recording of the notice. [PL 1987, c. 385, §2 (NEW).]

6. Mailing the notice. Within 20 days of the recording of the notice required under subsection 2, the person who presented the notice for recording shall deliver or mail, to the owner's last-known address, a copy of the notice to the owner of the structure described in the notice. [PL 1987, c. 385, §2 (NEW).]
23 M.R.S. § 7203 — ME Code / Title 23 / Part 7 / Chapter 617 / Section 7203
23 §7203. Maintenance of railroad crossings already laid out
Status: in_force

Notwithstanding any section of Part 7 , in case of ways already laid out which cross over or under any railroad track or tracks and not at grade, the allocation of the expense of maintaining so much of the way as is within the limits of the railroad shall be determined, de novo, as provided by section 7202 , by the Department of Transportation on application to it by any corporation whose track is or tracks are so crossed, or on application by the municipal officers of any town in which the crossing is located, or on application by the Department of Transportation. [PL 1989, c. 398, §8 (NEW).]
23 M.R.S. § 7108 — ME Code / Title 23 / Part 7 / Chapter 615 / Section 7108
23 §7108. Calais Branch rail corridor
Status: in_force

1. Repaid funds to be used to preserve rail corridor. Notwithstanding any other provision of law, funds repaid to the Department of Transportation as a result of state investments or loans for the redevelopment of the Calais Branch rail corridor must be used by the department to preserve the rail corridor. [PL 2007, c. 329, Pt. O, §1 (NEW).]

2. Reservation of right to use rail corridor for rail purposes. The Department of Transportation reserves the right to terminate at any time the use of the Calais Branch rail corridor for recreational purposes and to use the Calais Branch rail corridor for railroad purposes. [PL 2007, c. 329, Pt. O, §1 (NEW).]
23 M.R.S. § 4210-A — ME Code / Title 23 / Part 5 / Chapter 410 / Section 4210-A
23 §4210-A. Payment for cost of relocating utility facilities underground in federally designated historic districts on federal aid highways
Status: in_force

1. Reimbursement. The department, in the course of delivering the federal surface transportation program, 23 United States Code, Section 133 (2005) may reimburse a National Register Historic District or the community in which the National Register Historic District is located for the portion of the cost to move or relocate overhead utilities underground to the extent that such payments by the department are eligible for reimbursement under the federal surface transportation program pursuant to 23 United States Code, Section 133(b)(8) (2005). To be eligible for this reimbursement, the project must be located in a National Register Historic District and on the National Highway System and may not increase the department's cost or liability in complying with the National Historic Preservation Act, 16 United States Code, Sections 470 to 470x-6 (2005) or with 49 United States Code, Section 303 (2005). For the purposes of this section, "National Register Historic District" means a district that is individually listed in the National Register of Historic Places pursuant to the National Historic Preservation Act, 16 United States Code, Sections 470 to 470x-6 (2005). The amount paid in any biennium under this section may not exceed federal surface transportation program funds available under 23 United States Code, Section 133(b)(8) (2005) to reimburse the State in that biennium. [PL 2007, c. 306, §4 (AMD).]

2. Rules. The department may adopt rules necessary to implement this section. The rules must be consistent with any applicable federal regulations relating to the cost of relocation and with rules adopted pursuant to section 255 . Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2005, c. 282, §1 (NEW).]
23 M.R.S. § 7004 — ME Code / Title 23 / Part 7 / Chapter 611 / Section 7004
23 §7004. Intoxication of railroad employees on duty
Status: in_force

Whoever, having charge of a locomotive engine or acting as conductor, brakeman, motorman or switchman, is intoxicated while employed on a railroad shall be punished by a fine of not more than $100 or by imprisonment for not more than 6 months. [PL 1987, c. 141, Pt. A, §4 (NEW).]
23 M.R.S. § 2753 — ME Code / Title 23 / Part 3 / Chapter 301 / Section 2753
23 §2753. Bridges crossing town line
Status: in_force

Whenever a highway located after the first day of January, 1906 crosses any river which divides towns, the expense of constructing, maintaining and repairing any bridge across such river shall be borne by such towns in proportion to their last state valuation prior to such location. This section shall not apply to bridges built or rebuilt under sections 353 and 355 . [PL 1989, c. 502, Pt. A, §90 (AMD).]
23 M.R.S. § 3352 — ME Code / Title 23 / Part 3 / Chapter 307 / Section 3352
23 §3352. Emergency permits
Status: in_force

If the owners, corporations, persons, firms or bridge or water districts comply with the notice given under section 3351 , the road commissioner, the commissioner of public works or such officer as the municipal officers may appoint in the absence of a commissioner may, in the case of an emergency, grant and renew permits for digging or making excavations in the driveways of any of the public highways of the municipality for the repairing of gas, water, steam, oil, gasoline, petroleum or any other liquid, or ammonia pipes or conduits or for any other lawful purpose. Every permit must specify the time prescribed by resolution or ordinance or, when no time is prescribed, the road commissioner, the commissioner of public works or such officer as the municipal officers may appoint in the absence of a commissioner shall specify a time during which the excavation may remain open, the place where that excavation may be made and the number of square yards of surface that may be disturbed. [PL 1999, c. 337, §4 (AMD).]
23 M.R.S. § 7007 — ME Code / Title 23 / Part 7 / Chapter 611 / Section 7007
23 §7007. Penalty for being on track or bridge or entering track with team or vehicle
Status: in_force

1. Walking or standing on track or bridge. A person may not, without right, stand or walk on a railroad track or railroad bridge or pass over a railroad bridge except by railroad conveyance. [PL 2003, c. 452, Pt. L, §12 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]

2. Entering track. A person may not, without right, enter upon a railroad track with a team or a vehicle however propelled or drive any team or propel a vehicle upon a railroad track. [PL 2003, c. 452, Pt. L, §12 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]

3. Penalties. The following penalties apply to violations of this section. A. A person who violates subsection 1 commits a traffic infraction for which a fine of not less than $50 and not more than $100 may be adjudged. [PL 2017, c. 329, §2 (AMD).] B. A person who violates subsection 1 after having previously violated subsection 1 commits a traffic infraction for which a fine of not less than $250 and not more than $500 may be adjudged. [PL 2017, c. 329, §2 (AMD).] C. A person who violates subsection 1 after having previously violated subsection 1 2 times commits a traffic infraction for which a fine of not less than $750 and not more than $1,000 may be adjudged. [PL 2017, c. 329, §2 (AMD).] C-1. A person who violates subsection 1 after having previously violated subsection 1 3 or more times commits a Class E crime. [PL 2015, c. 204, §1 (NEW).] D. A person who violates subsection 2 commits a Class E crime. Violation of subsection 2 is a strict liability crime as defined in Title 17‑A, section 34, subsection 4‑A . [PL 2003, c. 452, Pt. L, §12 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] [PL 2017, c. 329, §2 (AMD).]
23 M.R.S. § 6079 — ME Code / Title 23 / Part 7 / Chapter 609 / Section 6079
23 §6079. Reciprocity
Status: in_force

In order to more effectively carry out the purposes of this Act, the Governor of this State, referred to as the empowering State, may enter into a reciprocal agreement with the governor of any other state, referred to as the reciprocal state, subject to any regulations prescribed under that agreement, empowering a railroad policeman with the right to perform any police function that can be lawfully exercised by a police officer of the reciprocal state relating to the detection and apprehension of any person committing an offense or offenses against the empowering or the reciprocal state, but only to the extent that the offense is, or offenses are, committed on property owned, operated or maintained by the appointing railroad or committed against property owned or in the possession of that railroad. [PL 1987, c. 141, Pt. A, §4 (NEW).]