23 M.R.S. § 1914 — ME Code / Title 23 / Part 1 / Chapter 21 / Section 1914
23 §1914. On-premises signs
Status: in_force

1. License and permit. Except as provided in subsection 4 , a license or permit may not be required for an on-premises sign. [PL 2013, c. 529, §9 (AMD).]

2. Number. On-premises signs on any one property may not exceed 10 in number, except in the case of more than one business, facility or point of interest being conducted on one property, signs for each business, facility or point of interest may not exceed 10 in number. [PL 2013, c. 529, §9 (AMD).]

3. Location. On-premises signs must be located within 1,000 feet of the principal building or structure where the business or facility is carried on or practiced or within 1,000 feet of the point of interest. [PL 2013, c. 529, §9 (AMD).]

4. Location; relation to public way; license. Unless a license is obtained from the commissioner pursuant to this subsection, on-premises signs are prohibited: A. Within 33 feet of the center line of any public way; [PL 2013, c. 529, §9 (AMD).] B. Within 20 feet from the outside edge of the paved portion of any public way with more than 2 travel lanes and a total paved portion in excess of 24 feet in width; and [PL 2013, c. 529, §9 (AMD).] C. Within the full width of the right-of-way of any public way. [PL 1981, c. 318, §4 (RPR).] Paragraphs A and B do not apply to signs erected before September 1, 1957. Neither the granting of a license nor the installation of a sign on the public way conveys permanent property rights relating to the public way. The Department of Transportation is not responsible for loss or damage to an on-premises sign under this subsection from the use of the right-of-way of the public way for highway purposes. An on-premises sign under this subsection may be removed by the department to accommodate highway uses at any time without compensation to the owner of the on-premises sign and at the owner's expense. [PL 2013, c. 529, §9 (AMD).]

4-A. Waiver. [PL 2013, c. 529, §9 (RP).]

5. Interstate highways. Not more than one on-premises sign advertising the sale or lease of the property may be permitted on land adjacent to any portion of the interstate system, including ramps and interchange areas, when that land is visible from any portion of the interstate system. Not more than one on-premises sign visible from any portion of the interstate system, including ramps and interchange areas, may be permitted more than 50 feet from the principal building or structure where the business, facility or point of interest is carried on. No on-premises advertisement, located more than 50 feet from the principal building or structure where the business, facility or point of interest advertised is carried on, may exceed 20 feet in length, width or height or 150 square feet in area, including border and trim, but excluding supports. Any on-premises sign located more than 50 feet from the principal building or structure where the business, facility or point of interest is carried on that displays any trade name that refers to or identifies any service rendered or product sold must display the name of the advertised business, facility or point of interest as conspicuously as such trade name. [PL 2013, c. 529, §9 (AMD).]

6. On-premises signs prohibited. An on-premises sign is prohibited if it: A. Attempts or appears to attempt to direct the movement of traffic or interferes with, imitates or resembles any official traffic sign, signal or device; [PL 1995, c. 390, §1 (AMD).] B. Prevents the driver of a vehicle from having a clear and unobstructed view of official signs and approaching or merging traffic; [PL 1981, c. 318, §4 (RPR).] C. Contains, includes or is illuminated by a flashing, intermittent or moving light or lights, except as provided in subsection 11‑A ; [PL 2001, c. 268, §1 (AMD).] D. Uses lighting in any way unless the light is in the opinion of the commissioner effectively shielded to prevent beams or rays of light from being directed at any portion of the public way or is of such intensity or brilliance as to cause glare or impair the vision of the operator of any motor vehicle or to otherwise interfere with any driver's operation of a motor vehicle; or [PL 1995, c. 390, §1 (AMD).] E. Moves, has any animated or moving parts or has the appearance of movement, except as provided in subsection 11‑A . [PL 2001, c. 268, §1 (AMD).] [PL 2001, c. 268, §1 (AMD); PL 2011, c. 115, §4 (REV).]

7. Signs erected on natural features. [PL 2013, c. 529, §9 (RP).]

8. Height. The maximum height of on-premises signs is 25 feet above the ground level of land upon which it is located or if the sign is affixed to or is part of a building, the maximum is 10 feet above the roof of the building. [PL 2013, c. 529, §9 (AMD).]

9. Jurisdiction by local authority in compact areas. Except as otherwise provided in this chapter, administration of this chapter for on-premises advertisements located in compact areas of an urban compact municipality, as defined in section 754 , is the responsibility of local authority. In compact areas of an urban compact municipality adjacent to the interstate, the Department of Transportation is responsible for the administration of this section. [PL 2013, c. 529, §9 (AMD).]

10. Approach signs. Any business or facility whose principal building or structure, or a point of interest, which is located on a private way more than 1,000 feet from the nearest public way, or is not visible to traffic from the nearest public way, may erect no more than 2 approach signs with a total surface area not to exceed 100 square feet per sign. These signs are to be located outside the public right-of-way limits within 300 feet of the junction of the public and private ways. [PL 2013, c. 529, §9 (AMD).]

11. Changeable signs. [PL 2001, c. 268, §2 (RP).]

11-A. Changeable signs. Notwithstanding subsection 6, paragraphs C and E , changeable signs are not prohibited as long as the sign complies with the applicable provisions of this subsection and rules adopted pursuant to this chapter. The Department of Transportation shall administer the provisions of this subsection, except as provided in paragraph B . A. As used in this subsection, unless the context otherwise indicates, the following terms have the following meanings. (1) "Changeable sign" means an on-premises sign created, designed, manufactured or modified in such a way that its message may be electronically, digitally or mechanically altered by the complete substitution or replacement of one display by another on each side. (2) "Display" means that portion of the surface area of a changeable sign that is or is designed to be or is capable of being periodically altered for the purpose of conveying a message. (4) "Message" means a communication conveyed by means of a visual display of text, a graphic element or pictorial or photographic image. (5) "Sign assembly" means the display, border, trim and all supporting apparatus, including posts, columns, pedestals and foundation. (6) "Time and temperature sign" means a changeable sign that electronically or mechanically displays the time and temperature by the complete substitution or replacement of a display showing the time with a display showing the temperature. [PL 2013, c. 529, §9 (AMD).] B. The display on each side of a changeable sign: (1) May be changed no more than once every 20 minutes, unless the municipality in which the sign is located adopts an ordinance to the contrary and notifies the Department of Transportation in writing of that ordinance. If a municipal ordinance is adopted, the municipality is responsible for the administration of that ordinance; (2) Must change as rapidly as technologically practicable, with no phasing, rolling, scrolling, flashing or blending, unless the municipality in which the sign is located adopts an ordinance to the contrary and notifies the Department of Transportation in writing of that ordinance. If a municipal ordinance is adopted, the municipality is responsible for the administration of that ordinance. Notwithstanding this subparagraph, a municipality may not adopt an ordinance that allows the sign to flash or display continuous streaming of information or video animation; and (3) May consist of alphabetic or numeric text on a plain or colored background and may include graphic, pictorial or photographic images unless the municipality in which the sign is located adopts an ordinance to the contrary and notifies the Department of Transportation in writing of that ordinance. If a municipal ordinance is adopted, the municipality is responsible for the administration of that ordinance. [PL 2007, c. 124, §2 (AMD).] C. [PL 2013, c. 529, §9 (RP).] D. Only one changeable sign with 2 sides is allowed for each public way that provides direct vehicular access to the business, facility or point of interest. [PL 2013, c. 529, §9 (AMD).] E. Changeable signs may not be located so that the message is readable from a controlled-access highway or ramp. [PL 2001, c. 268, §3 (NEW).] F. The highest point of the display of a changeable sign may not exceed a height of 25 feet above either the centerline of the nearest public way or actual ground level adjacent to the sign, whichever is lower. [PL 2001, c. 268, §3 (NEW).] G. Changeable message board signs existing in accordance with the requirements of former subsection 11 continue to exist if the signs: (1) Are reasonably incapable of being modified or reprogrammed to comply with this section as amended; and (2) Are not replaced, substantially rebuilt, reconstructed or repaired beyond routine maintenance. [PL 2001, c. 268, §3 (NEW).] H. The size, intensity of illumination and acceptable rate of change between the time display and the temperature display of a time and temperature sign must comply with rules adopted by the Department of Transportation, except that time and temperature signs erected prior to September 29, 1995 need not comply with those rules. [PL 2013, c. 529, §9 (AMD).] [PL 2013, c. 529, §9 (AMD).]
23 M.R.S. § 4241 — ME Code / Title 23 / Part 5 / Chapter 410 / Section 4241
23 §4241. Definitions
Status: in_force

As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2005, c. 313, §6 (NEW).]

1. Transportation infrastructure. "Transportation infrastructure" means infrastructure related to all modes of transportation, including highways, bridges, railroads, ferries, mass transit, airports and bicycle and pedestrian facilities, as well as all buildings, utilities, facilities and other appurtenances related to those modes. [PL 2005, c. 313, §6 (NEW).]

2. Transportation-related services. "Transportation-related services" means all services necessary or convenient to discharge the powers, duties and responsibilities of the department and the commissioner as provided by law including those provided in section 4206 . These services include all services necessary or convenient to plan, design, engineer, construct, improve, demolish, maintain or use transportation infrastructure. These services may include, but are not limited to, planning and feasibility studies, engineering, surveying, mapping, environmental services, architectural-related services, appraisal, title services, right-of-way services, project and program management, construction support services and equal opportunity and civil rights services. [PL 2005, c. 313, §6 (NEW).]
23 M.R.S. § 3254 — ME Code / Title 23 / Part 3 / Chapter 305 / Section 3254
23 §3254. Complaints
Status: in_force

When the attention of a municipal officer, or, for an unorganized place, a county commissioner, is directed to a violation of section 3252 within the municipal officer's or county commissioner's jurisdiction, the municipal officer or county commissioner shall enter a complaint against the offender and prosecute the violation to final judgment. [PL 2003, c. 452, Pt. L, §9 (RPR); PL 2003, c. 452, Pt. X, §2 (AFF).]
23 M.R.S. § 7012 — ME Code / Title 23 / Part 7 / Chapter 611 / Section 7012
23 §7012. Location of railroad near station of another company
Status: in_force

No railroad company may construct or maintain a track or run an engine or cars on a street or highway so near any station of another railroad as to endanger the safety and convenient access to and use of that station for ordinary station purposes. [PL 1987, c. 141, Pt. A, §4 (NEW).]
23 M.R.S. § 3705 — ME Code / Title 23 / Part 3 / Chapter 315 / Section 3705
23 §3705. Disposition of fines; agents; duties
Status: in_force

All fines imposed under sections 3701 to 3704 shall be appropriated to the repair of such ways. The court imposing them shall appoint one or more agents to superintend their collection and application. Within 3 months after collection, they shall make return of their doings to the clerk of the court, to remain on file for the inspection of those interested, and subject on their motion to be audited and corrected by the court. If an agent is guilty of gross neglect of duty or fraudulently misapplies or retains the fine, he forfeits to the town double its amount, to be recovered by indictment.
23 M.R.S. § 1969 — ME Code / Title 23 / Part 1 / Chapter 24 / Section 1969
23 §1969. Application of proceeds of bonds or notes in anticipation thereof
Status: in_force

Bonds shall be applied as follows. [PL 1981, c. 595, §3 (NEW).]

1. Application. All moneys received from any bonds or bond anticipation notes issued pursuant to this chapter shall be applied solely: A. To the payment of the cost of the construction and reconstruction of the turnpike or to the payment to the Department of Transportation of the cost of department projects or to the payment of the cost of the purchase of a section of Interstate 95 in Kittery; [PL 2013, c. 586, Pt. F, §2 (AMD).] B. To the repayment of grants or loans from the Federal Government that were used to construct or reconstruct the turnpike or portions of it or interconnecting access roads or portions of them but only to the extent that that repayment is required in order for the authority to maintain or establish tolls on the turnpike; [PL 1993, c. 410, Pt. MM, §8 (AMD).] C. To the payment of the costs of constructing or reconstructing interchanges that are determined by the Department of Transportation and the authority to have a sufficient relationship to the public's use of the turnpike and the orderly regulation and flow of traffic on the turnpike; [PL 2015, c. 5, §7 (AMD).] D. To the payment of the costs of issuance of the bonds; [PL 1981, c. 595, §3 (NEW).] E. To the creation of reasonable reserves for the payment of the principal of and interest on those bonds, and to meet the cost of extraordinary repairs to or maintenance of the turnpike; [PL 1981, c. 595, §3 (NEW).] F. To the appurtenant fund; and [PL 1981, c. 595, §3 (NEW).] G. To the payment of any temporary notes of the authority the proceeds of which were used for any of the foregoing purposes. [PL 1981, c. 595, §3 (NEW).] [PL 2015, c. 5, §7 (AMD).]

2. Lien created. There is created and granted a lien upon the moneys until so applied in favor of holders of those bonds or the trustee provided for under this chapter in respect of these bonds. [PL 1981, c. 595, §3 (NEW).]
23 M.R.S. § 1901 — ME Code / Title 23 / Part 1 / Chapter 21 / Section 1901
23 §1901. Legislative findings
Status: in_force

The Legislature of this State makes the following findings of fact. [PL 1981, c. 318, §1 (RPR).]

1. Tourist industry. A large and increasing number of tourists has been coming to Maine and, as a result, the tourist industry is one of the important sources of income for Maine citizens, with an increasing number of persons directly or indirectly dependent upon the tourist industry for their livelihood. [PL 1981, c. 318, §1 (RPR).]

2. Information discrimination. Very few convenient means exist in the State to provide information on available public accommodations, commercial services for the traveling public and other lawful businesses and points of scenic, historic, cultural, educational and religious interest. Provision of those facilities can be a major factor in encouraging the development of the tourist industry in Maine. [PL 1981, c. 318, §1 (RPR).]

3. Scenic resources. Scenic resources of great value are distributed throughout the State, and have contributed greatly to its economic development by attracting tourists, permanent and part-time residents and new industries and cultural facilities. [PL 1981, c. 318, §1 (RPR).]

4. Preservation of scenic resources. The scattering of outdoor advertising throughout the State is detrimental to the preservation of those scenic resources, and so to the economic base of the State, and is also not an effective method of providing information to tourists about available facilities. [PL 1981, c. 318, §1 (RPR).]

5. Proliferation of outdoor advertising. The proliferation in number, size and manner of outdoor advertising is hazardous to highway users. [PL 1981, c. 318, §1 (RPR).]
23 M.R.S. § 355 — ME Code / Title 23 / Part 1 / Chapter 9 / Section 355
23 §355. Proceedings under general statute
Status: in_force

All legal proceedings necessary to carry out any provisions of this subchapter and subchapters II and III shall be had under the general statute.
23 M.R.S. § 4424 — ME Code / Title 23 / Part 6 / Chapter 412 / Section 4424
23 §4424. Property of the State
Status: in_force

All real and personal property owned by and in the name of the Maine Port Authority shall be considered as property of the State and entitled to the privileges and exemptions of property of the State, except insofar as waived by the duly authorized contract, or other written instrument of the Maine Port Authority or by this subchapter. The Maine Port Authority and the Department of Transportation shall agree upon and from time to time review the preferred status of property held or controlled by them and necessary to either body's performing its statutory duty and shall arrange to sell, exchange, give or otherwise transfer title or possession of various properties between themselves consistent with sound business mangement and as may serve the best interest of the State in their opinion; and shall be authorized to execute and record a deed or lease between them to effectuate the transfer. The Governor may grant to the Maine Port Authority such rights in submerged land owned by the State and located within harbor limits as may be necessary for the Maine Port Authority to fulfill its powers, duties and obligations. [PL 1981, c. 456, Pt. A, §88 (NEW).]
23 M.R.S. § 5171 — ME Code / Title 23 / Part 7 / Chapter 605 / Section 5171
23 §5171. Delinquents pay proportion and rights restored; new corporation
Status: in_force

When a prior mortgage has been redeemed in either mode, and all persons interested in the subsequent mortgage have not paid their proportions, the trustees shall publish a notice 10 weeks successively in the state paper, the first publication not to be until the right of redeeming the prior mortgage would have expired, that delinquents may pay the same to them or their agents, with 12% interest, within one year from the first publication of the notice. Any person so paying has the same rights as if he had paid originally and those not paying are barred. Money so paid shall be divided ratably to those who advanced the redemption money and they may become a new corporation and new certificates of stock or fractions of stock may be issued in the manner and with the rights, powers and obligations provided. [PL 1987, c. 141, Pt. A, §4 (NEW).]
23 M.R.S. § 7309 — ME Code / Title 23 / Part 7 / Chapter 619 / Section 7309
23 §7309. Orders of the commissioner
Status: in_force

The Superior Court is given full jurisdiction to enforce compliance with any order issued by the Commissioner of Transportation under this chapter. It shall be the duty of the commissioner to see that the rights of the public under this subchapter are fully protected. [PL 1989, c. 398, §9 (NEW).]
23 M.R.S. § 4209-A — ME Code / Title 23 / Part 5 / Chapter 410 / Section 4209-A
23 §4209-A. Public Transit Advisory Council
Status: in_force

1. Council established. The Public Transit Advisory Council, referred to in this section as "the council," is established in accordance with Title 5, section 12004‑I, subsection 82‑A to advise the Legislature and the department regarding public transit services in the State. The council shall advise the department on the review and approval of locally coordinated plans for regional transit under section 4209 and shall advise on any statewide strategic transit planning undertaken by the department, including short-term and long-term fiscal, operating and capital investments, and the integration of transit planning with the Sensible Transportation Policy Act. [PL 2015, c. 182, §8 (NEW).]

2. Membership. The council must include, but is not limited to, the following: A. The commissioner or the commissioner's designee; and [PL 2015, c. 182, §8 (NEW).] B. The following individuals appointed by the commissioner: (1) One representative each from the federally designated planning organizations for the Bangor, Kittery, Lewiston and Auburn and Portland regions; (2) One representative of private bus operators; (3) One representative of a statewide nonprofit organization advocating on behalf of older adults; (4) One representative of a medical provider; (5) One representative of an organization representing the business community with an interest in improving public transportation; (6) One representative of a statewide association of planning and development agencies; (7) One representative of an organization representing persons with disabilities; (8) Four representatives of 2 separate public or nonprofit transit agencies, 2 of whom represent an urban agency and 2 of whom represent a rural agency; (9) One representative of an economic development organization; (10) One representative of an organization representing low-income persons; (11) One representative of an organization from one of the State's immigrant communities; (12) One representative of the State's unhoused community; and (13) One representative representing youth interests who is 16 years of age or older and under 25 years of age. In making appointments, the commissioner shall ensure that rural and urban areas are represented. [PL 2023, c. 319, §5 (AMD).] [PL 2023, c. 319, §5 (AMD).]

3. Council invitees. In addition to the requirements in subsection 2 , the commissioner shall invite at least 2 members of the joint standing committee of the Legislature having jurisdiction over transportation matters representing different political parties and at least one representative of the Northern New England Passenger Rail Authority, established in Title 5, section 12004‑F, subsection 16 , to participate in council meetings. These invitees may be designated as voting council members at the commissioner's discretion. [PL 2019, c. 211, §2 (AMD).]

4. Terms, vacancies and council chair. A member of the council appointed pursuant to subsection 2, paragraph B serves for a term of 3 years. Terms must be staggered so that approximately 1/3 of the council is renewed each calendar year. If a member is unable to complete the term, the commissioner shall appoint a member from the same category of members listed in subsection 2, paragraph B as the member who vacated the council to serve out the unexpired portion of the term. The council shall annually elect a chair and vice chair from among its members, each of whom serves a term of one year. [PL 2023, c. 319, §6 (AMD).]

4-A. Meetings and deliberations. The council shall meet at the call of the chair no less than 3 times per year. The council may form subcommittees and adopt bylaws and other policies to effectively govern the council's proceedings. [PL 2023, c. 319, §7 (AMD).]

5. Report. The council shall report on its deliberations and any recommendations by March 1st of each odd-numbered year to the Governor and the joint standing committees of the Legislature having jurisdiction over transportation matters and health and human services matters. The report must include: A. An assessment of the level of public transportation services and infrastructure provided to the public in each geographic region; [PL 2023, c. 319, §8 (AMD).] B. Recommendations for the level of service and supporting infrastructure that should be provided, an estimate of the cost of providing those services and supporting infrastructure and a recommendation for any necessary additional funding; and [PL 2023, c. 319, §8 (AMD).] C. [PL 2019, c. 211, §2 (RP).] D. A progress report on the implementation of the most recent statewide strategic transit plan for the department as well as the quinquennial locally coordinated plan for regional transit under section 4209, subsection 2 . [PL 2023, c. 319, §8 (AMD).] [PL 2023, c. 319, §8 (AMD).]
23 M.R.S. § 703 — ME Code / Title 23 / Part 1 / Chapter 13 / Section 703
23 §703. Access roads to public ski areas, public industrial development areas and certain resources
Status: in_force

If the municipal officers of one or more municipalities or the county commissioners, if they are acting in the capacity of municipal officers, and the owner or owners of a ski area open to the general public, the owner or owners of a public industrial development area or the owners of a resource of general, regional or state economic significance to the public jointly deem it necessary that a public or private road be constructed or reconstructed in the municipality or unorganized township represented by the municipal officers or county commissioners, they may jointly petition the department for the construction or reconstruction of such a road. Following a review of the petition, if the department deems it advisable to do so it shall arrange for a public hearing to be held for the purpose of allowing the petitioners and others interested in the proposed road or reconstructed road to be heard. Following the hearing, if the department decides construction or reconstruction of such a road is warranted and falls within the provisions of this section it may arrange for construction or reconstruction under the following conditions. [PL 1985, c. 682 (RPR).]

1. Consent of owner. Such a road shall be constructed or reconstructed only with the consent of the owner or owners of the land over which the section of road will be constructed or reconstructed. In the case of existing private roads or construction of a new road, the owner or owners shall donate the required land, in accordance with the requirements of the department, to the municipality, municipalities, county or counties involved. Following donation of this land, these government entities shall lay out the road as a town or county way. [PL 1985, c. 682 (RPR).]

2. Cost. The cost of construction or reconstruction shall be paid 50% from the Highway Fund, subject to available funds; 25% from the municipality and county if the road is located in whole or in part in unorganized township or townships; and 25% from the owner or owners of the ski area involved, the owner or owners of the industrial development area involved or the owners of a resource of general, regional or state economic significance to the public involved. Construction or reconstruction shall not be authorized by the department until the owner of the ski area, industrial development area or the owner or owners of an area containing a resource of general, regional or state economic significance to the public involved gives a bond to the State, approved by the department, to guarantee the payment of the ski owner's, industrial development owner's or the owner's or owners' of a resource of general, regional or state economic significance to the public, proportionate share and the municipality or county involved advises the department that its share of funds is available for construction or reconstruction of the access road. [PL 1985, c. 682 (RPR).]

3. Supervision. The department has the responsibility for the supervision and construction or reconstruction of the road. [PL 1985, c. 682 (RPR).]

4. Limitation. No more than 4 miles of access road in each township or municipality may be constructed or reconstructed under this section to serve any one ski area, industrial development area or area containing a resource of general, regional or state economic significance to the public. [PL 1985, c. 682 (RPR).]

5. Prerequisite. Before the department authorizes the construction or reconstruction of the road, the department must determine that there has been expended in developing the facility of the ski area, industrial development area or area containing a resource of general, regional or state economic significance to the public, a minimum of $100,000 or that there are funds in the amount of at least $100,000 available to be expended in developing the facilities of the ski area, industrial development area or resource of general, regional or state economic significance to the public within a time to be established by the department. No such road may be constructed or reconstructed until the municipalities and counties that are involved have appropriated or raised, by taxation or otherwise, a sum sufficient to pay to the State their proportionate share of the cost of the access road constructed or reconstructed under this section. [PL 1985, c. 682 (RPR).]

6. Maintenance. Upon completion of the sections of access road constructed or reconstructed under this section, the municipality or municipalities and county or counties in which the section of highway is located shall assume the responsibility for properly maintaining the road as a public highway. [PL 1985, c. 682 (RPR).]
23 M.R.S. § 6078 — ME Code / Title 23 / Part 7 / Chapter 609 / Section 6078
23 §6078. Compensation and training
Status: in_force

The railroad to which each railroad police officer is assigned shall be responsible for the compensation and financial cost of training of railroad police officers. [PL 1987, c. 141, Pt. A, §4 (NEW).]
23 M.R.S. § 4301 — ME Code / Title 23 / Part 6 / Chapter 411 / Section 4301
23 §4301. Board established
Status: in_force

The Maine State Ferry Advisory Board, established by Title 5, section 12004-I, subsection 82 , and in this section called "the board," shall be a board within the Department of Transportation. [PL 1989, c. 503, Pt. B, §102 (AMD).]
23 M.R.S. § 3659 — ME Code / Title 23 / Part 3 / Chapter 313 / Section 3659
23 §3659. Protection of private water supplies
Status: in_force

In the event a land owner believes that a private water supply on his land has been destroyed or rendered unfit for human consumption by a political subdivision constructing, reconstructing or maintaining a public highway under its jurisdiction, the owner may apply in writing to the political subdivision for a determination of the alleged cause and assessment of damages. [PL 1987, c. 491, §1 (NEW).]

1. Application presented within 2 years. If the claim is founded on construction or reconstruction, the owner shall present the application within 2 years after completion of the work as that date appears in the records of the political subdivision. The application shall set forth: A. The name and address of the owner; [PL 1987, c. 491, §1 (NEW).] B. The name and address of any lien holder; [PL 1987, c. 491, §1 (NEW).] C. The owner's source of title; [PL 1987, c. 491, §1 (NEW).] D. The location of the property; [PL 1987, c. 491, §1 (NEW).] E. A description of the damage; and [PL 1987, c. 491, §1 (NEW).] F. The cause to which the damage is attributed. [PL 1987, c. 491, §1 (NEW).] [PL 1987, c. 491, §1 (NEW).]

2. Written response. Within 90 days upon receipt of the owner's application, the political subdivision shall forward a written response to the owner. [PL 1987, c. 491, §1 (NEW).]

3. Offer of settlement. If the political subdivision determines that any damage to the privately owned water supply was caused by the political subdivision constructing, reconstructing or maintaining the public highway, the political subdivision shall set forth in its response an offer of settlement. The political subdivision in its response shall consider the necessity for the installation or replacement of piping, tanks, pumps, heating systems or other related fixtures. In its offer of settlement, a political subdivision may consider the following remedies: A. Replacing the water supply; [PL 1987, c. 491, §1 (NEW).] B. Repairing the damage to the water supply; [PL 1987, c. 491, §1 (NEW).] C. Paying a designated sum of money; and [PL 1987, c. 491, §1 (NEW).] D. Purchasing the realty served by the water supply. [PL 1987, c. 491, §1 (NEW).] [PL 1987, c. 491, §1 (NEW).]

4. Action filed. If the landowner and political subdivision are unable to agree on the cause of the problem to the water supply or to the terms of settlement, the landowner may file an action in Superior Court in the county or counties where the land is located. A. The complaint shall be filed within one year after receiving a written response by the municipality. [PL 1987, c. 491, §1 (NEW).] B. The case shall be determined by a referee and the court shall appoint one or more referees pursuant to the Maine Rules of Civil Procedure. [PL 1987, c. 491, §1 (NEW).] C. Damages to the property shall be based on the difference between the fair market value of the property before the water supply was destroyed or rendered unfit and the fair market value of the property after the water supply was destroyed or rendered unfit or based on the cost to cure the damage, whichever amount is less. [PL 1987, c. 491, §1 (NEW).] [PL 1987, c. 491, §1 (NEW).]

5. Limitations on liability. A political subdivision shall not be liable: A. If the private water supply is located within the right-of-way limits of the highway; [PL 1987, c. 491, §1 (NEW).] B. If the location of the private water supply does not provide for adequate surface drainage, provided that surface drainage problems caused by the construction, reconstruction or maintenance of a public highway by the political subdivision do not relieve the political subdivision of liability under this section; or [PL 1987, c. 491, §1 (NEW).] C. If the private water supply prior to the construction, reconstruction or maintenance was contaminated or polluted by another source to the degree that the contamination or pollution rendered it unfit for human consumption. [PL 1987, c. 491, §1 (NEW).] [PL 1987, c. 491, §1 (NEW).]
23 M.R.S. § 245-B — ME Code / Title 23 / Part 1 / Chapter 3 / Section 245-B
23 §245-B. Guidelines and rules
Status: in_force

The department may adopt guidelines and procedures, or promulgate rules consistent with this subchapter as it determines necessary or appropriate to carry out this subchapter and to include the standards of "decent, safe and sanitary." [PL 1989, c. 208, §§18, 21 (AMD).]
23 M.R.S. § 4401 — ME Code / Title 23 / Part 6 / Chapter 412 / Section 4401
23 §4401. Ferry service for North Haven, Vinalhaven, Islesboro, Matinicus Isle, Swan's Island and Frenchboro
Status: in_force

It is the duty of the Department of Transportation to operate a ferry route or routes between the mainland and the towns of North Haven, Vinalhaven, Islesboro, Matinicus Isle and Swan's Island for the purpose of transporting vehicles, freight and passengers to and from these towns, and the department may operate the ferry route or routes to and from Frenchboro. Ferry service to Matinicus Isle must be at least 12 times per year, with additional service authorized as agreed upon by the residents of Matinicus Isle and the department, and may be provided by state-owned or privately contracted vessels. These ferry routes are designated as the "Maine State Ferry Service." During periods of facility repair or maintenance or during periods of extraordinary demand, the department may carry out its responsibilities by utilizing privately contracted vessels to provide additional or substitute service to islands served by the Maine State Ferry Service as long as the use of privately contracted vessels is in accordance with an agreement between the department and the State's collective bargaining agent as defined in Title 26, section 979‑A, subsection 1 . [PL 2025, c. 229, §1 (AMD).]
23 M.R.S. § 3255 — ME Code / Title 23 / Part 3 / Chapter 305 / Section 3255
23 §3255. Watercourses not to injure property; remedy
Status: in_force

No road commissioner, without written permission from the municipal officers, shall cause a watercourse to be so constructed by the side of a way as to incommode any person's house or other building or to obstruct anyone in the prosecution of his business. Any person so aggrieved may complain to the municipal officers, who shall view the watercourse and may cause it to be altered as they direct.
23 M.R.S. § 75 — ME Code / Title 23 / Part 1 / Chapter 3 / Section 75
23 §75. Rail corridor use advisory councils
Status: in_force

1. Purpose. Upon petition by one or more governmental entities that represent communities along a state-owned rail corridor in which the department controls the right-of-way requesting the department to review a nonrail recreational or nonrecreational transportation use of that rail corridor, the Commissioner of Transportation, for each petition received, shall notify the joint standing committee of the Legislature having jurisdiction over transportation matters and may establish a rail corridor use advisory council, referred to in this section as "a council," to facilitate discussion, gather information and provide advice to the commissioner regarding future use of the rail corridor identified in the petition. The council shall review and make recommendations on the likelihood, benefits and costs of potential uses of the rail corridor, including, but not limited to, rail use, trail use or bikeways. Any nonrail use of a rail corridor must be considered by a council to be interim in nature, and all such rail corridors must be preserved for future rail use as provided in chapter 615 . [PL 2021, c. 239, §2 (NEW).]

2. Membership. The Commissioner of Transportation shall invite at least 9 and no more than 15 persons to serve on a council. Membership may include: A. The Commissioner of Transportation or the commissioner's designee; [PL 2021, c. 239, §2 (NEW).] B. The Commissioner of Agriculture, Conservation and Forestry or the commissioner's designee; [PL 2021, c. 239, §2 (NEW).] C. The Commissioner of Economic and Community Development or the commissioner's designee; [PL 2021, c. 239, §2 (NEW).] D. The Commissioner of Health and Human Services or the commissioner's designee; [PL 2021, c. 239, §2 (NEW).] E. One or more members representing other state agencies; [PL 2021, c. 239, §2 (NEW).] F. One member representing a statewide tourism organization or a regional tourism organization of the geographic area containing the rail corridor; [PL 2021, c. 239, §2 (NEW).] G. One member representing a chamber of commerce or other regional or local economic development entity of the geographic area containing the rail corridor; [PL 2021, c. 239, §2 (NEW).] H. One member representing an organization advocating for rail use or preservation; [PL 2021, c. 239, §2 (NEW).] I. One member representing an organization advocating for recreational trail use or advocating for bicyclist or pedestrian interests; and [PL 2021, c. 239, §2 (NEW).] J. One or more municipal officials or staff from municipalities located on the rail corridor. [PL 2021, c. 239, §2 (NEW).] [PL 2021, c. 239, §2 (NEW).]

3. Meetings; chair. The Commissioner of Transportation shall designate the chair of a council. The department shall provide staff support to the council. The council may adopt bylaws and other policies to effectively govern its proceedings. The council shall meet at the call of the chair and shall hold a minimum of one public hearing located in the geographic area along the rail corridor for which the council was formed. [PL 2021, c. 239, §2 (NEW).]

4. Report. Within 9 months of convening its first meeting, a council shall submit a report to the Commissioner of Transportation on its findings and recommendations regarding the use of the rail corridor, including majority and minority reports if necessary. Upon conclusion of the council's work, the Commissioner of Transportation shall disband that council. [PL 2021, c. 239, §2 (NEW).]
23 M.R.S. § 4206 — ME Code / Title 23 / Part 5 / Chapter 410 / Section 4206
23 §4206. Duties of commissioner
Status: in_force

1. Duties. The commissioner shall have the following general powers, duties and responsibilities: A. To develop for the State, comprehensive, balanced transportation policy and planning as will meet the present and future needs for adequate, safe and efficient transportation facilities and services; [PL 1971, c. 593, §16 (NEW).] B. To assist in the development and operation of transportation facilities and services in the State; [PL 1971, c. 593, §16 (NEW).] C. To promote the coordinated and efficient use of all available and future modes of transportation; [PL 1971, c. 593, §16 (NEW).] D. To exercise and perform such other functions, powers and duties as shall have been or may be from time to time conferred or imposed by law, including all the functions, powers and duties assigned and transferred to the Department of Transportation from and as now imposed by law or otherwise conferred on these units designated in section 4205 ; [PL 1971, c. 593, §16 (NEW).] E. To appear as chief spokesman for the State before such national, regional, state and local agencies, groups or organizations including regulatory agencies as he deems necessary to enhance and promote the transportation interest of Maine, to counsel, advise and participate for the furtherance of the intent and purpose of this chapter; [PL 1971, c. 593, §16 (NEW).] F. To stimulate active support for and to develop, administer and promote transportation safety action programs throughout the State of Maine and to formulate and recommend to the Legislature specific measures for these purposes; [PL 1971, c. 593, §16 (NEW).] G. To establish a system of scenic highways in the State of Maine and preserve the scenic values along the system of highways; to develop and adopt procedures for the designation and development of that system of scenic highways and the preservation of the scenic value in the highway corridor and in the implementation of this intent and purpose consider the scenic value, safety aspects, economic implications, preservation of scenic value and compatability with other national, regional and local conservation plans; [PL 1971, c. 593, §16 (NEW).] H. To acquire, construct, operate and maintain such harbor facilities as may be necessary to implement the planned development of coastal resources, ports and harbors; to operate and maintain the port facilities as now within or as may hereafter come within the jurisdiction of the Department of Transportation; and to oversee the administration of the Maine State Pilotage Commission; [PL 1997, c. 727, Pt. C, §5 (AMD).] I. To accept and receive and be the sole administrator of all federal or other moneys for and in behalf of this State or any political subdivision thereof now or hereafter available for purposes of transportation or which would further the intent and specific purposes of this chapter; [PL 1983, c. 310, §1 (AMD).] J. To oversee matters relating to railroad safety, provided that jurisdiction of the commissioner shall in no way diminish, infringe upon or replace the jurisdiction of the United States Department of Transportation, Federal Railroad Administration with regard to employee safety; [PL 1983, c. 310, §2 (AMD).] K. [PL 1981, c. 492, Pt. D, §5 (RP).] L. [PL 1985, c. 506, Pt. A, §48 (RP).] M. Acting upon the advice of the State Tax Assessor, to negotiate a compact with other states, the District of Columbia and Canadian provinces for the administration of user license fees on condition that the compact provides for: (1) The collection of the annual user license fee for any other state or province by the state or province in which the motor truck is registered; (2) The disbursement of revenues due to other states or provinces subject to the compact; (3) The free exchange of information between and among the states or provinces subject to the compact; and (4) The establishment of identification tags or decals. The compact must provide for reciprocal enforcement of the laws establishing the annual user license fees and for the auditing of all books, records and logs of the operator of a motor truck by the state or province in which the motor truck is registered, which pertains to travel in it and any other state or province subject to the compact; [PL 2005, c. 277, §1 (AMD).] N. To make contracts and enter into agreements with and make assurances and certifications to the Maine Turnpike Authority, and other 3rd parties, necessary in connection with determination of department projects and the issuance of bonds or obligations pursuant to section 1968, subsection 2‑A ; [PL 2021, c. 66, §1 (AMD).] O. To bring before the joint standing committee of the Legislature having jurisdiction over transportation matters for review and approval any proposal that would alter the current land use, ownership or jurisdiction of lands owned by the State within the Port of Searsport presently under the jurisdiction of the department; [PL 2023, c. 50, Pt. C, §1 (AMD).] P. To enter into agreements and cooperate with the United States Department of Transportation or any other appropriate federal agency as provided in 23 United States Code, Sections 325 to 327 and as authorized under the federal Moving Ahead for Progress in the 21st Century Act, the federal Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users and the federal National Environmental Policy Act of 1969. Pursuant to such an agreement, the commissioner may assume certain responsibilities of the Secretary of the United States Department of Transportation and take any other actions as required by any such agreement or by such federal laws. (1) The commissioner may adopt any rules necessary to implement an agreement pursuant to this paragraph and carry out any duties imposed under such an agreement. Rules adopted pursuant to this subparagraph are routine technical rules pursuant to Title 5, chapter 375, subchapter 2‑A . (2) The commissioner may make expenditures of money in connection with an agreement authorized under this paragraph from any funds of the department that are available to the commissioner. (3) Notwithstanding Title 14, chapter 741 , sovereign immunity from civil suit in federal court is waived consistent with 23 United States Code, Sections 326 and 327 and limited to the compliance, discharge or enforcement of a responsibility assumed by the department under this paragraph. This subparagraph applies only to actions that are authorized under this paragraph and does not create liability that exceeds the liability created under 23 United States Code, Sections 325 to 327; and [PL 2023, c. 50, Pt. C, §2 (AMD).] Q. To implement a program to enhance the skills of the department's transportation workers and ferry service workers. The program must provide that employees in these classifications who participate in training and who demonstrate they have achieved competencies prescribed by the commissioner may progress immediately to the next level in these classification series. [PL 2023, c. 50, Pt. C, §3 (NEW).] [PL 2023, c. 50, Pt. C, §§1-3 (AMD).]

2. Organization. The commissioner shall organize the department into such bureaus, divisions and other units as he deems necessary to fulfill the duties of the department, provided at all times there shall be the following bureaus: A. Bureau of Finance and Administration; [PL 1981, c. 45, §2 (RPR).] B. [PL 1995, c. 504, Pt. B, §7 (RP).] C. Bureau of Planning; [PL 1981, c. 45, §2 (RPR).] D. Bureau of Project Development; and [PL 1981, c. 45, §2 (RPR).] E. Bureau of Maintenance and Operations. [PL 1981, c. 45, §2 (RPR).] [PL 1995, c. 504, Pt. B, §7 (AMD).]

3. Advisory boards. The commissioner, subject to approval by the Governor, shall organize and create such advisory committees and boards to serve at the pleasure of the commissioner for such terms and purposes as are deemed to be in the best interest of furthering the intent and purposes of this chapter. Such committees and boards shall be made up of persons especially skilled, knowledgeable or experienced in some phase of transportation. The commissioner shall fix the compensation for those who serve on such boards and committees with the consent and approval of the Governor. [PL 1975, c. 771, §258 (AMD).]

4. Personnel. The commissioner may appoint such deputies, directors, assistants, general counsel and other officers and employees as may be needed for the performance of his duties. These appointments shall be subject to the Civil Service Law, except for the following who shall serve at the pleasure of the commissioner: Deputy Commissioners of Transportation; Chief Counsel, Bureau of Legal Services; Assistant to the Commissioner; and Assistant to the Commissioner for Public Information. [PL 1985, c. 785, Pt. B, §105 (AMD).]

5. Rules and regulations. The commissioner may prescribe and promulgate all necessary rules and regulations in order to fulfill the purposes of this Title. [PL 1971, c. 593, §16 (NEW).]

6. Hearings. The commissioner may conduct investigations, inquiries and hearings concerning all matters within the jurisdiction of the department. The commissioner may administer oaths and affirmations, certify to all official acts, issue subpoenas and compel the attendance and testimony of witnesses and the production of papers, records, books and documents and if any person refuses to attend, testify or produce papers, records, books and documents as ordered, a Justice of the Superior Court, upon application of the commissioner, may make such order as is appropriate to aid in enforcement of the order. [PL 1971, c. 593, §16 (NEW).]

7. Delegation. The commissioner may delegate to deputies, directors, assistants and other officers and employees of the department such of his duties as he deems appropriate. [PL 1971, c. 593, §16 (NEW).]

8. Experimental projects. The commissioner may engage in such experimental projects as he deems will contribute to furthering the purposes of this chapter. [PL 1971, c. 593, §16 (NEW).]

9. Experimental vehicle permits. The Commissioner of Transportation, with the advice of the Commissioner of Public Safety and the Director of Motor Vehicles, may establish a program providing for the issuance of temporary experimental vehicle permits on a discretionary basis, each for a period not exceeding 2 years, upon proper application in writing from a trucker representing a significant sector of the trucking industry. The permits are to provide for the operation and the evaluation of the operation of experimental vehicles that have a length, width, height, weight and other conditions beyond that specified in Title 29‑A , over any nonlimited way or bridge. These permits carry no fee. Registration must be assessed for the applicable road limit exclusive of general or special commodity permits, despite expected operation beyond these limits, in an experimental mode. Multistate experiments are to be encouraged. Registration in another state in the context of a regional multistate experiment will be honored without the necessity of acquiring a Maine registration. These permits may be granted only within the context of a structured joint industry-government evaluation program, including preparatory off-road performance tests, strictly controlled operational testing on the highway system and both in-process and final evaluation reports covering productivity, operating characteristics and safety. Additional reports may be required by the commissioner if considered necessary during the experimental phase. The Commissioner of Transportation shall issue these permits on a limited basis and only if the commissioner judges that a significant potential exists for increased productivity without undue compromise in safety by the eventual legal general operation of the experimental vehicle, without permit, on the highway system. No commitment to that eventual operation is implied by the issuance of the temporary experimental vehicle permit. The Commissioner of Transportation shall ratify, at the commissioner's discretion, all conditions of the experimental programs proposed, including, but not limited to, preparatory off-road vehicle tests, time limits, vehicle dimensions, axle and gross weight limits, routing, insurance and reporting provisions. The commissioner may terminate any evaluation at any time if in the commissioner's judgment the operation of the vehicle poses an undue threat to public safety or the integrity of the highway system or if the conditions of the permit are violated. The commissioner shall submit a report biennially to the joint standing committee of the Legislature having jurisdiction over transportation before the first regular session of each Legislature. This report must discuss the progress of any experimental vehicle evaluations and contain recommendations, if any, for legislation leading to their eventual general use on the highway system. If during the previous biennium there has been no activity relating to the evaluation and permitting of experimental vehicles, the reporting requirement is waived. [PL 1999, c. 152, Pt. H, §1 (AMD).]
23 M.R.S. § 5187 — ME Code / Title 23 / Part 7 / Chapter 605 / Section 5187
23 §5187. Capital stock of new corporation; value of shares; no further assessment
Status: in_force

The capital stock of the new corporation shall be equal to the amount of unpaid bonds and overdue coupons secured by the mortgage, taken at their face value at the time of the organization of the new corporation, together with the amount required to redeem any prior mortgage and shall be divided into shares of $100 each. All stock issued shall be taken and considered as paid for in full and shall not be liable to further assessment. No person, taking or holding the stock, may by reason of the taking or holding be liable for the debts of the corporation. [PL 1987, c. 141, Pt. A, §4 (NEW).]
23 M.R.S. § 4422 — ME Code / Title 23 / Part 6 / Chapter 412 / Section 4422
23 §4422. Agreements
Status: in_force

The Maine Port Authority and the Department of Transportation may enter into such agreements as the directors and commissioner determine to be in the best interests of the State for the department to acquire, construct, maintain and operate any or all facilities funded from bonds issued under section 4423 . The department may not operate a railroad that is constructed or acquired under this chapter. Any agreements must set forth the terms and conditions of the operation and be subject to all the terms and conditions of any trust indenture and covenants relating to revenue bonds. The Maine Port Authority or the department may establish, own, operate and maintain such navigational aids in coastal waters adjacent to the shores and harbors of the State as the directors or commissioner determine essential for safety. Any such navigational aids must conform to and be consistent with any and all federal regulation. [PL 1993, c. 649, Pt. J, §2 (AMD).]
23 M.R.S. § 2953 — ME Code / Title 23 / Part 3 / Chapter 301 / Section 2953
23 §2953. Closing of roads in winter
Status: in_force

1. Announcement of winter closing of roads. The municipal officers may on their own initiative, or upon petition by 7 legal voters of the municipality, at any time between May 1st and October 1st of any year, set forth that any road or roads, or portion thereof, in the municipality are so located with reference to population, use and travel thereon, that it is unnecessary to keep the road or roads maintained and open for travel during the months of November, December, January, February, March and April or any part of these months. [PL 1981, c. 215 (NEW).]

2. Notice and hearing. Prior to an announcement under subsection 1 , the municipal officers shall hold a hearing on the proposed winter closing of a road or roads or portion thereof. The municipal officers shall place a written notice of the hearing in some conspicuous, public place in the municipality at least 7 days before the hearing. [PL 1981, c. 215 (NEW).]

3. Order of closing. After a hearing under subsection 2 , the municipal officers shall file with the municipal clerk any order specifying the location of the road, the months or portions thereof for which it is to be closed and for how many years, not to exceed 10, the closing shall be operative. The legislative body of the municipality shall by vote either approve each order or provide that orders so made by the municipal officers shall be a final determination. [PL 1981, c. 215 (NEW).]

4. Alteration of order. The municipal officers may on their own initiative, or upon petition by 7 legal voters of the municipality, at any time subsequent to one year from the date of a final determination, after notice and hearing, annul, alter or modify the original determination. The municipal officers shall file with the municipal clerk an order specifying any decision to annul, alter or modify, which shall not become final until the legislative body of the municipality by vote either approves each order or provides that orders so made by the municipal officers are a final determination. [PL 1981, c. 215 (NEW).]

5. Appeal. The final determination by the legislative body or the municipal officers may be appealed to the board of county commissioners of the county in which the municipality lies, upon petition by 7 legal voters of the municipality within 30 days after the final determination is made. In an appeal before a board of county commissioners, the decision of the commissioners shall be governed by the standards set forth in this section. [PL 1981, c. 215 (NEW).]
23 M.R.S. § 1922 — ME Code / Title 23 / Part 1 / Chapter 21 / Section 1922
23 §1922. Local ordinance
Status: in_force

This chapter shall not supersede the provisions of any other statute, regulation, ordinance or resolution, the requirements of which are more strict than those of this chapter and not inconsistent therewith, whether such ordinance, bylaw, regulation, resolution or statute was enacted before or after the effective date of this chapter. It shall not be inconsistent with this chapter if such statute, regulation, ordinance or resolution prohibits official business directional signs. [PL 1981, c. 318, §4 (RPR).]
23 M.R.S. § 60 — ME Code / Title 23 / Part 1 / Chapter 3 / Section 60
23 §60. Town cooperation
Status: in_force

Towns are authorized to enter into agreements with the Department of Transportation for the expenditure of town funds for maintenance and repair of town roads. The department is authorized, when requested by towns, to accept town funds for expenditure under its direction. [PL 1971, c. 593, §22 (AMD).]
23 M.R.S. § 247 — ME Code / Title 23 / Part 1 / Chapter 3 / Section 247
23 §247. Limitation
Status: in_force

Nothing contained in this subchapter shall be construed as creating in any eminent domain proceeding an element of damages not in existence on the date of enactment hereof. [PL 1971, c. 333, §1 (NEW).]

Any payments authorized under this subchapter and received by a displaced person shall not be considered income for purposes under the Internal Revenue Code, or resources of any recipient of public assistance. [PL 1971, c. 333, §1 (NEW).]
23 M.R.S. § 8119 — ME Code / Title 23 / Part 7 / Chapter 621 / Section 8119
23 §8119. Exemption from taxes
Status: in_force

Because the accomplishment by the authority of the authorized purpose stated in this chapter is for the benefit of the people of the State and for the improvement of their commerce and prosperity and is the performance of essential governmental functions, the authority may not be required to pay any taxes or assessment on any property acquired or used by it for the purposes provided in this chapter; except that service facilities leased or rented by the authority to business entities are subject to taxation and assessments must be made against the tenant in possession based upon the value of the leasehold interest, both real and personal. The authority may not be required to pay any tax upon its income except as may be required by the laws of the United States. [PL 1995, c. 374, §3 (NEW).]
23 M.R.S. § 3651 — ME Code / Title 23 / Part 3 / Chapter 313 / Section 3651
23 §3651. Failure to provide safety and convenience
Status: in_force

Highways, town ways and streets legally established must be opened and kept in repair so as to be safe and convenient for travelers with motor vehicles based on existing roadway surface and the season of the year. A municipal officer or county commissioner responsible for maintenance and repair of a town way must be notified by a resident in writing of which way is not safe and convenient. Once notified, the municipal officer or county commissioner may evaluate the risk to travelers based on existing roadway surface and the season of the year and recommend a reasonably achievable repair. If a municipal officer or county commissioner unreasonably neglects to repair the defective town way in a reasonable amount of time after receiving notice, a person who receives bodily injury or suffers damage to the person's property through any defect or want of repair on any town way may recover for the same in a civil action pursuant to section 3655 . [PL 2025, c. 395, §1 (AMD).]

1. Legal objects not defects. Trees, structures, utility poles and facilities and other things that exist in accordance with municipal ordinances are not defects in a public way. For the purposes of this subsection, "facilities" has the same meaning as in Title 35‑A, section 2502, subsection 3 . [PL 2019, c. 128, §1 (AMD).]
23 M.R.S. § 1804 — ME Code / Title 23 / Part 1 / Chapter 19 / Section 1804
23 §1804. Municipal, county or Indian reservation requirements
Status: in_force

To be eligible to receive funds from the Local Road Assistance Program, each municipality, county or Indian reservation shall, prior to November 1st each year, certify in a manner acceptable to the department that the funds are used in a manner consistent with this chapter. [PL 2019, c. 173, §1 (AMD).]
23 M.R.S. § 2053 — ME Code / Title 23 / Part 2 / Chapter 203 / Section 2053
23 §2053. Costs
Status: in_force

When their decision is against the prayer of the petitioners, the county commissioners shall order them to pay to the treasurer of the county, at a time fixed, all expenses incurred on account of it, and if they are not then paid, they shall issue a warrant of distress against the petitioners therefor.
23 M.R.S. § 157 — ME Code / Title 23 / Part 1 / Chapter 3 / Section 157
23 §157. Appeals
Status: in_force

The Department of Transportation or any party or parties aggrieved by an award by the State Claims Commission may appeal to the Superior Court in the county where the land is situated within 30 days from the date of issuance of the commission award. This appeal is de novo and is taken by filing a complaint setting forth substantially the facts upon which the case will be tried like other civil cases. The party appealing must provide a copy of the complaint to be filed in the Superior Court to the other party or parties within the same 30 days. [PL 2009, c. 265, §2 (AMD); PL 2009, c. 265, §3 (AFF).]

The court shall determine the same by a verdict of its jury or, if all parties agree, by the court without a jury or by a referee or referees and shall render judgment for just compensation, with interest where such is due, and for costs in favor of the party entitled thereto; except that if the department appeals and if the department does not prevail, interest where such is due and costs shall be paid by the department and the owner or owners shall be reimbursed by the department for a reasonable attorney's fee. [PL 1971, c. 593, §22 (AMD).]

If either the owner or owners of record or the department appeal and the just compensation finally awarded, exclusive of interest, is less than the gross damage determined by the State Claims Commission, exclusive of any interest allowed, then the court shall give judgment in favor of the department for the excess of the gross damage determined by the State Claims Commission, inclusive of interest, over the final award and for its costs from the time of appeal. Execution may be issued on such judgment. [PL 1987, c. 395, Pt. A, §99 (AMD).]

If either the owner or owners of record or the department appeal and the just compensation finally awarded, exclusive of interest, is not less than the gross damage determined by the State Claims Commission, exclusive of any interest allowed, then the court shall give judgment to the owner or owners for the amount in which the final award is in excess of the amount paid the owner or owners and for interest on such excess from the date of taking and for costs from the time of appeal. The clerk shall certify the final judgment of the court to the department, which shall enter the same of record and order the same to be paid by the Treasurer of State. The judgment and certificate of judgment shall specify the withholding, if any, authorized pursuant to section 244-A, subsection 4 . [PL 1991, c. 684, §9 (AMD).]

In case of the decease of any person entitled to claim damages under this subchapter, the heirs, executors, administrators or assigns of such person shall have the right to prosecute the appeal provided for in this section under the same conditions and limitations as the original owner had, and may be substituted for the appellant in any proceedings commenced by said appellant. In case any landowner assigns, transfers or sells his right to claim damages, his assignee, transferee or vendee shall have the same rights as above set forth.
23 M.R.S. § 7233 — ME Code / Title 23 / Part 7 / Chapter 617 / Section 7233
23 §7233. Order of Department of Transportation; appeals
Status: in_force

The order of the Department of Transportation relating to any matter on which the department may act under the authority of sections 7231 and 7232 shall be communicated in writing to the petitioners and to all persons to whom notice of the hearing on the petition was given. Any person aggrieved by the order, who was a party to the proceedings, may appeal from the order to the Superior Court within and for the county in which the way or crossing is located in the manner now provided in section 7202 . Any person aggrieved by the decision or judgment of the Department of Transportation in relation to damages for land taken for the purposes of section 7231 may appeal from the decision to the Superior Court to be held in the county where the land is situated, within 30 days after the report of the department is made, which court shall determine the same by a committee of reference if the parties so agree or by a verdict of its jury, and shall render judgment for the damages recovered with costs to the party prevailing in the appeal, but the committee or jury shall not alter the requirements in the report of the department. The appellants shall, when an appeal is taken, include in the complaint a statement setting forth substantially the facts of the case and shall give written notice of the 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 1989, c. 398, §8 (NEW).]
23 M.R.S. § 7232 — ME Code / Title 23 / Part 7 / Chapter 617 / Section 7232
23 §7232. Tracks of more than one railroad
Status: in_force

Whenever the Department of Transportation, on an application or petition brought under section 7231 , finds that a public way crosses or is crossed by tracks of more than one railroad and the tracks of the railroads are so near together that public safety or convenience requires the work of abolishment, reconstruction, alteration, change or removal to be done under and in compliance with one order, the department shall give notice to all the corporations operating the railroads to appear before it and be heard on the application. After notice and hearing the department shall determine what abolishment, reconstruction, alteration, change or removal, if any, of the crossing shall be made and shall determine by whom the work shall be done and shall apportion the percentage of expense to be borne by the railroad corporations between the corporations in such manner as the department shall deem just and proper. [PL 1989, c. 398, §8 (NEW).]
23 M.R.S. § 7220 — ME Code / Title 23 / Part 7 / Chapter 617 / Section 7220
23 §7220. Speed limit at highway grade crossings
Status: in_force

The department is authorized to fix a maximum speed limit at which trains may be run over any grade crossing of a highway or other way and, when the limit has been fixed by the department, no engine or train may be run over the crossings at a greater speed than that fixed by the department and no way may be unreasonably and negligently obstructed by engines, tenders or cars. Any railroad corporation forfeits not more than $100 for every violation of this section. [PL 1989, c. 398, §8 (NEW).]
23 M.R.S. § 1920 — ME Code / Title 23 / Part 1 / Chapter 21 / Section 1920
23 §1920. Penalty
Status: in_force

Any person, firm, corporation or other legal entity who shall erect, maintain or display a sign contrary to and in violation of this chapter, or the rules and regulations promulgated by the commissioner, shall be punished by a fine of not more than $100 together with the cost of removal of the signs. The unlawful maintenance or display of each sign or advertising structure for any one day shall constitute a separate offense. [PL 1981, c. 318, §4 (RPR).]

In addition to other penalties, the commissioner may, in the name of the state, institute any appropriate action, injunction or other proceeding to prevent, restrain, correct or abate any violation of this chapter, or any orders or the rules and regulations issued or promulgated hereunder. [PL 1981, c. 318, §4 (RPR).]
23 M.R.S. § 5183 — ME Code / Title 23 / Part 7 / Chapter 605 / Section 5183
23 §5183. Original corporation continues, to close business, and for actions
Status: in_force

The original corporation shall exist, after the foreclosure of the mortgage, for the sole purpose of closing its unsettled business and the right of action against it or its stockholders is not impaired. In actions founded on any of the bonds or coupons secured by the mortgage, the proportional actual value of the property taken under the mortgage shall be deducted. [PL 1987, c. 141, Pt. A, §4 (NEW).]
23 M.R.S. § 155 — ME Code / Title 23 / Part 1 / Chapter 3 / Section 155
23 §155. Negotiation
Status: in_force

The department shall have 60 days from the date of taking within which to negotiate with the owner or owners of record for an agreement as to the amount of just compensation. If within that time the owner rejects the State's offer of just compensation, such owner may apply to the department and have the matter referred to the State Claims Commission for assessment of the damage. If, at the expiration of that time, no such agreement for just compensation has been made, the department shall immediately file a petition with the State Claims Commission setting forth the pertinent facts including the names and addresses of the owner or owners of record and the holders of any mortgages, tax liens or other encumbrances, a copy of the notice of condemnation, the statement of the department and a plan of the property involved as served upon the owner or owners of record in accordance with section 154 and requesting a hearing and an award of just compensation. [PL 1987, c. 395, Pt. A, §97 (AMD).]
23 M.R.S. § 2751 — ME Code / Title 23 / Part 3 / Chapter 301 / Section 2751
23 §2751. Division by municipal officers
Status: in_force

When a way is established on a line between towns, their municipal officers shall divide it crosswise and assign to each town its portion thereof by metes and bounds, which, within one year thereafter, being accepted by each town at a legal meeting, renders each town liable in the same manner as if the way were wholly within the town. When a division of it is not so made, the select board of either town may petition the county commissioners, who shall give notice by causing a copy of such application with their order thereon appointing a time and place of hearing to be served upon the clerk of each town 30 days, or by causing it to be published in some newspaper printed in the county for 3 weeks, previous to the time appointed, and after hearing the parties, they may make such division. [PL 2021, c. 275, §10 (AMD).]
23 M.R.S. § 3106 — ME Code / Title 23 / Part 3 / Chapter 305 / Section 3106
23 §3106. Municipal assistance for purposes of protecting or restoring natural resources
Status: in_force

1. Protection or restoration of great ponds through repairs to private roads, ways or bridges. For the purpose of protecting or restoring a great pond, as defined in Title 38, section 480‑B, subsection 5 , a municipality may appropriate funds to repair a private road, way or bridge to prevent storm water runoff pollution from reaching a great pond if: A. The private road, way or bridge is within the watershed of the great pond; [PL 2009, c. 225, §1 (NEW).] B. The great pond: (1) Is listed on the Department of Environmental Protection's list of bodies of water most at risk pursuant to Title 38, section 420‑D, subsection 3 ; (2) Has been listed as impaired in an integrated water quality monitoring and assessment report submitted by the Department of Environmental Protection to the United States Environmental Protection Agency pursuant to the federal Clean Water Act, 33 United States Code, Section 1315(b) at least once since 2002; or (3) Is identified as having threats to water quality in a completed watershed survey that uses a protocol accepted by the Department of Environmental Protection; [PL 2009, c. 225, §1 (NEW).] C. The Department of Environmental Protection or the municipality determines that the private road, way or bridge is contributing to the degradation of the water quality of the great pond based upon an evaluation of the road, way or bridge using a protocol accepted by the department; [PL 2009, c. 225, §1 (NEW).] D. The repair complies with best management practices required by the Department of Environmental Protection; and [PL 2009, c. 225, §1 (NEW).] E. The private road, way or bridge is maintained by a road association organized under this subchapter or Title 13‑B . [PL 2009, c. 225, §1 (NEW).] [PL 2023, c. 65, §1 (AMD).]

1-A. Protection or restoration of protected natural resources through repairs to certain private roads, ways, bridges or storm water management systems. For the purpose of protecting or restoring a protected natural resource, a municipality or a regional community and economic development organization may appropriate funds to repair a private road, way, bridge or storm water management system to prevent storm water runoff pollution from reaching a protected natural resource if: A. The private road, way, bridge or storm water management system is within the watershed of the protected natural resource or is located within or immediately adjacent to the protected natural resource; [PL 2023, c. 65, §1 (NEW).] B. With respect to a protected natural resource that is a great pond only, the great pond satisfies the criteria listed in subsection 1, paragraph B ; [PL 2023, c. 65, §1 (NEW).] C. The Department of Environmental Protection, the municipality or the regional community and economic development organization determines that the private road, way, bridge or storm water management system is contributing to the degradation of water quality within or immediately adjacent to the protected natural resource based upon an evaluation of the road, way, bridge or storm water management system using a protocol accepted by the department; [PL 2023, c. 65, §1 (NEW).] D. The repair complies with best management practices required by the Department of Environmental Protection; and [PL 2023, c. 65, §1 (NEW).] E. The private road, way, bridge or storm water management system is located wholly or partially within or immediately adjacent to a military installation closed pursuant to the federal Defense Base Realignment and Closure Act of 1990. [PL 2023, c. 65, §1 (NEW).] [PL 2023, c. 65, §1 (NEW).]

1-B. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Protected natural resource" has the same meaning as in Title 38, section 480‑B, subsection 8 . [PL 2023, c. 65, §1 (NEW).] B. "Regional community and economic development organization" means a quasi-governmental entity established in statute for the purpose of addressing the development needs, problems and opportunities of municipalities and regions. "Regional community and economic development organization" includes, but is not limited to, the Midcoast Regional Redevelopment Authority established in Title 5, section 13083‑G . [PL 2023, c. 65, §1 (NEW).] [PL 2023, c. 65, §1 (NEW).]

2. Rules. The Department of Environmental Protection may adopt rules to carry out the purposes of this section. Rules adopted pursuant to this subsection are routine technical rules pursuant to Title 5, chapter 375, subchapter 2‑A . [PL 2009, c. 225, §1 (NEW).]
23 M.R.S. § 1961 — ME Code / Title 23 / Part 1 / Chapter 24 / Section 1961
23 §1961. Legislative findings; cooperation with the Department of Transportation; bonds; governmental function
Status: in_force

1. Legislative findings. The Legislature makes the following findings of fact. The economic and social well-being of the citizens of the State requires that the transportation system be developed in a comprehensive manner and depends upon the safety, efficiency and modern functional state of the turnpike. The turnpike should be maintained as a toll facility whether or not there are turnpike bonds outstanding. Toll revenues should be utilized to pay for retirement of any outstanding debt, including interest thereon; to pay for operation and maintenance of the turnpike; to pay for reconstruction of the turnpike; and to repay the Federal Government for grants or loans, the proceeds of which were used for the construction or reconstruction of the turnpike or portions of the turnpike, interchanges and certain interconnecting access roads, but only to the extent that the repayment is required as a result of maintaining tolls on the turnpike. [PL 1993, c. 116, §1 (AMD).]

2. Cooperation with the Department of Transportation. The authority may issue bonds or other obligations to pay for department projects. These amounts are considered necessary for use by the department for construction, reconstruction, operation and maintenance of all roads on the state highway system, which serve and benefit users of the turnpike by providing direct and indirect access to and from the turnpike as part of the integrated highway system. Due to the utilization of the state highway system by users of the turnpike, the turnpike and its users have received and will continue to receive a benefit from, or have caused and will continue to cause, or both, the State acting by and through the department to incur costs for the construction, operation and maintenance of the state highway system, which provides direct and indirect access to and from the turnpike to areas in the State for which the State may properly be and should be compensated from the tolls to be collected. The authority must be maintained to carry out the purposes of this chapter in cooperation with the department. [PL 2011, c. 302, §2 (AMD).]

3. Bonds. [PL 2015, c. 5, §2 (RP).]

4. Governmental function. It is declared that the purposes of this chapter are public and that the authority shall be regarded as performing a governmental function in carrying out this chapter. [PL 1987, c. 793, Pt. A, §6 (NEW).]

5. Transportation policy. Transportation planning decisions, capital investment decisions and project decisions of the Maine Turnpike Authority are governed by and must comply with the transportation policy set forth in section 73 and rules implementing that policy. [IB 1991, c. 1, §3 (NEW).]

6. Appropriation. On or before January 31st of each year, the authority shall present to each regular session of the Legislature for its approval the authority's revenue fund budget for the calendar year that begins after the adjournment of that regular session and shall present to each regular session of the Legislature for informational purposes a statement of the revenues necessary during the next calendar year to fund capital expenditures and reserves and to meet the requirements of any resolution authorizing bonds of the authority, including debt service and the maintenance of reserves for debt service and reserve maintenance. The authority shall present a detailed budget of expenditures from the authority's reserve maintenance fund for the next calendar year and shall include cross-references to show the total of similar expense categories that are paid from both the revenue and reserve maintenance funds. The authority may only pay revenue fund operating expenses in accordance with allocations approved by the Legislature or as necessary to satisfy the requirements of any resolution authorizing bonds of the authority. If alterations to the authority's revenue fund budget are needed, they must be reported by financial order to the joint standing committee of the Legislature having jurisdiction over transportation matters. [PL 2011, c. 302, §3 (AMD).]

7. Funds for department projects. As part of the budget presented in subsection 6 , the authority shall allocate funds for department projects in an amount such that the 3-year rolling average of the allocation equals at least 5% of annual operating revenues. The requirement under this subsection is subordinate to the authority's obligation to pay operating expenses and to meet the requirements of any resolution authorizing bonds of the authority. All department projects are subject to mutual agreement of the authority and the department. For purposes of this subsection, annual operating revenues do not include any interest earned from the authority's capital and debt service reserve funds or the amount of tolls or other income that is discounted, rebated or refunded by the authority. [PL 2011, c. 476, §1 (AMD).]
23 M.R.S. § 1007 — ME Code / Title 23 / Part 1 / Chapter 13 / Section 1007
23 §1007. Roads kept open by State; expense deducted from moneys due town
Status: in_force

When any town, in the judgment of the Department of Transportation, unreasonably fails to either raise, appropriate or pay the cost of snow removal, or without cause fails to keep open any state or state aid highway as required in section 1001 or 1003 , the department shall cause the highway to be kept open at the expense of the State. The Treasurer of State may withhold a sufficient amount from any funds due or to become due the town, to cover the payment in whole of the expense of the snow removal, and the amount collected shall be added to the State Highway Maintenance Account. [PL 1981, c. 492, Pt. C, §17 (RPR).]
23 M.R.S. § 6075 — ME Code / Title 23 / Part 7 / Chapter 609 / Section 6075
23 §6075. Powers
Status: in_force

Each policeman may, in all cases in which the rights of the appointing railroad are involved, exercise within this State all powers, including the powers of arrest and the carrying of firearms, for the reasonable purpose of his office. [PL 1987, c. 141, Pt. A, §4 (NEW).]
23 M.R.S. § 6080 — ME Code / Title 23 / Part 7 / Chapter 609 / Section 6080
23 §6080. Termination of authority
Status: in_force

Upon termination of employment of any railroad policeman, the powers of that policeman shall cease and terminate. Within 10 days after the termination, the appointing railroad shall, through its designated chief police officer or, in the absence of a chief police officer, its chief operating officer, file a notice of termination of employment of that individual with the Commissioner of Public Safety. [PL 1987, c. 141, Pt. A, §4 (NEW).]
23 M.R.S. § 6023 — ME Code / Title 23 / Part 7 / Chapter 607 / Section 6023
23 §6023. Injuring fences; turning animals into railroad enclosure
Status: in_force

1. Injuring fence. A person may not take down or intentionally injure a fence erected to protect the line of a railroad. [PL 2003, c. 452, Pt. L, §11 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]

2. Turning animals into railroad enclosure. A person may not turn a horse, cattle or other animal upon or within the enclosure of a railroad. [PL 2003, c. 452, Pt. L, §11 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]

3. Penalty. A person who violates this section commits a Class E crime. Violation of this section is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A . [PL 2003, c. 452, Pt. L, §11 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
23 M.R.S. § 3251 — ME Code / Title 23 / Part 3 / Chapter 305 / Section 3251
23 §3251. Ditches, drains and culverts; control; damages
Status: in_force

The municipal officers of a town may at the expense of the town construct ditches, drains and culverts to carry water away from any highway or road therein, and over or through any lands of persons or corporations, when they deem it necessary for public convenience or for the proper care of such highway or road, provided no such ditch, drain or culvert shall pass under or within 20 feet of any dwelling house without the consent of the owner thereof. Such ditches, drains and culverts may be constructed under such highways or roads. Such ditches, drains or culverts shall be under the control of said municipal officers and interference therewith may be punishable by a fine of not more than $500 or by imprisonment for not more than 3 months, or by both. If such town does not maintain and keep in repair such ditches, drains and culverts, the owner or occupant of the lands through or over which they pass may have his action against the town for damages thereby sustained.

Before land is so taken, notice shall be given and damages assessed and paid therefor as is provided for the location of town ways.
23 M.R.S. § 151 — ME Code / Title 23 / Part 1 / Chapter 3 / Section 151
23 §151. Purposes
Status: in_force

The purposes of this subchapter are to establish an independent, impartial board composed of persons well learned in the elements that may be properly considered in the determination of fair market value of property taken in condemnation proceedings; to empower such board to make awards of just compensation in highway condemnations and to establish before such board a procedure designed to afford to any interested party an opportunity to appear, present his case and have his rights fully protected without the necessity for retaining professional assistance; to thus provide to any interested party a prompt, efficient and inexpensive method of determination of just compensation and prompt payment of all or part of such compensation without prejudice to any right of appeal allowed. [PL 1975, c. 771, §235 (AMD).]
23 M.R.S. § 1251 — ME Code / Title 23 / Part 1 / Chapter 15 / Section 1251
23 §1251. Erection of warning signs
Status: in_force

There shall be placed and thereafterward maintained warning signs on every highway or other way within the State approaching a crossing at grade of such highway or other way and the tracks of a railroad. Such signs shall be placed on each side of such crossing at such distances as shall be determined upon by the Department of Transportation which is required, and vested with authority, to cause to be located and maintained such warning signs. In the compact parts of cities and towns where the conditions mentioned in section 2920 exist and are observed and at all other places where in the judgment of the 2 commissions such signs are unnecessary, no such warning signs need be erected. [PL 1981, c. 698, §100 (AMD).]
23 M.R.S. § 154-A — ME Code / Title 23 / Part 1 / Chapter 3 / Section 154-A
23 §154-A. Fair market value adjustment
Status: in_force

Any decrease or increase in the fair market value of real property prior to the date of valuation caused by the public improvement for which such property is acquired, or by the likelihood that the property would be acquired for such improvement, other than that due to physical deterioration within the reasonable control of the owner, will be disregarded in determining just compensation for the property. [PL 1971, c. 333, §4 (NEW).]
23 M.R.S. § 7003 — ME Code / Title 23 / Part 7 / Chapter 611 / Section 7003
23 §7003. Railroad liable for damages from locomotive fire; entitled to benefit of any insurance
Status: in_force

When a building or other property is injured by fire communicated by a locomotive engine, the corporation using it is responsible for that injury and it has an insurable interest in the property along the route for which it is responsible, and may procure insurance on that property. The corporation shall be entitled to the benefit of any insurance upon such property effected by the owner of the property less the premium and expense of recovery. The insurance shall be deducted from the damages, if recovered before the damages are assessed or, if not, the policy shall be assigned to the corporation which may maintain an action on the policy, or prosecute, at its own expense, any action already commenced by the insured, in either case with all the rights which the insured originally had. [PL 1987, c. 141, Pt. A, §4 (NEW).]
23 M.R.S. § 7230 — ME Code / Title 23 / Part 7 / Chapter 617 / Section 7230
23 §7230. Partial reimbursement of cost
Status: in_force

The State, by or through the Department of Transportation, may reimburse railroad corporations for up to 50% of their annual cost of maintaining public at-grade railroad crossings and crossing protection devices. These crossing protection devices shall include signals, gates, crossbucks and grade separation bridges carrying highways over railroad lines. The actual reimbursement shall be calculated for each railroad based on the following formula. "Cost" shall include all reimbursable costs incurred by the railroad, as determined by the commissioner, less any payments made to the railroad by any other entities. [PL 1989, c. 398, §8 (NEW).]

For the purpose of this section, public at-grade crossings shall be those crossings determined by the Commissioner of Transportation to be public crossings. Public crossings shall not include crossings on rail lines abandoned, embargoed or listed by the railroad corporation in Category I, Category II or Category III, as defined by the United States Interstate Commerce Commission, on the railroad corporation's most recent system diagram map filed with the United States Interstate Commerce Commission. [PL 1989, c. 398, §8 (NEW).]

The State may provide annually each railroad corporation with a reimbursement payment. For at-grade crossings, the payment must be determined based on each railroad corporation's verified average cost for crossing maintenance multiplied by the number of eligible crossings, with a maximum payment of $2,500 per crossing. [PL 2003, c. 498, §5 (AMD).]

Payment to any railroad corporation may be made contingent on the railroad corporation performing specified maintenance on specific crossings or grade separation bridges when, in the judgment of the commissioner, the public welfare or safety requires that the maintenance be performed. If the railroad corporation fails to perform the required maintenance, the department may contract with others for the work or perform the work itself. In either case, reimbursement of the actual costs shall be made to the entity performing the maintenance or causing the maintenance to be performed. The reimbursement payment to each railroad corporation shall be adjusted to reflect the costs of any maintenance performed by others on lines for which the railroad corporation is responsible under this provision. The adjustment shall also reflect an amount to cover the department's administrative costs for arranging the maintenance to be performed. [PL 1989, c. 398, §8 (NEW).]

Each railroad corporation which seeks reimbursement under this section must report annually its actual maintenance costs for the previous calendar year which shall be used to calculate the reimbursement. The department shall establish guidelines to determine allowable maintenance costs. [PL 1989, c. 398, §8 (NEW).]

This annual report shall describe its maintenance program for public grade crossings and highway over railroad grade separation bridges. The report shall include the total actual costs incurred, total quantities of materials used and work hours expended for the previous year. The department may audit records and supporting documentation relating to costs incurred by railroad corporations. [PL 1989, c. 398, §8 (NEW).]

The commissioner shall develop guidelines to require that any railroad corporation, prior to receiving a reimbursement for the maintenance of the line on which an eligible crossing is located shall file an annual plan by December 1st of each calendar year. The plan shall describe the condition of the line, the maintenance to be performed in the year for which reimbursement is sought, the speed at which trains will be allowed to operate over that line, the posted vehicle load limit on grade separation bridges and any other information required by the commissioner. The commissioner may also require as a condition of reimbursement that certain noncrossing maintenance or repairs be performed on the line or that the line be maintained to allow trains to operate at a certain speed, that vehicle load limits on grade separation bridges be maintained or that other measures affecting the safety and maintenance of the track be taken by the railroad corporation. [PL 1989, c. 398, §8 (NEW).]
23 M.R.S. § 1111 — ME Code / Title 23 / Part 1 / Chapter 13 / Section 1111
23 §1111. Perambulation
Status: in_force

The boundary line between the State of New Hampshire and the State of Maine, as established and marked in 1927, 1928 and 1929, under the public laws of 1927, chapter 21 , shall be perambulated once in 7 years forever and the line marked and bounds renewed whenever necessary. The Governor shall appoint a surveyor from the Department of Transportation who shall, in conjunction with a duly authorized representative of the State of New Hampshire, perambulate the boundary line from Bryant's Rock at East Pond to the Canadian Line. [PL 1977, c. 696, §194 (REEN).]
23 M.R.S. § 5143 — ME Code / Title 23 / Part 7 / Chapter 605 / Section 5143
23 §5143. Equal facilities to all expresses
Status: in_force

Every railroad operating in the State shall furnish reasonable and equal facilities and accommodations to all persons engaged in express business for transportation of themselves, agents, servants, merchandise and other property; for the use of their stations, buildings and grounds; and for exchanges at points of junction with other roads, under a penalty of not more than $500, to be recovered by indictment and are liable to the aggrieved party in a civil action for damages. [PL 1987, c. 141, Pt. A, §4 (NEW).]
23 M.R.S. § 5122 — ME Code / Title 23 / Part 7 / Chapter 605 / Section 5122
23 §5122. Rights of ticket holders
Status: in_force

No railroad company may limit the right of a ticket holder to any given train, but the ticket holder may travel on any train, whether regular or express, and may stop at any of the stations along the line of the road at which the trains stop. The ticket shall be good for passage for one year from the day it was first issued. Railroad companies may sell excursion, return or other special tickets at less than the regular rates of fare, to be used only as provided on the ticket. [PL 1987, c. 141, Pt. A, §4 (NEW).]
23 M.R.S. § 2051 — ME Code / Title 23 / Part 2 / Chapter 203 / Section 2051
23 §2051. Power of commissioners
Status: in_force

1. Layout, maintenance and discontinuance of roads in unorganized areas. County commissioners may lay out, alter, close for maintenance or discontinue highways within the unorganized areas of their counties and grade hills in such a highway. The county commissioners may close a county road for maintenance and preserve the right-of-way for the use of abutting landowners, any others using that way for access to their property and public utilities and corporations with facilities legally located within that way, at their own risk. At a regular session of the commissioners, responsible persons may present a written petition describing a way and stating that the location, alteration, grading or closing for maintenance or discontinuance of that way, in whole or in part, or an alternative action, is desired. The commissioners may act upon the petition, conforming substantially to the description without adhering strictly to its bounds. [PL 1997, c. 327, §1 (NEW).]

2. Closing roads in unorganized areas for the winter. The county commissioners may close any county road in the unorganized areas of their county under the same conditions and following the same procedure established in section 2953, subsections 1 to 4 for the closure of roads in municipalities by the municipal officers, except that the county commissioners approve the order closing a road and may annul, alter or modify any such order. A copy of the order must be filed with the county clerk or county administrator. Any person may appeal from a decision of the county commissioners to close a county road for the winter in the same manner as provided in Title 17, section 2852 . [PL 1997, c. 327, §1 (NEW).]
23 M.R.S. § 7155 — ME Code / Title 23 / Part 7 / Chapter 615 / Section 7155
23 §7155. Conditions of sale, lease and operation
Status: in_force

1. Financial conditions on sale, lease or operating contract. Any railroad line acquired pursuant to this chapter may be sold, leased or contracted to an operator, but only upon terms at least as favorable to the State as follows: A. All of the costs of acquiring the railroad line and associated property shall be recovered by the State; and [PL 1989, c. 398, §7 (RPR).] B. The credit of the State shall not be pledged unless separately authorized as required by the Constitution of Maine, Article IX, Section 14. [PL 1989, c. 398, §7 (RPR).] [PL 1989, c. 398, §7 (RPR).]

2. State operation of railroad prohibited. In no event may the department or any other unit of State Government directly operate a railroad over a railroad line acquired under this chapter. The department may own the railroad line and lease or otherwise contract for its use by a private operator. [PL 1989, c. 398, §7 (RPR).]
23 M.R.S. § 7231 — ME Code / Title 23 / Part 7 / Chapter 617 / Section 7231
23 §7231. Petition; damages; expenses; temporary ways
Status: in_force

The municipal officers in instances of town ways crossing or crossed by a railroad, whether the crossing be at grade or otherwise, or any railroad corporation may petition the Department of Transportation alleging that public safety or public convenience either to the traveling public or in the operation of the railroad services requires abolishment of or reconstruction of or alteration of crossings or its approaches; or change in the method of crossing a public way; or the closing of a crossing and the substitution of another; or the removal of obstructions to the sight at the crossing and requesting the situation be remedied. The Department of Transportation shall appoint a time and place for a hearing after notice of not less than 10 days to the petitioners, the railroad corporation, the municipality in which the crossing is situated, the owners or occupants of the land adjoining the crossing or adjoining that part of the way to be changed in grade. After notice and hearing, the Department of Transportation shall make its determination to insure safety or public convenience and by whom the abolishment, reconstruction, alteration, change or removal shall be made. The jurisdiction of the Department of Transportation shall exist whether the change or alterations in the crossing is within or without the limits of a public way. To facilitate the abolishment, reconstruction, alterations, changes or removals, highways and other ways may be raised or lowered or the courses of the same way may be altered to permit a railroad to pass at the side thereof. For the purposes aforesaid land may be taken and damages awarded as provided for laying out highways. The Department of Transportation shall determine how much land may be taken and shall fix the damages sustained by any person whose land is taken and the special damages which the owner of land adjoining the public way may sustain by reason of any change in the grade of the way. [PL 1989, c. 398, §8 (NEW).]

Appeal from any decision, order or award of the commission may be had as provided in section 7233 . The Department of Transportation shall apportion the expenses pertaining thereto and damages as follows: If the way involved is a state highway, 50% to the department and 50% to the railroad corporation; if the way involved is a state aid highway, 50% to the department and the municipality or municipalities in which the way is located, the pro rata share being determined by the percentage of state aid granted on the way involved and 50% to the railroad corporation; if the way involved is a town way, 35% to the State, to be paid out of the General Fund, 15% to the town, or in cases under the last paragraph of this section 15% to the county commissioners of the county in which the way is located and over which the county commissioners have jurisdiction, and 50% to the railroad corporation, provided that the department may vary the aforesaid percentages of expense and damages as it may deem proper after due consideration of the relative benefits to be derived from the abolishment, alteration or reconstruction, and provided that the amount ordered to be paid by the railroad corporation shall not in any event exceed 50% of the expenses and damages. The Department of Transportation may approve agreements made by the railroad corporation and other parties in interest in respect to the work or varying the percentages, provided the amount to be paid by the town shall not exceed the 15% specified unless the town shall vote otherwise, as to any elimination or alteration made under this section, the department may determine what work fairly and properly should be regarded as highway construction. [PL 1989, c. 398, §8 (NEW).]

Notwithstanding the preceding paragraph, the cost of reconstruction of railroad grade separation structures carrying the highway over the railroad, including the alterations to the approaches to said structure, on nonfederal aid state aid highways shall be apportioned as follows: 70% to the Department of Transportation, 10% to the railroad corporation and 20% to the municipality or the county having jurisdiction of the roads in any unorganized township in which said structure is located, provided that the department may vary the aforesaid percentages of cost as it may deem proper after due consideration of the relative benefits to be derived from the reconstruction. [PL 1989, c. 398, §8 (NEW).]

The Department of Transportation may make an order relative to the maintenance of crossings at grade or otherwise as it may deem necessary, and may determine whether expense shall be borne by the railroad corporation, by the municipality in which any crossing is located or by the State by or through the department; or the department may apportion the expense equitably between the railroad corporation, the municipality and the State by or through the Department of Transportation. [PL 1989, c. 398, §8 (NEW).]

While the use of any way is obstructed in carrying out the foregoing provisions of this section, such temporary way shall be provided as the department may order. The Department of Transportation shall not make any order on any petition filed under this section until they are satisfied, by investigation or otherwise, that the financial condition of the corporation operating the railroad in question will enable the corporation to comply with the order, and that the probable benefit to the public will warrant the order and the probable expense resulting from the order, and that the order can be complied with without exceeding the state appropriation available. [PL 1989, c. 398, §8 (NEW).]

The county commissioners shall have the same right of petition under this section, with respect to roads in unorganized places laid out by them under section 4001 , as have municipal officers of a municipality under the provisions of this section. In case a petition is filed by them, all parties interested in the subject matter of the petition shall be notified by the Department of Transportation of the filing of the petition and given opportunity to appear and be heard. [PL 1989, c. 398, §8 (NEW).]
23 M.R.S. § 356 — ME Code / Title 23 / Part 1 / Chapter 9 / Section 356
23 §356. Parallel bridge naming
Status: in_force

When designating a bridge in this State with a specific name, the Department of Transportation shall deem separate bridges that run parallel to one another on the same highway as one bridge for the purposes of that designation. [PL 2019, c. 565, §1 (NEW).]
23 M.R.S. § 59 — ME Code / Title 23 / Part 1 / Chapter 3 / Section 59
23 §59. -- uniform numbering system
Status: in_force

The department is authorized to cooperate with the Federal Government in formulating and adopting a uniform system of numbering or designating roads of interstate character within this State, and in the selection and erection of uniform danger signals and safety devices for the protection and direction of traffic on said highways. [PL 1971, c. 593, §22 (AMD).]
23 M.R.S. § 6013 — ME Code / Title 23 / Part 7 / Chapter 607 / Section 6013
23 §6013. Deposit of damages, interest and costs
Status: in_force

When the proceedings are closed, the corporation may deposit with the clerk the amount of damages, with interest from the time when the estimation was recorded, and legal costs, in full satisfaction therefor, unless a demand had been previously made and payment neglected. [PL 1987, c. 141, Pt. A, §4 (NEW).]
23 M.R.S. § 4402 — ME Code / Title 23 / Part 6 / Chapter 412 / Section 4402
23 §4402. Charter service
Status: in_force

The Department of Transportation may operate a special charter service to Hurricane Island in Knox County, or to ports added or to be added by legislative enactment. The operation of this charter service shall not interfere nor curtail in any way the schedule of the Maine State Ferry Service to ports named in this section or to ports added or to be added by legislative enactment. [PL 1987, c. 402, Pt. A, §148 (AMD).]
23 M.R.S. § 1980 — ME Code / Title 23 / Part 1 / Chapter 24 / Section 1980
23 §1980. Penalties
Status: in_force

Regulatory rules and laws shall be observed as follows. [PL 1981, c. 595, §3 (NEW).]

1. Traffic infraction. Except as provided in subsection 1‑A , a violation of published rules relating to the turnpike or its use or services is a traffic infraction and is punishable by a fine of not more than $500. [PL 2003, c. 452, Pt. L, §4 (AMD); PL 2003, c. 452, Pt. X, §2 (AFF).]

1-A. Criminal violations. The following violations of published rules relating to the turnpike or its use or services are crimes. A. A person who operates a motor vehicle at a speed that exceeds, by 30 miles per hour or more, the speed fixed by the authority commits a Class E crime. [PL 2003, c. 452, Pt. L, §5 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] B. A person who fails or neglects to pay tolls, fares or charges for use of the turnpike commits a Class E crime. [PL 2003, c. 452, Pt. L, §5 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] These crimes are strict liability crimes as defined in Title 17‑A, section 34, subsection 4‑A . [PL 2003, c. 452, Pt. L, §5 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]

2. Criminal acts and civil violations. The Revised Statutes, and amendments thereto, and the decisions of the courts of the State, shall apply to criminal acts and civil violations committed on the turnpike. [PL 1981, c. 595, §3 (NEW).]

2-A. Toll violations. In addition to potential criminal liability under subsection 1‑A , the registered owner of a vehicle may be liable for civil penalties for failure to pay a toll as set out in this subsection. A. If an operator of a vehicle fails to pay a toll, the registered owner of that vehicle is liable for payment of the toll and is subject to a civil penalty of: (1) Fifty dollars, except as provided in subparagraph (2) or (3); (2) One hundred dollars, if a failure to pay a toll occurs within 18 months of a prior failure to pay; or (3) One hundred fifty dollars, if a failure to pay a toll occurs within 18 months of 2 or more prior failures to pay. [PL 2003, c. 591, §2 (RPR).] B. As used in this subsection, unless the context otherwise indicates, the following terms have the following meanings. (1) "Administrative fee" means the fee imposed pursuant to paragraph C, subparagraph (4) . (2) "Electronic toll collection system" means a system of collecting tolls or other charges that is capable of charging an account holder the appropriate amount by transmission of information between a device on a motor vehicle and a toll collection facility. (3) "Pay" means paying a toll by cash, by permitting a charge against a valid account with the authority or by any other means of payment approved by the authority at the time. (4) "Photo-monitoring system" means a motor vehicle sensor installed to work in conjunction with a toll collection facility that automatically produces a photograph, microphotograph, videotape or other recorded image of a motor vehicle when the operator of the motor vehicle fails to pay a toll. (5) "Registered owner" means a person in whose name a motor vehicle is registered under the law of a jurisdiction, including a person issued a dealer or transporter registration plate. (6) "Toll" or "tolls" means tolls or other charges prescribed by the authority for use of the turnpike or for other services provided to a turnpike patron under section 1965, subsection 1, paragraph V . (7) "Violation clerk" means an employee of the authority designated by the authority to enforce violations and adjudicate appeals relating to those violations under this subsection. [PL 2003, c. 591, §2 (RPR).] C. The following procedures must be followed for the collection of tolls, administrative fees and civil penalties under this subsection. (1) The authority shall send a notice of liability by first class mail to a person alleged to be liable as a registered owner under this subsection. The notice must be sent to the address of the registered owner on record with the authority if the registered owner is an electronic toll collection patron of the authority or, if no such record exists, the address of the registered owner on record with the Secretary of State. If no address is on record with the authority or the Secretary of State, the notice may be sent to an address for the registered owner obtained by the authority through other reasonable means, including but not limited to through databases compiled by law enforcement or other government agencies. A written statement by the authority that the notice of liability has been mailed is prima facie evidence of the mailing of the notice. (2) A notice of liability must include the amount of the unpaid toll, the registration number of the vehicle involved, the toll collection facility at which the failure to pay occurred and the date and the approximate time of the failure. The notice must also include the name, address and telephone number of the violation clerk responsible for enforcing the penalty for the failure to pay. (3) A notice of liability must state how the alleged liability may be contested and must identify the statutory defenses described in paragraph E . The notice must also include a warning that failure to contest in the manner and time provided is an admission of liability and a waiver of defenses and that failure to pay or respond may result in revocation of the registration certificate and plates issued for a motor vehicle registered in the State or suspension of the right to operate the motor vehicle in this State if it is registered in another jurisdiction. (4) Within 30 calendar days after the date of issuance of the notice of liability, the registered owner shall: (a) Pay the amount of the toll for which the person is liable, the civil penalty or penalties provided for in paragraph A and an administrative fee of $20 for each unpaid toll for which the person is liable; (b) Send a written dispute by mail to the violation clerk named in the notice, as provided by paragraph I ; or (c) Request a hearing with the violation clerk named in the notice as provided by paragraph J . [PL 2015, c. 159, §1 (AMD).] D. Except as provided in paragraph E , it is not a defense to liability under this subsection that a registered owner was not operating the motor vehicle at the time of the failure to pay. [PL 2003, c. 591, §2 (RPR).] E. Defenses to liability under this subsection are as set out in this paragraph. (1) If a person other than the registered owner of the motor vehicle is adjudicated criminally or civilly responsible for the failure to pay a toll, then the registered owner is not liable under this subsection. (2) If the registered owner of the motor vehicle is the lessor of motor vehicles and at the time of the failure to pay an authority toll the motor vehicle was in the possession of a lessee and the lessor provides the authority with a copy of the lease agreement containing the information required by Title 29‑A, section 254 , then the lessee, and not the lessor, is liable under this subsection. (3) If the motor vehicle is operated using a dealer or transporter registration plate and at the time of the failure to pay the motor vehicle was under the custody or control of a person other than the dealer or transporter, and if the dealer or transporter provides the authority with the name and address of the person who had custody or control over the motor vehicle at the time of the failure to pay, then that person and not the dealer or transporter is liable under this subsection. (4) If a report that the motor vehicle was stolen is given to a law enforcement officer or agency before the failure to pay occurs or within a reasonable time after the registered owner becomes aware of the theft, then the registered owner is not liable under this subsection. [PL 2003, c. 591, §2 (RPR).] F. Nothing in this subsection may be construed to limit the liability of an operator of a motor vehicle for a failure to pay an authority toll. If a person who is liable for a failure to pay under this subsection was not the operator of the motor vehicle at the time of the failure to pay, that person may maintain an action for indemnification against the operator to recover all tolls, administrative fees and civil penalties paid by that person under this subsection. [PL 2003, c. 591, §2 (RPR).] G. The authority shall notify the Secretary of State, who shall, in accordance with Title 29‑A, section 154, subsection 6 , suspend the registration certificate and plates issued for the vehicle involved in the alleged failure to pay if that vehicle is registered in this State or, if that vehicle is registered in another jurisdiction, suspend the right to operate the motor vehicle in accordance with Title 29‑A, section 2461 if a registered owner: (1) Does not dispute a notice of liability or pay the tolls, administrative fees and civil penalties as required by paragraph C, subparagraph (4) ; (2) Does not pay the required tolls, administrative fees and civil penalties within 30 days of a final determination of liability as provided in paragraphs I and J ; or (4) Does not pay the required tolls, administrative fees or civil penalties within 30 days of a final determination of liability by an away agency with whom the authority has a reciprocal collection arrangement under subsection 2‑C . When notifying the Secretary of State under this paragraph, the authority shall send a notice by first class mail informing the registered owner of the pending suspension. [PL 2015, c. 159, §2 (AMD).] H. [PL 2011, c. 476, §7 (RP).] I. The registered owner may, without waiving the right to a hearing before a violation clerk as provided by paragraph J and also without waiving the right to judicial review as provided by Title 5, chapter 375, subchapter 7 , appeal a notice of liability as provided by paragraph C, subparagraph (4) and receive a review and disposition of the violation from a violation clerk by mail. The appeal by mail must contain a signed statement from the registered owner explaining the basis for the appeal. The signed statement may be accompanied by signed statements from witnesses, police officers, government officials or other relevant parties or photographs, diagrams, maps or other relevant documents that the registered owner determines appropriate to submit. Statements or materials sent to a violation clerk for review must have attached to them the name and address of the registered owner as well as the number of the notice of liability and the date of the violation. All information submitted by the registered owner becomes part of the violation record. The violation clerk shall, within 60 days of receipt of such material, review the material and dismiss or uphold the violation and notify the registered owner of the disposition of the hearing in writing by mail. If the appeal by mail is denied, the violation clerk shall explain the reasons for the determination. The review and disposition handled by mail is informal, the rules of evidence do not apply and the decision is final, subject to the hearing provisions of paragraph J. [PL 2003, c. 591, §2 (NEW).] J. As provided by paragraph C, subparagraph (4) or within 30 days of the issuance of a decision by a violation clerk under paragraph I , a registered owner may make a written request for an appeal hearing before a violation clerk designated by the authority. The violation clerk shall then notify the registered owner in writing by certified mail, return receipt requested of the date, time and place of the hearing. The hearing is informal, the rules of evidence do not apply and the decision of the violation clerk is final. The violation clerk shall notify the parties in person or by mail of the decision following the hearing. Each written appeal decision must contain a statement of reasons for the decision including a determination of each issue of fact necessary to the decision. Failure to appear at the date, time and place specified on the hearing notice automatically results in the denial of the appeal. [PL 2003, c. 591, §2 (NEW).] K. Any decision by a violation clerk under this section is subject to judicial review of final agency action in the manner provided by Title 5, chapter 375, subchapter 7 . If a registered owner files an appeal pursuant to this subsection, the authority may not notify the Secretary of State to suspend the registration certificate and plate issued for the vehicle involved in the alleged failure to pay until the appeal is resolved. [PL 2003, c. 591, §2 (NEW).] [PL 2015, c. 159, §§1, 2 (AMD).]

2-B. Admissibility of photo-monitoring evidence. A photograph, microphotograph, videotape or other recorded image produced by a photo-monitoring device is admissible in a proceeding to collect a toll or other charge of the authority, to collect civil penalties imposed under subsection 2‑A or to impose civil or criminal liability for a failure to pay the toll or charge. A. An original or facsimile of a certificate, sworn to or affirmed by an agent of the authority that states that a failure to pay has occurred and states that it is based upon a personal inspection of a photograph, microphotograph, videotape or other recorded image produced by a photo-monitoring system, as defined in subsection 2‑A , is prima facie evidence of the facts contained in the certificate. [PL 1993, c. 698, §2 (NEW).] B. A photograph, micro-photograph, videotape or other recorded image prepared for enforcement of authority tolls is for the exclusive use of the authority in the discharge of its duties under this section. This material is confidential and is not available to the public or to any person employed by the authority whose duties do not require access to the material. The authority shall make this information available to a law enforcement officer upon request and may share this information with other toll administrative agencies as provided in section 1982 . Except as provided in this subsection or as may be necessary to prove a claim for indemnification under subsection 2‑A, paragraph F or to prosecute a criminal offense, this material may not be used in a court in an action or proceeding. [PL 2011, c. 302, §18 (AMD).] C. A photograph, microphotograph, videotape or recorded image obtained from a photo-monitoring system as defined in subsection 2‑A may not be used by the authority for the purposes of collection of a toll or other charge if the photograph, microphotograph, videotape or recorded image shows the face of a passenger or driver of a motor vehicle. [PL 2003, c. 591, §3 (NEW).] This subsection takes effect July 1, 1995. [PL 2011, c. 302, §18 (AMD).]

2-C. Reciprocity with away agencies. The authority may enter into reciprocal collection arrangements with away agencies in accordance with this subsection. When an away agency certifies with supporting evidence that the operator of a motor vehicle registered in this State has failed to pay a toll, the authority may collect the civil penalties and tolls properly imposed by the away agency as though those penalties and tolls were imposed by the authority if: A. The away agency has its own effective reciprocal procedures for collecting penalties and tolls imposed by the authority and does, in fact, reciprocate in collecting penalties and tolls of the authority by employing sanctions that include denial of a person's right to register or reregister a motor vehicle; [PL 2011, c. 302, §19 (NEW).] B. The penalties, exclusive of tolls, claimed by the away agency against an owner of a motor vehicle registered in this State do not exceed $100 for a first violation or $600 for all pending violations; [PL 2011, c. 420, Pt. H, §1 (AMD); PL 2011, c. 420, Pt. H, §2 (AFF).] C. The away agency provides due process and appeal protections to avoid the likelihood that a false, mistaken or unjustified claim will be pursued against an owner; [PL 2011, c. 302, §19 (NEW).] D. An owner of a motor vehicle registered in this State may present evidence to the away agency or to the authority by mail, telephone, electronic means or other means to invoke rights of due process without having to appear personally in the jurisdiction where the violation occurred; and [PL 2011, c. 420, Pt. H, §1 (AMD); PL 2011, c. 420, Pt. H, §2 (AFF).] E. The reciprocal collection arrangement between the authority and the away agency provides that each party may charge the other a fee sufficient to cover the costs of collection services, including costs incurred by an agency that registers motor vehicles. [PL 2011, c. 302, §19 (NEW).] [PL 2011, c. 302, §19 (NEW); PL 2011, c. 420, Pt. H, §1 (AMD); PL 2011, c. 420, Pt. H, §2 (AFF).]

3. Rules. This section shall not affect the power of the authority to make rules governing use of the turnpike, or the power to prescribe limitations on the speed, volume and weight of vehicles using the turnpike, as granted to the authority by this chapter. [PL 1981, c. 595, §3 (NEW).]

4. Other collection procedures. Nothing in this section prevents the authority from collecting payment for use of the turnpike or any other service in connection with the turnpike by action at law or in equity. [PL 2003, c. 452, Pt. L, §6 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
23 M.R.S. § 1975 — ME Code / Title 23 / Part 1 / Chapter 24 / Section 1975
23 §1975. Provisions in case of default on bonds
Status: in_force

Except as may otherwise be provided in a bond resolution or trust indenture or loan or security agreement, in the event that the authority shall default in the payment of principal or interest on any of its bonds after the principal or interest falls due and that default shall continue for a period of 60 days or shall default in any other agreement with the bondholders or with a trustee under a trust indenture or loan or security agreement, the holders of 25% in aggregate principal amounts of the bonds then outstanding by instrument filed in the office of the Secretary of State duly acknowledged may appoint a trustee to represent the bondholders for the purpose provided in this section. The trustee may upon the written request of the holders of 25% in principal amount of the bonds then outstanding: [PL 1981, c. 595, §3 (NEW).]

1. Enforcement of rights of bondholders. By mandamus or other suit, action or proceeding at law or in equity enforce the rights of the bondholders; [PL 1981, c. 595, §3 (NEW).]

2. Suit upon bonds. Bring suit upon the bonds; [PL 1981, c. 595, §3 (NEW).]

3. Enjoinment of acts or other things. Enjoin any acts or other things which may be unlawful or in violation of the rights of the bondholders; or [PL 1981, c. 595, §3 (NEW).]

4. Require accounting. By action or suit in equity require the authority to account as if it were trustee of an expressed trust for the bondholders. The trustee shall be entitled, as a right, to the appointment of a receiver who may, to the extent that the authority could itself do, enter and take possession of the facilities of the authority or any part thereof, the revenue or receipts from which are or may be applicable to the payment of the bonds so in default, and operate and maintain the same and collect and receive all revenue thereafter arising therefrom in the same manner as the authority might do and shall deposit all such moneys in a separate account and apply the same in such manner as the court shall direct. In any suit, action or proceeding by the trustee, the fees, counsel fees and expenses of the trustee and the receiver, if any, and all costs and disbursements allowed by the court shall be a first charge on any revenues and receipts derived from the turnpike, the revenues and receipts from which are or may be applicable to the payment of the bonds so in default. The trustees shall, in addition, have and possess all the powers necessary and appropriate for the exercise of any functions specifically set forth in this section or incident to the general representation of the bondholders in the enforcement and protection of their rights. Except as may otherwise be provided in a bond resolution or trust indenture or loan or other security agreement, in addition to other rights and limitations any bondholder shall have the right by mandamus or other suit, action or proceeding in law or in equity to enforce his rights against the authority, including the right to require the authority to carry out any agreement or covenant and to perform its duties under this chapter. [PL 1981, c. 595, §3 (NEW).]
23 M.R.S. § 7013 — ME Code / Title 23 / Part 7 / Chapter 611 / Section 7013
23 §7013. Interference with performance of duty
Status: in_force

Obstruction or interference with the performance of any act authorized or required in this chapter is declared to be a misdemeanor and any person convicted of the same shall be punished by a fine of not more than $20 or by imprisonment for not more than 30 days. Jurisdiction over each such offense is conferred on the District Court. [PL 1987, c. 141, Pt. A, §4 (NEW).]
23 M.R.S. § 7221 — ME Code / Title 23 / Part 7 / Chapter 617 / Section 7221
23 §7221. Automatic signals; expense; definition
Status: in_force

The department may require each railroad company operating within this State to install, operate and maintain an automatic signal, gates or other protective device or to require a flagger to be stationed at any highway crossing within this State where, after reasonable notice and hearing, the department decides that public safety requires a signal, gates or other protective device or flagger as a proper measure of protection. Notice and hearing are not required for automatic grade crossing protection funded and installed under the federal program. The expense of installing, operating and maintaining any signal, gates or other protective device or of providing the flagger must be borne by the corporation operating the railroad passing over the crossing to be protected, except that at crossings located on state and state aid highways the expense of installing the signal, gates or other protective device must be apportioned between the corporation and the State in proportions as the department determines. Wherever the term "signal" or "automatic signal" is used in this chapter, it is construed to be an appliance that gives warning of the approach of a train and that is either audible and visible by day and by night, or audible or visible as determined by the department. [PL 1993, c. 164, §1 (AMD).]
23 M.R.S. § 64 — ME Code / Title 23 / Part 1 / Chapter 3 / Section 64
23 §64. Enforcement of provisions
Status: in_force

The department shall cause complaint to be entered against any offender of section 3252 , when the way obstructed or affected by the obstruction is maintained by the State. The forfeitures recovered in such cases shall be paid to the Treasurer of State for the use of the State Highway Maintenance Fund. [PL 1981, c. 470, Pt. A, §121 (AMD).]
23 M.R.S. § 7009 — ME Code / Title 23 / Part 7 / Chapter 611 / Section 7009
23 §7009. Stranger entering or leaving moving train; liability of corporation not affected
Status: in_force

Any person, other than a servant or employee of the road, or a passenger holding a ticket for a passage over the road, or mail agent or expressman, who gets upon or leaves any steam engine, tender or car at any place outside of a railroad station while that engine, tender or car is in motion, shall be punished by a fine of not more than $10 or by imprisonment for not more than 30 days. This provision does not affect the liability of any railroad corporation for injuries or damages caused by the fault or negligence of the corporation or its servants. [PL 1987, c. 141, Pt. A, §4 (NEW).]
23 M.R.S. § 3252 — ME Code / Title 23 / Part 3 / Chapter 305 / Section 3252
23 §3252. Drainage or obstruction of public ways
Status: in_force

1. Change in drainage; obstruction. A person, personally or through the person's agents or servants, may not do any of the following acts in a manner that changes the drainage of a public way or obstructs a public way: A. Cultivate, in connection with the improvement of lands adjacent to a public way, any portion of the wrought portion of a public way; [PL 2003, c. 452, Pt. L, §7 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] B. Turn teams, tractors, farm machinery or other equipment upon the wrought portion of a public way; or [PL 2003, c. 452, Pt. L, §7 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] C. Deposit within or along any ditch or drain in a public way any material that will obstruct the flow of water in the ditch or drain or otherwise obstruct the way. With the written consent and in accordance with specifications of the legal authorities having supervision of the ditch or drain, a person may, to provide egress and regress to and from lands occupied by that person, lawfully construct and maintain a bridge across the ditch or drain. [PL 2003, c. 452, Pt. L, §7 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] [PL 2003, c. 452, Pt. L, §7 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]

2. Penalties. The following penalties apply to violations of this section. A. A person who intentionally or knowingly violates subsection 1 commits a civil violation for which a fine of not more than $50 plus costs may be adjudged. [PL 2003, c. 452, Pt. L, §7 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] B. A person who intentionally or knowingly violates subsection 1 after having previously violated this section commits a civil violation for which a fine of not more than $100 plus costs may be adjudged. [PL 2003, c. 452, Pt. L, §7 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] All fines recovered under this section, except in cases where the way involved was maintained by the State, must be paid to the treasurer of the municipality, or, for an unorganized place, to the treasurer of the county, where such offense is committed and must be expended in the construction and maintenance of public ways or drains therein. [PL 2003, c. 452, Pt. L, §7 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]

3. Damages. In addition to the fines under subsection 2 , a person who intentionally or knowingly violates subsection 1 is liable for double the amount of the actual damage, to be recovered in a civil action by the municipality, or, in behalf of any unorganized place, by the county where the offense is committed. [PL 2003, c. 452, Pt. L, §7 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]

4. Jurisdiction. In all prosecutions under this section, the District Court has, upon complaint, jurisdiction concurrent with the Superior Court. [PL 2003, c. 452, Pt. L, §7 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]

5. Application. This section does not apply to a person having legal supervision of a public way. [PL 2003, c. 452, Pt. L, §7 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
23 M.R.S. § 52 — ME Code / Title 23 / Part 1 / Chapter 3 / Section 52
23 §52. General powers and duties
Status: in_force

The Department of Transportation, referred to in this chapter as "the department," may from time to time make and shall enforce rules and regulations relating to the planning, design, engineering, construction, improvement, maintenance and use of transportation infrastructure. The department may from time to time make and shall enforce rules relating to the manner of conducting all investigations and hearings and the administration of its office, powers and duties. The department shall direct the expenditure of all money for the planning, design, engineering, construction, improvement, demolition, maintenance and use of all transportation infrastructure for which state funds are provided by law. The department may conduct traffic survey interviews and other statistical studies on the state highway system as considered necessary for the use in planning and development of the statewide highway system. The department may obtain leases for such land and office space as the department considers necessary for the performance of its duties. As used in this section, "transportation infrastructure" means infrastructure related to all modes of transportation, including highways, bridges, railroads, ferries, mass transit, airports and bicycle and pedestrian facilities, as well as all buildings, utilities, facilities and other appurtenances related to such modes. [PL 2007, c. 306, §1 (AMD).]

The department has full power to purchase all supplies, materials and equipment that are incidental to, or necessary for, project-specific construction, improvement or maintenance of transportation infrastructure. The purchase of supplies, materials and equipment for nonproject-specific purposes must be made through the Chief Procurement Officer as provided by law. For the purposes of this section, unless the context otherwise indicates, "project-specific" means relating to a specific location for a limited duration, as opposed to perennial, nonlocation-specific activities. The department may be consulted by and shall, without charge, advise municipal officers and road commissioners on the subject of construction, improvement and maintenance of public highways, bridges and other structures. The department shall whenever practicable give preference in employment to the inhabitants of the town in which such highways are located. [PL 2023, c. 516, Pt. B, §43 (AMD).]

The department may adopt its own guidelines for determining the reasonableness and permissibility of various cost factors, including, but not limited to, salary limits, benefits and expense reimbursement. Notwithstanding any other federal or state law to the contrary, the department's guidelines must be used in lieu of federally mandated provisions. [PL 2005, c. 313, §2 (RPR).]
23 M.R.S. § 1962 — ME Code / Title 23 / Part 1 / Chapter 24 / Section 1962
23 §1962. Preservation of rights
Status: in_force

No provision of this chapter may impair the rights of existing bondholders or of any other persons to whom the authority owes contractual obligations. [PL 1981, c. 595, §3 (NEW).]
23 M.R.S. § 7219 — ME Code / Title 23 / Part 7 / Chapter 617 / Section 7219
23 §7219. Report of decisions and copies to parties interested
Status: in_force

The department shall make a report in writing of its decision in all matters named in section 7218 , file the report in the department's office, and cause a copy of the decision to be sent by mail to each of the railroad corporations and to the municipal officers of the cities or towns, as the case may be, interested in the report. [PL 1989, c. 398, §8 (NEW).]
23 M.R.S. § 7207 — ME Code / Title 23 / Part 7 / Chapter 617 / Section 7207
23 §7207. Discontinuance of railroad crossings
Status: in_force

Any railroad corporation or the municipal officers of a city or town in which a public way crosses or is crossed by a railroad, whether at grade or otherwise, may file a petition in writing with the Department of Transportation alleging that the crossing is no longer required by the public and praying that it may be closed or discontinued. The department shall, on receipt of a petition, appoint a time for hearing on the petition, after notice of not less than 10 days to the petitioners, the railroad corporation owning or operating the railroad and the city or town in which the crossing is located. After the notice and hearing, if the department finds that the crossing is no longer required by the public, it may order that the crossing be closed or discontinued. The department may close or discontinue railroad crossings, after notice of not less than 10 days to the railroad and municipality, or after hearing if requested within the 10 days either by the railroad or the municipality. [PL 1989, c. 398, §8 (NEW).]
23 M.R.S. § 1908 — ME Code / Title 23 / Part 1 / Chapter 21 / Section 1908
23 §1908. Regulation of outdoor advertising
Status: in_force

No person may erect or maintain signs visible to the traveling public from a public way except as provided in this chapter. [PL 1981, c. 318, §1 (RPR).]
23 M.R.S. § 4210-C — ME Code / Title 23 / Part 5 / Chapter 410 / Section 4210-C
23 §4210-C. Marine Highway account
Status: in_force

1. Establishment of account. The department shall establish, through the Department of Administrative and Financial Services, Office of the State Controller, the Marine Highway account, referred to in this section as "the account," in the Highway Fund. [PL 2005, c. 457, Pt. GGG, §3 (NEW).]

2. Purpose of account. The purpose of the account is to allow the Highway Fund to provide support to the Maine State Ferry Service that was previously provided by the General Fund because ferries are an integral part of the highway system and carry motor vehicles and are the only method of vehicular transportation available to and from the islands. The state support to the Marine Highway account may not exceed 50% of the budgeted revenues that support the operating cost of the Maine State Ferry Service. [PL 2005, c. 664, Pt. C, §1 (AMD).]

3. Calculation. [PL 2019, c. 415, Pt. J, §1 (RP).]
23 M.R.S. § 1915 — ME Code / Title 23 / Part 1 / Chapter 21 / Section 1915
23 §1915. Compensation
Status: in_force

1. Payment of compensation. Compensation shall be paid for the removal of any sign lawfully erected as of January 1, 1978, and which is visible from the interstate or primary systems, except no compensation may be paid if such sign is exempt as provided in section 1913‑A and no compensation may be paid for the removal of signs subject to immediate removal pursuant to section 1924, subsection 3 . [PL 1981, c. 318, §4 (RPR).]

2. Procedures. The purchase, condemnation, negotiation, assessment of damage and appeal procedures must be in accordance with this section and sections 153‑A to 159 . [PL 1993, c. 536, §3 (AMD).]

3. Acceptance of federal funds. The commissioner may accept any allotment of funds by the United States, or any agency thereof, appropriated to carry out the United States Code, Title 23, section 131 and amendments thereto or replacements thereof. Any such funds will be applied to effectuate this chapter. [PL 1981, c. 318, §4 (RPR).]

4. Availability of federal funds. No sign may be required to be compensated if the federal share of the compensation to be paid under this section is not available. [PL 1981, c. 318, §4 (RPR).]

5. Removal pursuant to other law. Nothing in this section may provide compensation for the removal of signs which are lawfully removed pursuant to any other statute, regulation, ordinance or resolution of any governmental entity having jurisdiction. [PL 1981, c. 318, §4 (RPR).]

6. Maintenance of lawfully erected signs. Any sign lawfully erected as of January 1, 1978, in accordance with section 1924, subsections 1 and 2 may be maintained until removed by the commissioner under subsection 7 or by section 1916 . [PL 1981, c. 698, §101 (RPR).]

7. Removal of signs for which compensation is paid. The commissioner shall remove a sign for which compensation is to be paid under this section when title to such sign is acquired by the State pursuant to section 154 . [PL 1981, c. 318, §4 (RPR).]
23 M.R.S. § 1982 — ME Code / Title 23 / Part 1 / Chapter 24 / Section 1982
23 §1982. Confidentiality of authority records
Status: in_force

A log or record identifying the name, address or travel patterns of a patron of the turnpike, whether prepared for enforcement of authority tolls or other purposes of the authority, is for the exclusive use of the authority in the discharge of its duties under this chapter. This material is confidential and is not available to the public except that a law enforcement officer or a representative of an insurance company making a request for specific records in the course of conducting the officer's or representative's business may have access to this material to the extent and in the manner access to such material is afforded under Title 1, chapter 13, subchapter I . The authority may release accident and other incident reports to affected parties and may release information specific to a commuter pass account or commercial billing account to the holder of that account. The authority may disclose patron information, including information gathered by photo-monitoring devices, to other toll administrative agencies that are participating with the authority in multiple-facility, electronic, transportation-related collection systems. [PL 2001, c. 473, §2 (AMD).]
23 M.R.S. § 8008 — ME Code / Title 23 / Part 7 / Chapter 621 / Section 8008
23 §8008. Government agencies
Status: in_force

Any government agency may allocate money and take other actions that may aid in the implementation of this chapter. The authority may provide funds, including loans and matching grants, to government agencies in order to encourage their participation in implementing this chapter. [PL 1995, c. 374, §3 (NEW).]
23 M.R.S. § 3701 — ME Code / Title 23 / Part 3 / Chapter 315 / Section 3701
23 §3701. Defective crossings; notice to railroad of action against town
Status: in_force

In a civil action against a town for damages alleged to have occurred by reason of a defect in a railroad crossing constituting part of a highway which said town is obliged to keep in repair, the railroad company owning or occupying such crossing may be notified of the pendency of the action and take upon itself the defense of the same.
23 M.R.S. § 5167 — ME Code / Title 23 / Part 7 / Chapter 605 / Section 5167
23 §5167. Application of funds
Status: in_force

The directors shall apply the money realized from the assessments solely to the redemption of the prior mortgage until it is fully paid and then all the property, rights and interests secured by the mortgage vest in the new corporation. [PL 1987, c. 141, Pt. A, §4 (NEW).]
23 M.R.S. § 7002 — ME Code / Title 23 / Part 7 / Chapter 611 / Section 7002
23 §7002. Danger signals, where disconnected cars left on track; penalty
Status: in_force

No car disconnected from a train may be left or permitted to remain standing on the main track of any railroad, unless accompanied by danger signals, such as flagging by day and lanterns by night, placed at such distances from the obstruction on the main line of the road as will insure safety to and from moving trains. The signals shall be in the charge of and constantly attended by employees of the corporation owning or operating the road. [PL 1987, c. 141, Pt. A, §4 (NEW).]

A railroad corporation violating any provision of this section forfeits for each offense, $100 to the State, to be recovered in a civil action or by complaint and indictment; and the Attorney General shall prosecute for that violation. [PL 1987, c. 141, Pt. A, §4 (NEW).]
23 M.R.S. § 1902 — ME Code / Title 23 / Part 1 / Chapter 21 / Section 1902
23 §1902. Policy and purposes
Status: in_force

To promote the public health, safety, economic development and other aspects of the general welfare, it is in the public interest to provide tourists and travelers with information and guidance concerning public accommodations, facilities, commercial services and other businesses and points of scenic, cultural, historic, educational, recreational and religious interest. To provide this information and guidance, it is the policy of the State and the purpose of this chapter to: [PL 1981, c. 318, §1 (RPR).]

1. Official information centers; signs. Establish and maintain official information centers and a system of official business directional signs; [PL 1981, c. 318, §1 (RPR).]

2. Information publications. Provide official directories, guidebooks, maps and other tourist and traveler information publications; [PL 1981, c. 318, §1 (RPR).]

3. Control outdoor advertising. Prohibit and control the indiscriminate use of outdoor advertising; [PL 2013, c. 529, §1 (AMD).]

4. Protection of scenic beauty. Enhance and protect the natural scenic beauty of the State; and [PL 2013, c. 529, §1 (AMD).]

5. Preserve public safety. Ensure that signs are erected in substantial compliance with national standards. [PL 2013, c. 529, §2 (NEW).]
23 M.R.S. § 6006 — ME Code / Title 23 / Part 7 / Chapter 607 / Section 6006
23 §6006. Branch tracks
Status: in_force

Any railroad corporation may locate, construct and maintain branch railroad tracks to any railroad station of another corporation or to connect with another railroad or to any mills, mines, quarries, gravel pits, log landing or yard, warehouses and storehouses, airports, piers, docks, shipyards, educational institutions or manufacturing establishments erected, or in process of erection, in any town or township through which the main line of that railroad is constructed, but not within any city without the consent of the city government and for that purpose the corporation shall have all the powers and rights granted and be subject to all the duties imposed upon it by its charter. [PL 1987, c. 141, Pt. A, §4 (NEW).]
23 M.R.S. § 244-C — ME Code / Title 23 / Part 1 / Chapter 3 / Section 244-C
23 §244-C. Assurance of availability of housing
Status: in_force

1. Expenditures for replacement dwellings. If a program or project undertaken by the department cannot proceed on a timely basis because comparable replacement dwellings are not available, and the department determines that those dwellings cannot otherwise be made available, the department may take such action as is necessary or appropriate to provide dwellings by use of funds authorized for the project. The department may use this section to exceed the maximum amounts which may be paid under sections 244‑A and 244‑B on a case-by-case basis for good cause as determined in accordance with guidelines that the department issues. [PL 1989, c. 208, §§16, 21 (NEW).]

2. Availability required. No person may be required to move from a dwelling because of any program or project undertaken by the department unless the department is satisfied that comparable replacement housing is available to that person. [PL 1989, c. 208, §§16, 21 (NEW).]

3. Exceptions. The department shall assure that a person shall not be required to move from a dwelling unless the person has had a reasonable opportunity to relocate to a comparable replacement dwelling, except in the case of: A. A major disaster as defined in the United States Disaster Relief Act of 1974, Section 102(2); [PL 1989, c. 208, §§16, 21 (NEW).] B. A national emergency declared by the President of the United States; or [PL 1989, c. 208, §§16, 21 (NEW).] C. Any other emergency which requires the person to move immediately from the dwelling because continued occupancy of that dwelling by that person constitutes a substantial danger to the health or safety of that person. [PL 1989, c. 208, §§16, 21 (NEW).] [PL 1989, c. 208, §§16, 21 (NEW).]
23 M.R.S. § 612 — ME Code / Title 23 / Part 1 / Chapter 10 / Section 612
23 §612. Authority of Department of Transportation
Status: in_force

The Department of Transportation is authorized to construct bikeways within the existing rights-of-way of any state or state-aid highway. The department may also acquire additional rights-of-way adjacent to existing highway rights-of-way for the construction of bikeways. Such construction and acquisition of rights-of-way shall be accomplished in the same manner provided in this Title for highways. [PL 1975, c. 615 (NEW).]

The Department of Transportation shall consider development of bikeways when developing capital improvement programs. [PL 1975, c. 615 (NEW).]
23 M.R.S. § 2065 — ME Code / Title 23 / Part 2 / Chapter 203 / Section 2065
23 §2065. Judgment on appeal
Status: in_force

If the judgment of the commissioners in favor of laying out, grading or altering a way, as prayed for, is wholly reversed on appeal, they shall proceed no further. In all cases when the judgment of the commissioners is reversed on appeal, no petition praying substantially for the same thing shall be entertained by them for 2 years thereafter. If their judgment is affirmed in whole or in part, they shall carry into effect the judgment of the appellate court. In all cases they shall carry into full effect the judgment of the appellate court in the same manner as if made by themselves. The party appealing or prosecuting shall pay the costs incurred since the appeal, if so adjudged by the appellate court, which may allow costs in such cases to the prevailing party, to be paid out of the county treasury. The committee provided for in section 2064 shall be allowed a reasonable compensation for their services, to be fixed by the court upon the presentation of their report and paid from the county treasury upon the certificate of the clerk of courts. The costs allowed the prevailing party and the fees of the committee shall be collected as provided in section 2053 . This section shall not apply to any case where the judgment has been reversed on account of informality in the proceedings.
23 M.R.S. § 4001 — ME Code / Title 23 / Part 4 / Chapter 401 / Section 4001
23 §4001. Hearing
Status: in_force

The county commissioners, on petition as provided in section 2051 , may lay out, alter or discontinue a highway on any tract of land in their county not within any town or plantation required to raise money to make and repair highways. [PL 1983, c. 471, §2 (AMD).]

If the county commissioners think that there ought to be a hearing, they shall cause notice to be given of the time and place appointed therefor, by service of an attested copy of the petition with their order thereon, upon the Department of Transportation and upon the owners of such lands, if known, 14 days before that time, and if unknown, by a publication thereof in any paper published in the county, or in the state paper if no paper is published in the county, for 6 successive weeks, the last, 30 days before that time. The names of the petitioners shall be printed by giving the name of the first signer and signifying how many others signed, as "John Doe and 20 others." No proceedings shall take place until it is proved that such notice has been given. [PL 1971, c. 593, §22 (AMD).]

After hearing the parties at the time and place appointed, they may proceed as provided in section 2054 .
23 M.R.S. § 3605 — ME Code / Title 23 / Part 3 / Chapter 311 / Section 3605
23 §3605. Action for collection; amount recovered
Status: in_force

If said assessments under section 3601 are not paid and said city does not proceed to collect said assessments by a sale of the lots or parcels of land upon which such assessments are made, or does not collect, or is in any manner delayed or defeated in collecting such assessments by a sale of the real estate so assessed, then the said city, in the name of said city, may maintain an action against the party so assessed for the amount of said assessment, as for money paid, laid out and expended, in any court competent to try the same, and in such action may recover the amount of such assessment with 12% interest on the same from the date of said assessment and costs.
23 M.R.S. § 7086 — ME Code / Title 23 / Part 7 / Chapter 613 / Section 7086
23 §7086. Citizens eligible as directors
Status: in_force

Whenever any city or town in the State, in its corporate capacity, holds 1/5 or more of the shares in the capital stock of any railroad incorporated by the Legislature, any citizen of the city or town, being a freeholder and resident, is eligible as a director of the railroad company. [PL 1987, c. 141, Pt. A, §4 (NEW).]
23 M.R.S. § 1912-A — ME Code / Title 23 / Part 1 / Chapter 21 / Section 1912-A
23 §1912-A. Official business directional signs on controlled access highways
Status: in_force

1. Interstate highway. Official business directional signs are not permitted within the right-of-way of the interstate highway. [PL 1993, c. 516, §2 (NEW).]

2. Permitted on certain controlled access bypasses. Official business directional signs are not permitted within the right-of-way of controlled access highways except as provided in this subsection. Official business directional signs are permitted within the right-of-way of a controlled access bypass when the controlled access bypass is part of a route, as designated by its route number, that is not a controlled access highway throughout its length. [PL 1993, c. 516, §2 (NEW).]
23 M.R.S. § 4425 — ME Code / Title 23 / Part 6 / Chapter 412 / Section 4425
23 §4425. Acquisition of land
Status: in_force

Land required for improvement to existing facilities or construction of new facilities undertaken by the Maine Port Authority or in cooperation with the Department of Transportation may be acquired for these purposes in the same manner as provided in chapter 3, subchapter III . [PL 1993, c. 649, Pt. J, §4 (AMD).]
23 M.R.S. § 2101 — ME Code / Title 23 / Part 2 / Chapter 205 / Section 2101
23 §2101. Lost or doubtful boundaries
Status: in_force

When the true boundaries of highways or town ways duly located, or of which the location is lost, or which can only be established by user, are doubtful, uncertain or lost, the county commissioners of the county wherein such highway or town way is located, upon petition of the municipal officers of the town wherein the same lies, shall, after such notice thereon as is required for the location of new ways, proceed to hear the parties, examine said highway or town way, locate and define its limits and boundaries by placing stakes on side lines at all apparent intersecting property lines and at intervals of not more than 100 feet and cause durable monuments to be erected at the angles thereof at the expense of the town wherein said highway or town way lies, make a correct return of their doings, signed by them, accompanied by an accurate plan of the way. If any real estate is damaged by said action, they shall award damages to the owner as in laying out new highways, in the case of highways to be paid by the county and in the case of town ways to be paid by the town. Their return, made at the next regular statute session after the hearing, shall be placed on file and the case shall be continued to await a final decision respecting damages. Sections 2055 and 2056 shall be applicable to appeals for increase of damages under this section. Said municipal officers shall maintain all highway or town way monuments and replace them forthwith when destroyed. If any appeal for increase of damages is taken and the commissioners are of opinion that their proceedings or any part thereof ought not to take effect, they shall enter a judgment that the prayer of the original petitioners or any part thereof, designating what part, is not granted for that reason. Upon such judgment no damages shall be allowed for that part of the prayer of the petitioners not granted, but the costs shall be paid by the county.
23 M.R.S. § 7201 — ME Code / Title 23 / Part 7 / Chapter 617 / Section 7201
23 §7201. Land taken from railroad; notice and hearing
Status: in_force

No town way, city street, public easement or highway taking land of any railroad corporation shall be located, unless a notice of the time and place of the hearing on the location has been served on the president, any vice-president, any director, the treasurer or any assistant treasurer, the general manager or the clerk of the corporation at least 7 days before the time for the hearing. In case a corporation has no officer within the State, service shall be made on its duly authorized agent or attorney within the State. Service in like manner shall be made on any corporation which operates a railroad of another corporation under lease or other agreement. [PL 1989, c. 398, §8 (NEW).]
23 M.R.S. § 7215 — ME Code / Title 23 / Part 7 / Chapter 617 / Section 7215
23 §7215. Failure to comply; damages
Status: in_force

For unnecessarily neglecting to comply with any provision of section 7214 , the corporation forfeits not more than $500. The corporation is liable for damages for its neglect to comply with these provisions, or for the neglect of any agent or for the mismanagement of an engine, to be recovered in a civil action by the person damaged by the neglect. [PL 1989, c. 398, §8 (NEW).]
23 M.R.S. § 2056 — ME Code / Title 23 / Part 2 / Chapter 203 / Section 2056
23 §2056. Damages; increase
Status: in_force

When a notice of appeal for increase of damages is presented within the time allowed, the case shall be further continued until a final decision respecting damages is made. If the county commissioners then are of opinion that their proceedings, or any part thereof, ought not to take effect, subject to such damages as have been assessed, they shall enter a judgment that the prayer of the petitioners or any part thereof, designating what part, is not granted for that reason. Upon such judgment no damages shall be allowed for that part of the prayer of the petitioners not granted, but the costs shall be paid by the county; or if of opinion that such increase of damages should prevent a confirmation of a part or parts only of their proceedings, they shall designate such part or parts, and enter judgment accordingly; and the whole proceedings shall be recorded and become effectual. This section shall not apply when a location has been determined by a committee of the Superior Court upon appeal from the decision of the county commissioners thereon. In such case, proceedings regarding the location shall become effectual as if no appeal for increase of damages had been taken.
23 M.R.S. § 1974 — ME Code / Title 23 / Part 1 / Chapter 24 / Section 1974
23 §1974. Use of turnpike revenues
Status: in_force

1. Expenditures. Expenditure of all tolls collected from the Maine Turnpike toll facilities and all other revenues derived from the turnpike operations after the effective date of this chapter shall be limited to the following purposes: A. Maintenance, repair and operation of the turnpike and the establishment of reserves required therefor including, without limitations, reserves required or permitted by the resolutions authorizing the issuance of bonds or by the trust indentures relating to those bonds, and including any costs specially incurred by the Department of Transportation or any other state agency in connection with the operation of the turnpike; [PL 1981, c. 595, §3 (NEW).] B. Payment of the cost of any debt incurred by the authority, including, but not limited to, payment of interest and principal on any bonds issued by the authority and payment into any sinking funds required by subsection 2 ; [PL 1981, c. 595, §3 (NEW).] C. Construction or reconstruction to improve the turnpike to meet greater traffic demands or improve safety of operation, including reserves therefor, as authorized in paragraph E , except that the traveled way shall not be widened or expanded beyond the limits set forth in section 1965, subsection 1, paragraph D without the express approval of the Legislature; [PL 1987, c. 457, §6 (AMD).] D. Maintenance, construction or reconstruction of access roads, or portions thereof, where the authority has made the determinations required by subsection 4 ; [PL 1981, c. 595, §3 (NEW).] E. Payments to reserve or sinking funds established by the authority to meet anticipated future costs of constructing or reconstructing designated interchanges or portions thereof submitted by the department, or to accomplish other designated purposes for which the authority is authorized to issue bonds, provided that the funding for those projects financed from reserves, together with the estimated future costs thereof, have been approved by the authority; [PL 1987, c. 457, §6 (AMD).] F. Repayment to the Federal Government for grants or loans that were used in connection with the construction or reconstruction of any portion of the turnpike or of any interconnecting access roads, but only to the extent that the repayment is required in order for the authority to maintain or establish tolls on the turnpike; and [PL 1993, c. 410, Pt. MM, §9 (AMD).] G. Payment or repayment to the Federal Government or any agency of the Federal Government of any charges, taxes or other payments required by law in connection with the construction, reconstruction or operation of the turnpike or the financing or refinancing of the turnpike or any part of the turnpike. [PL 1987, c. 457, §7 (NEW).] [PL 1993, c. 410, Pt. MM, §9 (AMD).]

2. Sinking fund for payment of bonds. The tolls and all other revenues derived from the turnpike, except such part thereof as may be required to pay the cost of maintaining, repairing and operating the turnpike and to provide such reserves therefor as may be provided for in a resolution authorizing the issuance of the bonds or in the related trust indenture or loan or other security agreement, shall be set aside at such regular intervals as may be provided in the resolution or trust indenture or loan or other security agreement, in a sinking fund which is pledged to, and charged with, the payment of: A. The interest upon those bonds as that interest falls due; [PL 1981, c. 595, §3 (NEW).] B. The principal of the bonds as that principal falls due; [PL 1981, c. 595, §3 (NEW).] C. The necessary fiscal agency charges for paying principal and interest; and [PL 1981, c. 595, §3 (NEW).] D. Any premiums upon bonds retired by call or purchase as provided in this subsection. [PL 1981, c. 595, §3 (NEW).] The use and disposition of the sinking fund shall be subject to such rules as may be provided in the resolution authorizing the issuance of bonds or in the related trust indenture or loan or other security agreement, but, except as may otherwise be provided in that resolution or trust indenture or loan or other security agreement, the sinking fund shall be a fund for the benefit of all bonds issued under this subsection without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of bonds or of the trust indenture or loan or other security agreement, any moneys in the sinking fund in excess of an amount equal to one year's interest on all bonds then outstanding may be applied to the purchase or redemption of bonds. All bonds so purchased or redeemed shall immediately be canceled and shall not again be issued. [PL 1981, c. 595, §3 (NEW).]

3. Revenues for additional interchanges. [PL 2015, c. 5, §8 (RP).]

4. Revenues for access roads and the state highway system. [PL 1993, c. 680, Pt. A, §26 (RP).]

5. Payment for State Police services on the Maine Turnpike. Payment for State Police services on the Maine Turnpike shall be as follows. A. The authority shall assume all costs incurred by the State Police in enforcing the rules of the authority, and in providing for the safety of the public traveling on the turnpike, provided that the authority has authorized the provision of those services by the State Police, and provided also that the services of any State Police personnel whose costs are so assumed shall be utilized only for turnpike-related activities, except in the event of emergency. [PL 1981, c. 595, §3 (NEW).] B. The Chief of the State Police shall submit monthly statements of costs incurred in connection with the turnpike, and the authority shall pay the amount of those costs to the Treasurer of State within 20 days of receipt of the monthly statement. The Treasurer of State shall credit those payments proportionately to the Highway Fund and the General Fund. [PL 1981, c. 595, §3 (NEW).] C. Prior to December 1st of each year, the Chief of the State Police shall file a report with the authority containing the following information with respect to the level of State Police services required in the following fiscal year to adequately enforce the rules of the authority and to adequately provide for the safety of the public traveling on the turnpike: (1) The estimated level of personnel required for turnpike duty calculated according to the assignment of that personnel by shift; (2) Monthly and annual estimates of the cost of personnel required for turnpike duty; (3) The estimated number of vehicles and amount of equipment required for turnpike duty, including a schedule of anticipated replacement needs; (4) Annual estimates of the cost of vehicles and equipment required for turnpike duty; and (5) Any other information which will aid the authority in determining the required level of State Police services and the cost thereof. [PL 1981, c. 595, §3 (NEW).] D. The authority shall review the information provided in the annual report of the Chief of the State Police and shall authorize the provision of such patrol and other services as it shall deem necessary to enforce its rules and to provide for the safety of the public traveling on the turnpike. [PL 1981, c. 595, §3 (NEW).] [PL 1981, c. 595, §3 (NEW).]

6. Revenues to secure special obligation bonds for department projects; determination of project eligibility for funding. Subject to the terms and conditions of this chapter, the authority may authorize turnpike revenues to be transferred to a trustee or agent designated by the authority and that trustee or agent shall hold these revenues in trust to secure or to be applied to the payment of obligations issued pursuant to section 1968, subsection 2-A and as provided for in a resolution authorizing the issuance of these bonds or in a related trust indenture or loan or other security agreement. The Department of Transportation shall provide the authority with a list of proposed department projects and any other information requested by the authority and relating to a project on the list. The Department of Transportation and the authority shall determine department projects that are eligible for funding with proceeds from bonds authorized by section 1968, subsection 2-A . In making this determination, the department and the authority may consider the following factors: A. The existing access roads and the state highway system; [PL 1995, c. 504, Pt. C, §7 (NEW).] B. The traffic impact of the maintenance, construction or reconstruction on the existing road network; [PL 1995, c. 504, Pt. C, §7 (NEW).] C. The total cost of the state highway system; [PL 1995, c. 504, Pt. C, §7 (NEW).] D. The probable change in departmental expenditures resulting from maintenance, construction or reconstruction of the project; [PL 1995, c. 504, Pt. C, §7 (NEW).] E. The relative number of vehicles using or expected to use the project on the way to or from the turnpike; [PL 1995, c. 504, Pt. C, §7 (NEW).] F. The road distance or average road distance of the project or portions of the project from the nearest entrance to or exit from the turnpike; [PL 1995, c. 504, Pt. C, §7 (NEW).] G. The effect that maintenance, construction or reconstruction will have on the flow of traffic to, from and on the turnpike and in diverting vehicular traffic off or away from the turnpike; [PL 1995, c. 504, Pt. C, §7 (NEW).] H. The proportionate usage of the state highway system by vehicles using the turnpike and vehicles not using the turnpike; [PL 1995, c. 504, Pt. C, §7 (NEW).] I. Vehicle classification and travel characteristics; [PL 1995, c. 504, Pt. C, §7 (NEW).] J. Origins and destinations of trips; [PL 1995, c. 504, Pt. C, §7 (NEW).] K. Fuel type and consumption; [PL 1995, c. 504, Pt. C, §7 (NEW).] L. Existing sources of revenue; and [PL 1995, c. 504, Pt. C, §7 (NEW).] M. Any other factors considered relevant, including, but not limited to, expert opinion. [PL 1995, c. 504, Pt. C, §7 (NEW).] [PL 2011, c. 302, §15 (AMD).]
23 M.R.S. § 1653 — ME Code / Title 23 / Part 1 / Chapter 19 / Section 1653
23 §1653. Limitation on use of fund
Status: in_force

All revenue received by the State from the registration of motor vehicles and the licensing of operators thereof, from the tax imposed on internal combustion engine fuel, from fines, forfeitures and costs accruing to the State under Title 29-A, section 2602 , and from permits granted by the department to open highways must be segregated, allocated to and become part of the General Highway Fund created and existing by statute, and after payment and deduction from such fund of such sums as are necessary to meet all provisions of bond issues for state highway and bridge construction, the remainder of such fund must be apportioned and expended solely: [PL 1995, c. 65, Pt. A, §62 (AMD); PL 1995, c. 65, Pt. A, §153 (AFF); PL 1995, c. 65, Pt. C, §15 (AFF).]

1. Registration and licensing. For the cost of registering motor vehicles and licensing the operators thereof;

2. State police. For maintenance of the State Police;

3. Administration of office. For administration of the office and duties of the department; [PL 1971, c. 593, §22 (AMD).]

4. Administration of fuel tax. For administration of the tax on internal combustion engine fuel;

5. Rebates. For payment of rebates on said tax;

6. Highways and bridges. For the improvement, construction and maintenance of highways and bridges;

7. Snow guards. For snow guards or removal as provided by statute.

Neither the General Highway Fund, nor any fund derived from direct taxation imposed for highway construction, bridge construction or the improvement and maintenance thereof, shall be diverted or expended, permanently, for any other purpose than set forth in this section, except that funds so segregated may be used for other appropriations but only those for which anticipated income has not been received and for which financial provision has been made by the Legislature and is forthcoming. The Treasurer of State is directed and authorized to reimburse the General Highway Fund by a deposit of the funds received from such aforesaid appropriations, the receipt of which has been anticipated, to the extent of the amounts temporarily diverted therefrom. Such deposits shall be made as soon as such revenues are collected. [PL 1971, c. 593, §22 (AMD).]
23 M.R.S. § 56 — ME Code / Title 23 / Part 1 / Chapter 3 / Section 56
23 §56. Officers to enforce orders regarding restricted travel; sheriffs
Status: in_force

The department may appoint any person in its employ whose special duty it shall be to enforce the statutes and orders promulgated thereunder which prohibit or restrict the passage of vehicles and trailers over ways and bridges, or designated sections thereof, under such conditions or in such manner as may cause undue damage to any such way or bridge. Every such person shall be appointed in writing by the department to serve during its pleasure and shall have the same power as sheriffs and their deputies to arrest and prosecute all persons caught violating said statutes and orders within the territorial limits designated in his appointment. He shall be entitled to the same fees as sheriffs and their deputies for like services. [PL 1971, c. 593, §22 (AMD).]
23 M.R.S. § 2702 — ME Code / Title 23 / Part 3 / Chapter 301 / Section 2702
23 §2702. Regular inspections
Status: in_force

Road commissioners shall go over the roads in their towns, or cause it to be done, in April, May, June, August, September, October and November in each year, remove the loose obstructions to the public travel and, whenever so directed by the select board, remove all shrubbery and bushes growing within the limits of highways, not planted or cultivated therein for the purpose of profit or ornamentation, having care for the proper preservation of shade trees, and repair such defects as may occur from time to time, rendering travel dangerous, or they shall give notice of such defects to the municipal officers under a penalty of $5 for neglect of such duty. [PL 2021, c. 275, §9 (AMD).]
23 M.R.S. § 2951 — ME Code / Title 23 / Part 3 / Chapter 301 / Section 2951
23 §2951. Notification to county commissioners of change in highway
Status: in_force

Whenever the location of any state aid or town way that was designated as a 3rd class highway at the time that the 3rd class highway designations were rescinded is changed, added to, discontinued or a new location is established by a town or city, the municipal officers of said town or city shall notify the county commissioners of the county of which said town or city is a part of such change with an accurate description of the courses and distances, within 3 months from such action.
23 M.R.S. § 3355 — ME Code / Title 23 / Part 3 / Chapter 307 / Section 3355
23 §3355. Size of opening; filling; protection
Status: in_force

It is unlawful for any person or persons, firm, corporation or bridge or water district, having the right of opening or making excavations within the driveways of public highways in the municipality, to leave open at any time any trench or excavation of a greater length than 200 feet, except by permission of the officer granting such permit. Such person or persons, firm, corporation or bridge or water district shall fully and completely fill up such a trench to the surface of the roadway before making any further trench or excavation. The filling must be puddled or rammed as the nature of the soil may require and must be done and completed within the time designated in the permit for completing the trench or excavation. Any person or persons, firm, corporation or bridge or water district failing to comply with the requirements or infringing on the prohibitions of this section may be punished by a fine of $50 for each offense. These requirements, prohibitions and penalties may not apply to excavations in grading, building or repairing any of the public highways under the supervision of the municipal authorities. Such person or persons, firm, corporation or bridge or water district shall protect the paving on either side of the opening by the use of sheet piling or such other means as will prevent the escape of sand from underneath it. In determining the number of square yards of paving disturbed, there must be included such area of paving adjoining the trench actually opened as will, in the opinion of the road commissioner, the commissioner of public works or such officer as the municipal officers may appoint in the absence of a commissioner, be required to be taken up and relaid by reason of such failure to properly protect the same. [PL 1999, c. 337, §6 (AMD).]
23 M.R.S. § 153-B — ME Code / Title 23 / Part 1 / Chapter 3 / Section 153-B
23 §153-B. Property for highways; acquisition
Status: in_force

1. Acquisition of property. The Department of Transportation, on behalf of the State, may take over and hold for the State such property as it determines necessary to: A. Lay out and establish, construct, improve or maintain, provide a change of location or alignment of or provide drainage for state and state aid highways; [PL 1993, c. 536, §2 (NEW).] B. Provide rest areas, parking strips, roadside and landscape development for the preservation and development of natural scenic beauty; [PL 1993, c. 536, §2 (NEW).] C. Provide for the health, safety and welfare of the public using a state or state aid highway; [PL 1993, c. 536, §2 (NEW).] D. Secure materials, with necessary ways and access, for the construction, improvement and maintenance of state and state aid highways; [PL 1993, c. 536, §2 (NEW).] E. Secure the relocation, removal or disposal of automobile graveyards and junkyards not in conformity with Title 30‑A, chapter 183, subchapter I ; [PL 1993, c. 536, §2 (NEW).] F. Erect administrative, storage and operational buildings used in effecting the objectives in conformity with section 1 ; or [PL 1993, c. 536, §2 (NEW).] G. Construct, improve and maintain transportation projects as directed by law and provide mitigation for existing or potential environmental effects of transportation projects. [PL 1993, c. 536, §2 (NEW).] [PL 1993, c. 536, §2 (NEW).]

2. Survey and appraisal. When property is to be purchased or taken over and held for the State, unless the department determines that an adequate description already exists, the department shall first cause the property or interest in the property to be acquired to be surveyed and described, and a plan of the property made, and to be appraised by one or more appraisers. The owner or the owner's designated representative must be given an opportunity to accompany the appraisers during the appraiser's inspection of the property. All persons employed by the department are authorized, to the extent necessary for surveys, appraisals and preliminary engineering, to enter and cross all lands within, adjoining and adjacent to the area proposed for acquisition in carrying out the objectives of this section. The department may prescribe procedures to waive the appraisal in cases involving the acquisition by sale or donation of property or interest in property. The department may prescribe procedures to waive the appraisal in cases in which the fair market value of the property or interest in the property to be taken is estimated at $15,000 or less and valuation can be established by another method. In any case in which the department and the owner do not reach an agreement about the value of property or interest in property to be acquired, or if the owner requests, the department shall perform an appraisal. [PL 2001, c. 485, §1 (AMD).]

3. Entry; soundings, drillings and examinations. Persons employed by the department may enter upon the property or building with the consent of the owner, for the purpose of making soundings, drillings and examinations as the department determines necessary for the purpose of this subchapter. If the department is unable to obtain consent of the owner, the department is authorized to seek an administrative inspection warrant from the Superior Court for the county in which the property is located for the purpose of making soundings, drillings and examinations. The department shall file an application in Superior Court in the form of a sworn affidavit that must include: A. The statutory authority under which the department is authorized to acquire lands by eminent domain; [PL 1993, c. 536, §2 (NEW).] B. A description of the property to be examined; [PL 1993, c. 536, §2 (NEW).] C. A statement that the department has requested permission from the owner of the property to conduct an examination and that permission has been denied; and [PL 1993, c. 536, §2 (NEW).] D. A statement of the purpose for the entry and examination and the nature and scope of the activities reasonably necessary to accomplish this purpose. [PL 1993, c. 536, §2 (NEW).] [PL 1993, c. 536, §2 (NEW).]

4. Notification to potential buyer. If an owner decides to sell the property after the owner has been notified by the department that it plans to purchase or take the property, it is the responsibility of the owner to inform the potential buyer that the department intends to purchase or take the property. The department, as early in its property owner notification process as possible, shall remind the property owner of this responsibility. [PL 1993, c. 536, §2 (NEW).]
23 M.R.S. § 3271 — ME Code / Title 23 / Part 3 / Chapter 305 / Section 3271
23 §3271. Definitions
Status: in_force

As used in this subchapter, unless the context indicates otherwise, the following words have the following meanings. [PL 1987, c. 75 (NEW).]

1. Barrier. "Barrier" means any wire, cable, cable wire, chain link, lumber, gate or other similar device placed or erected across a town way for the purpose of barring access to that way. [PL 1987, c. 75 (NEW).]

2. Town way. "Town way" means an area or strip of land designated and held by a municipality for passage by motor vehicles. [PL 1987, c. 75 (NEW).]
23 M.R.S. § 3105-A — ME Code / Title 23 / Part 3 / Chapter 305 / Section 3105-A
23 §3105-A. Use of town equipment
Status: in_force

The legislative body of any town or village corporation at a legal town or village corporation meeting may authorize the municipal officers of the town or assessors of the village corporation to use the town's or village corporation's highway equipment on private ways within such town or village corporation to plow, maintain or repair those private ways to the extent directed by the legislative body and whenever such municipal officers or assessors consider it advisable in the best interest of the town or village corporation for fire and police protection. [PL 2023, c. 642, §2 (AMD).]
23 M.R.S. § 5151 — ME Code / Title 23 / Part 7 / Chapter 605 / Section 5151
23 §5151. Shares
Status: in_force

Shares in the capital of railroad corporations are personal estate and may be transferred in the same manner and with the same rights as shares in other corporations are transferred. [PL 1987, c. 141, Pt. A, §4 (NEW).]
23 M.R.S. § 2705 — ME Code / Title 23 / Part 3 / Chapter 301 / Section 2705
23 §2705. Appropriation insufficient
Status: in_force

When the amount appropriated is not sufficient to repair or maintain the ways, a road commissioner may, with the written consent of the municipal officers, pay an amount not exceeding 15% of the amount so appropriated in addition to the amount appropriated. [PL 2009, c. 7, Pt. D, §1 (AMD).]
23 M.R.S. § 5170 — ME Code / Title 23 / Part 7 / Chapter 605 / Section 5170
23 §5170. Anyone interested in subsequent mortgage may redeem
Status: in_force

If no meeting is called or it is voted not to redeem, one or more of the persons interested in the subsequent mortgage may pay to the trustees the amount required to redeem the prior mortgage, and the trustees shall redeem it accordingly and then hold it in trust for the person so paying. [PL 1987, c. 141, Pt. A, §4 (NEW).]
23 M.R.S. § 3023 — ME Code / Title 23 / Part 3 / Chapter 304 / Section 3023
23 §3023. Eminent domain
Status: in_force

A municipality may take property or interests therein for highway purposes if the municipal officers determine that public exigency requires the immediate taking of such property interests, or if the municipality is unable to purchase it at what the municipal officers deem reasonable valuation, or if title is defective. [PL 1975, c. 711, §8 (NEW).]

In municipalities where the municipal officers have the legislative power of appropriation, the municipal officers shall file with the municipal clerk a condemnation order that includes a detailed description of the property interests to be taken, which shall specify its location by metes and bounds, the name or names of the owner or owners of record so far as they can be reasonably determined and the amount of damages determined by the municipal officers to be just compensation for the property or interest therein taken. The municipal officers shall then serve upon the owner or owners of record a copy of the condemnation order and a check in the amount of the damages awarded. In the event of multiple ownership, the check may be served on any one of the owners. Title shall pass to the municipality upon service of the order of condemnation and check or upon recordation in accordance with section 3024 , whichever occurs first. [PL 1975, c. 711, §8 (NEW).]

In towns where the town meeting has the legislative power of appropriation, the municipal officers shall file the condemnation order described in the previous paragraph with the town clerk and send a copy to the owner or owners of record by registered mail. No interest shall pass to the town unless an article generally describing the property interest to be taken and stating the amount of damages to be paid has been approved by a duly called town meeting. The town meeting may not amend the article, except to increase the amount of damages to be paid. If the article is approved, a check in the amount of damages authorized shall be served immediately upon the owner or owners of record. In the event of multiple ownership, the check may be served on any one of the owners. Title shall pass to the town upon service of the check or upon recordation in accordance with section 3024, whichever occurs first. [PL 1975, c. 711, §8 (NEW).]

Unless specifically provided in the order of condemnation or unless the property or interests to be taken include land or right-of-way of a railroad corporation or a public utility, title to property taken for town ways after December 31, 1976, shall be in fee simple absolute. [PL 1975, c. 770, §98 (RPR).]

In all proceedings under this section, an award of damages by the municipal legislative body shall be considered an appropriation for that purpose. [PL 1975, c. 711, §8 (NEW).]
23 M.R.S. § 1917 — ME Code / Title 23 / Part 1 / Chapter 21 / Section 1917
23 §1917. Removal of unlawful signs
Status: in_force

1. Notice to remove. The owner of a sign that was or is unlawfully erected or maintained either prior to or after October 24, 1977 is in violation of this chapter until the sign is removed. The owner of the sign shall remove the sign within 14 days of a notice from the agency that has responsibility for the maintenance of that public way. If the identity of such owner is not known or reasonably ascertainable, such notice may instead be sent to the owner of the land on which the sign is placed. [PL 2019, c. 228, §3 (AMD).]

2. Authority to remove sign. If the owner fails to remove the sign as required, the department shall remove the sign if it is on a state or state aid highway that is not in an urban compact municipality and the governing municipality may remove the sign if it is located on a town way or state or state aid highway in an urban compact municipality at the expense of the owner without any further notice or proceeding and may recover the expense of this removal from the owner. [PL 2019, c. 228, §3 (AMD).]

3. Interpretation of chapter. Nothing in this chapter may be interpreted to alter, abridge or in any way interfere with any duty or obligation of a sign owner to remove signs that were nonconforming and illegal prior to January 1, 1975, under the United States Code, Title 23, section 131, as enacted by Public Law 89-285, 89 Congress S. 2084, the "Agreement for carrying out National Policy relative to Control of Outdoor Advertising in Areas adjacent to the National System of Interstate and Defense Highways and the Federal-Aid Primary System" dated December 27, 1967, and as amended on January 3, 1968, executed by and between the United States of America and the State of Maine, under the Maine Revised Statutes, Title 32 , former sections 2711 to 2723. The intent of this subsection is to preclude any presumption that this chapter is intended to extend the period of use of any sign that became nonconforming and illegal before January 1, 1975, under the state agreement of December 27, 1967, as amended January 3, 1968, and Title 32 , former sections 2711 to 2723. [PL 2017, c. 288, Pt. A, §30 (AMD).]

4. Compensation subject to litigation. Whenever the compensation to be paid for removal of any sign is the subject of litigation, pending the litigation such sign shall be removed as provided in subsections 1 and 2 . [PL 1981, c. 318, §4 (RPR).]

5. Summary removal of illegal signs within the public right-of-way. A sign that is erected in nonconformance with this chapter and that is within the limits of any public right-of-way is subject to immediate removal by the department if the public right-of-way is a state or state aid highway not in an urban compact municipality. The department may remove any sign on any public right-of-way for the purposes of public safety. A sign that is erected in nonconformance with this chapter and that is within the limits of a town way or a state or state aid highway in an urban compact municipality may be removed by the municipality having jurisdiction over that way or highway. [PL 2019, c. 228, §3 (AMD).]
23 M.R.S. § 654 — ME Code / Title 23 / Part 1 / Chapter 11 / Section 654
23 §654. Detour roads and signs
Status: in_force

Before a state or state-aid highway is closed due to construction, the department shall establish a practical detour route and properly sign the route at all intersections. The detour route shall be maintained in a condition adequate to serve traffic until the state or state-aid highway under construction is opened to traffic. Upon completion of the construction project all detour signs shall be removed. [PL 1989, c. 108, §1 (RPR).]
23 M.R.S. § 351 — ME Code / Title 23 / Part 1 / Chapter 9 / Section 351
23 §351. Definition of state highway
Status: in_force

For the purposes of this section and section 401 , state highways are defined to be those highways that have been and may in the future be so designated by the department, in accordance with section 53. [PL 1971, c. 593, §22 (AMD).]
23 M.R.S. § 709 — ME Code / Title 23 / Part 1 / Chapter 13 / Section 709
23 §709. Americans with Disabilities Act of 1990 compliance
Status: in_force

Whenever the Department of Transportation undertakes a project for construction or reconstruction of a public way, the owner of an aboveground facility, including but not limited to poles, guys, hydrants, transformers or other utility facilities, within that portion of the public way shall ensure that the facility meets the requirements of the Americans with Disabilities Act of 1990. Any alteration, relocation or expense necessary to meet the requirements of the Americans with Disabilities Act of 1990 is the sole responsibility of the facility owner. [PL 2021, c. 334, §1 (NEW).]
23 M.R.S. § 1612 — ME Code / Title 23 / Part 1 / Chapter 19 / Section 1612
23 §1612. GARVEE bonding authorized
Status: in_force

Notwithstanding any other provision of law, upon certification, the bank may issue from time to time GARVEE bonds for qualified transportation projects and qualified transportation project costs in such amounts as are authorized by the Legislature by a 2/3 vote in each House of the Legislature, as long as the rolling, 3-year average ratio of GARVEE bond debt service payments to federal funds received from the United States Department of Transportation, Federal Highway Administration does not exceed 15%, less the amount of capacity necessary to issue a $25,000,000 GARVEE bond for extraordinary, unprogrammed needs. Authorization by the Legislature is not required for GARVEE bonds issued to refund previously issued GARVEE bonds that have been issued with the authorization of the Legislature, if the issuance of those refunding bonds results in net present value savings and those refunding bonds have a final maturity date that is not later than the date that is 15 years after the date of issuance of the GARVEE bonds being refunded. [PL 2015, c. 268, Pt. K, §1 (AMD).]

Beginning with the budget presented for the fiscal year beginning July 1, 2009, the Department of Transportation shall present for review and approval by the Legislature as part of the Highway Fund budget the level of programmed biennial GARVEE bond financing. [PL 2007, c. 329, Pt. P, §1 (NEW).]
23 M.R.S. § 7151 — ME Code / Title 23 / Part 7 / Chapter 615 / Section 7151
23 §7151. Legislative findings; declaration of policy
Status: in_force

1. Legislative findings. The Legislature finds that safe, efficient and reliable rail service is essential to the economy of the State, the economic livelihood of industries located in the State, conservation and protection of the environment and the quality of life of the citizens of the State. The Legislature further finds that safe and efficient railroad service is essential to the State's public safety and the continued health and well-being of its citizens, particularly because of railroad transportation of bulk cargoes and hazardous and toxic substances, and the significant dangers that result from mishandling those and other cargoes. [PL 1989, c. 398, §7 (RPR).]

2. Declaration of policy. It is declared to be the policy of the State that the State and its agencies shall cooperate with the Congress of the United States and the appropriate federal agencies to assure the development and maintenance of safe, efficient and reliable rail service for the State. For any railroad line acquired under this chapter, it is the intent of the Legislature that the State may acquire the railroad line, but the State may not be an operator of the railroad. [PL 1991, c. 371 (AMD).]
23 M.R.S. § 3702 — ME Code / Title 23 / Part 3 / Chapter 315 / Section 3702
23 §3702. Liability of railroad company
Status: in_force

In such trial described in section 3701 , after notice as provided therein, if the plaintiff recovers and the jury finds specially that the damage was occasioned by the fault of such company, it shall be liable to the defendants in said action in a civil action for all damage and costs paid by them.
23 M.R.S. § 53 — ME Code / Title 23 / Part 1 / Chapter 3 / Section 53
23 §53. Classification of highways
Status: in_force

1. Classification. The department shall cause charts and maps to be made showing the location and mileage of all highways in the State, and shall classify the highways of the State, and may, from time to time, amend that classification, namely: First, state highways, which mean a system of connected main highways throughout the State which primarily serve arterial or through traffic; 2nd, state aid highways, which mean those highways not included in the system of state highways which primarily serve as collector and feeder routes connecting local service roads to the arterial state highway system; and 3rd, town ways, which mean all other highways not included in the first 2 classes, which are maintained by the towns and primarily serve as local service roads providing access to adjacent land. The criteria to be used in the classification of highways shall be considered rulemaking and subject to Title 5, chapter 375, subchapter II . [PL 1981, c. 702, Pt. Z, §1 (NEW).]

2. Maintenance, repair and upkeep. The maintenance, repair and upkeep of any and all state and state aid highways that are reclassified as towns ways pursuant to subsection 1 shall be the responsibility of the respective towns in which those ways lie and any and all rights of the State in those highways are transferred to the respective towns for those purposes. [PL 1981, c. 702, Pt. Z, §1 (NEW).]
23 M.R.S. § 357 — ME Code / Title 23 / Part 1 / Chapter 9 / Section 357
23 §357. Rules governing corrosion mitigation methods for steel bridges
Status: in_force

The Department of Transportation shall adopt rules governing corrosion mitigation methods for steel bridges wholly under the control of the State. Rules adopted pursuant to this section must include, but are not limited to, establishing processes for ensuring that corrosion mitigation activities are carried out in accordance with established corrosion mitigation standards and under the supervision of personnel who are trained and certified in corrosion mitigation methods on an appropriate substrate or surface; requiring plans to prevent environmental degradation that might result from corrosion mitigation activities; and requiring compliance with all applicable state and federal rules and regulations of the United States Environmental Protection Agency, the United States Department of Labor, Occupational Safety and Health Administration and the Department of Environmental Protection. Rules adopted pursuant to this section are not required to apply to routine maintenance work performed by employees of the Department of Transportation employees or its contractors. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2023, c. 657, §1 (NEW).]
23 M.R.S. § 8007 — ME Code / Title 23 / Part 7 / Chapter 621 / Section 8007
23 §8007. Federal funds
Status: in_force

The authority may take all actions consistent with this chapter necessary to qualify for, accept and disburse any money that the Federal Government may grant or loan to the authority to fund any actions required of the authority under the terms of this chapter. [PL 1995, c. 374, §3 (NEW).]