23 M.R.S. § 7320 — ME Code / Title 23 / Part 7 / Chapter 619 / Section 7320
23 §7320. Application for financial assistance
Status: in_force

1. Annual application and approval required. Any person, corporation, partnership or other business entity which provides railroad transportation for compensation in the State, or seeks to acquire or construct additional rail lines in the State, shall apply to the Department of Transportation for the privilege of receiving financial assistance from the State, for the year in question. Financial assistance from the State is defined as grants, loans, subsidies, tax exemptions, cost reimbursement for maintenance of railroad crossings or payments from other sources. The applicant may not receive the financial assistance unless the application is approved. [PL 1989, c. 398, §9 (NEW).]

2. Criteria. In determining approval for an application under this section, the department shall consider, among other matters: A. The need for this rail service; [PL 1989, c. 398, §9 (NEW).] B. The effect of the rail service on the health, safety and general welfare of the people of the State; and [PL 1989, c. 398, §9 (NEW).] C. For any entity which already provides railroad transportation for compensation within the State, the record of that railroad in investing within the State, maintaining track and rights-of-way within the State, use of funds from previous financial assistance from the State and the safety, reliability and efficiency of the service actually provided by that railroad within the State. [PL 1989, c. 398, §9 (NEW).] [PL 1989, c. 398, §9 (NEW).]

3. Procedure for entities seeking to acquire or construct additional rail lines. An entity seeking to acquire or construct an additional rail line or lines shall proceed in accordance with this subsection. A. The applicant shall provide notice by: (1) Publishing an accurate and understandable summary of the application in a newspaper of general circulation in each area affected by the rail service; (2) Mailing a copy of its application to all shippers which used the rail line during any of the 12 months prior to the date the application was filed, as well as those shippers who may reasonably be expected to use that line within one year from the date of application; (3) Mailing a copy of its application to the employee representatives of the employees of the railroad or who may be affected by a proposed rail service; and (4) Mailing a copy of its application to any municipality served by the rail line or in which that service may be affected. [PL 1989, c. 398, §9 (NEW).] B. After receipt of a substantially complete application and compliance by the applicant with the notice requirements of this subsection, the department shall hold a public hearing on any application covered by this subsection, in accordance with its rules. [PL 1989, c. 398, §9 (NEW).] C. Any party affected by the application has the right to intervene in a proceeding under this section. Intervention of other parties shall be granted liberally in order that a complete record may be developed. [PL 1989, c. 398, §9 (NEW).] [PL 1989, c. 398, §9 (NEW).]

4. Procedure for existing operations. An entity which intends only to continue existing operations shall proceed in accordance with this subsection. A. After receipt of a substantially complete application, the department shall provide notice of the application and opportunity for hearing on any application covered by this subsection by sending an accurate and understandable summary of the application to a newspaper of general circulation in each area affected by the rail service for publication at the applicant's expense. [PL 1989, c. 398, §9 (NEW).] B. The department may hold a public hearing on the application and shall hold a hearing when a request for a hearing shows a substantial likelihood that the application may be denied or granted with qualifications under the criteria of subsection 2 and the hearing is requested by: (1) A shipper or shippers whose traffic on the railroad line totaled 500 tons in the year preceding the application; (2) Any municipality having a siding, terminal, station or agency station of the railroad line within its bounds; or (3) A petition of 25 individuals who state that they are affected by the operation of the railroad. The hearing shall be subject to the rules of the department. [PL 1989, c. 398, §9 (NEW).] [PL 1989, c. 398, §9 (NEW).]

5. Approval. At the conclusion of the proceedings and within 30 days of the conclusion of the public hearing, if any, the department shall: A. Approve the application as filed; [PL 1989, c. 398, §9 (NEW).] B. Approve the application with conditions as the department determines necessary to assure that the investment of state funds in providing assistance for the rail service will be consistent with the public interest; or [PL 1989, c. 398, §9 (NEW).] C. Deny the application. [PL 1989, c. 398, §9 (NEW).] Approval shall be valid for a year. In the case of denial, reapplication shall be in accordance with the rules of the department. Approval may be revoked in case of noncompliance with any conditions. [PL 1989, c. 398, §9 (NEW).]

6. Temporary approval. When the commissioner determines that the public interest requires immediate financial assistance from the State to a railroad, the department may issue temporary approval for a period not to exceed 90 days without notice or hearing. [PL 1989, c. 398, §9 (NEW).]

7. Appeal. Any applicant or intervenor aggrieved by the decision of the department under subsection 5 has a right to judicial review in accordance with the Maine Administrative Procedure Act, Title 5 chapter 375, subchapter VII . [PL 1989, c. 398, §9 (NEW).]

8. Rules. The department shall promulgate rules concerning the implementation and enforcement of this section. [PL 1989, c. 398, §9 (NEW).]

9. Existing operations; temporary approval. Any operation ongoing as of the effective date of this section, as long as the ownership or management of that operation is not transferred to another entity, shall be deemed approved until March 1, 1990. [PL 1989, c. 398, §9 (NEW).]

10. Consolidation of hearings. The Department may consolidate any hearing under this section with another hearing concerning railroad service by the same entity in the same area. [PL 1989, c. 398, §9 (NEW).]
23 M.R.S. § 7107 — ME Code / Title 23 / Part 7 / Chapter 615 / Section 7107
23 §7107. Dismantling of state-owned track or other nonrail use
Status: in_force

Except as provided in this section, the Department of Transportation may not dismantle or change state-owned track for a nonrail use or contract with a state agency or private entity for the dismantling or changing of state-owned track for a nonrail use. When the department, in consultation with a regional economic planning entity and a regional transportation advisory committee established in accordance with rules adopted under section 73, subsection 4 , determines that removal of a specific length of rail owned by the State will not have a negative impact on a region or on future economic opportunities for that region, the Commissioner of Transportation shall seek review by the joint standing committee of the Legislature having jurisdiction over transportation matters prior to removal. [PL 2021, c. 239, §3 (AMD).]

The Department of Transportation may not convert a state-owned rail corridor in which the department controls the right-of-way to a nonrail recreational or nonrecreational transportation use without following the rail corridor use advisory council process established under section 75 and without legislative approval. If the Commissioner of Transportation receives a report from a rail corridor use advisory council established under section 75 that includes a recommendation of track removal or other change for nonrail use and the commissioner concurs with that recommendation, the commissioner shall seek legislative approval of the recommendation by submitting legislation to the joint standing committee of the Legislature having jurisdiction over transportation matters prior to track removal or the other change for nonrail use. Legislation submitted under this section must include language stating that any track removal or other change for nonrail use is considered interim in nature and that the rail corridor will be preserved for future rail use as provided under this chapter. [PL 2021, c. 239, §3 (NEW).]
23 M.R.S. § 72 — ME Code / Title 23 / Part 1 / Chapter 3 / Section 72
23 §72. Acceptance of Metropolitan Planning Funds
Status: in_force

The Policy Committees as established to carry out comprehensive transportation planning activities in urbanized areas are authorized to receive and administer Federal and State Transportation Planning Funds for such planning activities. Said Policy Committees may contract with various state, local and regional agencies to carry out the provisions of Section 134, Title 23, United States Code. [PL 1973, c. 671 (NEW).]
23 M.R.S. § 2005 — ME Code / Title 23 / Part 2 / Chapter 201 / Section 2005
23 §2005. Notice to Department of Transportation of change of location
Status: in_force

Whenever the location of any state, state aid or town way that was designated as a 3rd class highway at the time the 3rd class highway designations were rescinded is changed, added to, discontinued or a new location is established within a county, the county commissioners of said county shall place on file the description of such change and shall notify the Department of Transportation of such change with an accurate description of the courses and distances within 3 months from such action. Whenever the department has previous record of such action, no notification by the county commissioners to the department shall be deemed necessary. [PL 1971, c. 593, §22 (AMD).]
23 M.R.S. § 3272 — ME Code / Title 23 / Part 3 / Chapter 305 / Section 3272
23 §3272. Marked barriers
Status: in_force

The municipal officers of any municipality that erects or places a barrier across a town way shall cause the barrier to be marked in a manner that causes the barrier to be visible to a person traveling on the town way towards the barrier on a snowmobile, all-terrain vehicle, motorcycle or similar vehicle. The officers shall cause the barrier to be marked in a manner making the barrier visible at a distance that is a reasonable stopping distance. A barrier may be marked by flags, fluorescent coloring, signs or in any other manner making the barrier visible as required in this section. [PL 1987, c. 75 (NEW).]

The municipal officers shall cause barriers marked under this section to be inspected periodically to ensure that the marking remains. [PL 1987, c. 75 (NEW).]
23 M.R.S. § 3030 — ME Code / Title 23 / Part 3 / Chapter 304 / Section 3030
23 §3030. Purchase; prescription
Status: in_force

Nothing in this chapter shall be construed to abridge the authority of a municipality to acquire property or interests therein for highway purposes by purchase, or to modify the law relating to acquisition of property by a municipality through prescriptive use. [PL 1975, c. 711, §8 (NEW).]
23 M.R.S. § 4430 — ME Code / Title 23 / Part 6 / Chapter 412 / Section 4430
23 §4430. Employees
Status: in_force

1. Employees; executive director. The board of directors of the Maine Port Authority shall hire an executive director and set the compensation, fringe benefits and term and determine all other significant employment provisions regarding the executive director. The board may authorize the executive director to hire other employees necessary or desirable to fulfill its purposes, if the board approves the compensation, fringe benefits and terms and determines all other significant provisions regarding those employees. The board may also authorize the executive director to competitively procure contracts for port operations, capital planning services, engineers, construction contractors, marketing services, finance and accounting services, attorneys, inspectors and other consultants or services necessary or desirable to fulfill its purposes. [PL 2021, c. 555, §6 (AMD).]

2. Retirement. Employees of the Maine Port Authority are subject to the state retirement system provisions of Title 5, Part 20 and the state employee health insurance program under Title 5, chapter 13, subchapter 2 . The retirement accounts of state employees transferred to the authority in its capacity as an independent agency must remain in the state regular plan. New employees of the authority shall also become members of the Maine Public Employees Retirement System under the state regular plan. The authority shall make employer retirement plan contributions at the state regular plan rate. Employee retirement plan contributions are at the state regular plan rate. Authority employees are entitled to receive the same retirement health benefits as state employees. [PL 2007, c. 58, §3 (REV); PL 2007, c. 134, §5 (NEW).]

3. Fringe benefits. The accrued fringe benefits of state employees transferred to the Maine Port Authority in its capacity as an independent agency, including vacation and sick leave, health and life insurance and retirement, remain with the transferred employee. [PL 2007, c. 134, §5 (NEW).]
23 M.R.S. § 1620 — ME Code / Title 23 / Part 1 / Chapter 19 / Section 1620
23 §1620. Remedies of holders of bonds and notes
Status: in_force

In addition to all other rights or remedies set forth in Title 30-A, section 6023 , subsection 2, the trustee appointed pursuant to Title 30-A, section 6023 may, and upon written request of the holders of 25% in principal amount of all bonds then outstanding that have been issued to finance or refinance all or a portion of the costs of qualified transportation projects shall, in the trustee's or the bank's own name, by mandamus or other suit, action or proceeding at law or in equity, enforce all rights of the bondholders, including the right to require the bank to collect payments and other amounts and to collect interest and amortization payments under agreements payable to the bank and pledged to payment of the bonds adequate to carry out any agreement as to, or pledge of, those payments and other amounts and of such interest and amortization payments and to require the bank to carry out any other agreements with the bondholders and to perform its duties under this section. [PL 2007, c. 329, Pt. P, §1 (NEW).]
23 M.R.S. § 3703 — ME Code / Title 23 / Part 3 / Chapter 315 / Section 3703
23 §3703. Form of notice
Status: in_force

The notice required in section 3701 shall be by copy of the summons and complaint served upon the company at least 30 days before the action is in order for trial unless the court orders otherwise.
23 M.R.S. § 1855 — ME Code / Title 23 / Part 1 / Chapter 19 / Section 1855
23 §1855. Loans
Status: in_force

The Commissioner of Transportation shall use the state infrastructure bank to make loans to counties and municipalities, state agencies and quasi-state government agencies upon such terms as the commissioner shall determine, including secured and unsecured loans, and in connection with the secured and unsecured loans, to enter into loan agreements, subordination agreements and other agreements; accept notes and other forms of obligation to evidence the indebtedness, and mortgages, liens, pledges, assignments or other security interest to secure the indebtedness, which may be prior or subordinate to or on a parity with other indebtedness, obligations, mortgages, pledges, assignments, other security interests or liens or encumbrances, and take such actions as are appropriate to protect the security and safeguard against losses, including foreclosure and the bidding upon and purchase of property upon foreclosure or other sale. Repayments of a federal share loan may be obligated by the commissioner for any transportation purpose, including the reloaning of such repaid funds for other projects. Reloaned funds are considered state loans, not federal share loans. [PL 2013, c. 36, §10 (AMD).]

The commissioner may adopt policies and procedures for the implementation and exercise of the authority granted by this section, including policies and procedures for receiving, reviewing, evaluating and selecting projects for which financial assistance will be approved. [PL 1997, c. 395, Pt. I, §1 (NEW).]
23 M.R.S. § 2001 — ME Code / Title 23 / Part 2 / Chapter 201 / Section 2001
23 §2001. Organized plantations have same liability and powers as towns
Status: in_force

Organized plantations have like powers and are subject to like liabilities and penalties as towns, respecting ways. Their assessors have like powers and shall perform like duties as municipal officers of towns, respecting them.
23 M.R.S. § 5182 — ME Code / Title 23 / Part 7 / Chapter 605 / Section 5182
23 §5182. Succession to rights and obligations of original corporation
Status: in_force

The trustees of bondholders or other parties under contract with them operating a railroad and all corporations formed in the modes provided have the same rights, powers and obligations as the old corporation had by its charter and the general laws. All rights and privileges are subject to amendment, alteration or repeal by the Legislature and to all the general laws concerning railroads, notwithstanding anything to the contrary in the original charter. [PL 1987, c. 141, Pt. A, §4 (NEW).]
23 M.R.S. § 1806 — ME Code / Title 23 / Part 1 / Chapter 19 / Section 1806
23 §1806. State service contracts
Status: in_force

The department may enter into service contracts with municipalities to perform at cost maintenance, reconstruction or construction functions on local service roads. To the extent state manpower and equipment permits, the department shall encourage municipalities to coordinate their work on local service roads with the department. [PL 1981, c. 492, Pt. C, §26 (NEW).]
23 M.R.S. § 8111 — ME Code / Title 23 / Part 7 / Chapter 621 / Section 8111
23 §8111. Purpose
Status: in_force

The Northern New England Passenger Rail Authority, as established by Title 5, section 12004‑F, subsection 16 , is a body both corporate and politic in the State established for the general purpose of promoting passenger rail service as set forth in subchapter 1 . It is declared that the purposes of this chapter are public and that the authority must be regarded as performing a governmental function in carrying out this chapter. [PL 2005, c. 312, §7 (AMD).]
23 M.R.S. § 3451 — ME Code / Title 23 / Part 3 / Chapter 307 / Section 3451
23 §3451. Gates, bars and fences; removal permitted
Status: in_force

Any person may take down and remove gates, bars or fences upon or across any highway or town way, unless they are there to prevent the spread of infectious disease or were placed there by license of the county commissioners or municipal officers of the town. To those granting such license, a person aggrieved by such removal may apply and, on proof that such erections were made by their license, they may order them to be replaced by the person who removed them.
23 M.R.S. § 7084 — ME Code / Title 23 / Part 7 / Chapter 613 / Section 7084
23 §7084. Only one vote a year on same question
Status: in_force

Whenever a city or town has voted at any legal meeting upon any question of loaning its credit to, or taking stock in, or in any way aiding any person or corporation, the city or town shall not vote again upon the same subject, except at its annual meetings. [PL 1987, c. 141, Pt. A, §4 (NEW).]
23 M.R.S. § 7211 — ME Code / Title 23 / Part 7 / Chapter 617 / Section 7211
23 §7211. Crossing signs on each side of track; whistle and bell
Status: in_force

At every temporary crossing, established in accordance with section 7210 , boards with the words "Temporary railroad crossing, stop, look, listen" distinctly painted on each side, in letters plainly legible, shall be placed on each side line of the railroad right-of-way at the crossing, on a post or other structure, in a position as to be easily seen by persons about to cross the railroad at those places. For any crossing so established, engine bells shall be rung and engine whistles sounded, as provided in section 7214 . [PL 1989, c. 398, §8 (NEW).]
23 M.R.S. § 2952 — ME Code / Title 23 / Part 3 / Chapter 301 / Section 2952
23 §2952. Longtime buildings and fences as bounds; estoppel
Status: in_force

When buildings or fences have existed more than 20 years fronting upon any way, street, lane or land appropriated to public use, the bounds of which cannot be made certain by records or monuments, such buildings or fences shall be deemed the true bounds thereof. When the bounds can be so made certain, no time less than 40 years will justify their continuance thereon, and on indictment and conviction they may be removed. Persons owning lands beside a highway or town way on which are buildings or fences that encroach within the limits of said way may, by a writing under seal by them signed and acknowledged and recorded in the registry of deeds for the county or registry district in which the land lies, admit to the municipal officers of the town in which said way exists the true bounds or limits of said way and the extent of their wrongful occupancy thereof. Thereafter such persons, and all claiming title under or through them, shall be estopped from asserting any right to the continuance of such buildings or fences within said limits for the full term of 40 years from the date of such deed.
23 M.R.S. § 6020 — ME Code / Title 23 / Part 7 / Chapter 607 / Section 6020
23 §6020. Law posted
Status: in_force

The officers of all railroad corporations shall cause a copy of section 6019 to be posted in a conspicuous place at the several stations along the line of their roads. [PL 1987, c. 141, Pt. A, §4 (NEW).]
23 M.R.S. § 1971 — ME Code / Title 23 / Part 1 / Chapter 24 / Section 1971
23 §1971. Exemption from taxes
Status: in_force

The accomplishment by the authority of the authorized purpose stated in this chapter being for the benefit of the people of the State and for the improvement of their commerce and prosperity in which accomplishment the authority will be performing essential governmental functions, the authority shall 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 restaurants, kiosks, fuel and service facilities, leased or rented by the authority to business entities, shall be subject to taxation, and assessments shall be made against the tenant in possession based upon the value of the leasehold interest, both real and personal, nor may the authority be required to pay any tax upon its income except as may be required by the laws of the United States, and the bonds or other securities and obligations issued from the authority, their transfer and the income therefrom, including any profits made on the sale thereof, shall at all times be free from taxation within the State. [PL 1983, c. 707, §2 (AMD).]
23 M.R.S. § 6072 — ME Code / Title 23 / Part 7 / Chapter 609 / Section 6072
23 §6072. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1987, c. 141, Pt. A, §4 (NEW).]

1. Qualified person. "Qualified person" means a person who: A. Has met all the education and training requirements as outlined under former Title 25, section 2805 , first paragraph or Title 25, section 2804‑B or 2804‑C ; [PL 2009, c. 317, Pt. B, §1 (AMD).] A-1. Continues to meet all the in-service training requirements pursuant to Title 25, section 2804‑E ; and [PL 2003, c. 199, §1 (NEW).] B. Is of good moral character and has no record of conviction of a serious crime. [PL 1987, c. 141, Pt. A, §4 (NEW).] The qualification requirements of paragraph A do not apply to any individual who was employed on a full-time basis by a railroad as a police officer on October 24, 1977. [PL 2009, c. 317, Pt. B, §1 (AMD).]

2. Railroad; railroads; railway company. "Railroad," "Railroads" or "railway company" or any combination of those terms means a corporation engaged as a common carrier in the furnishing or sale of transportation by railroad, if subject to the jurisdiction of the Interstate Commerce Commission. [PL 1987, c. 141, Pt. A, §4 (NEW).]
23 M.R.S. § 3025 — ME Code / Title 23 / Part 3 / Chapter 304 / Section 3025
23 §3025. Dedication and acceptance
Status: in_force

No property or interests therein may be dedicated for highway purposes unless the owner of such property or interest has filed with the municipal officers a petition, agreement, deed, affidavit or other writing specifically describing the property or interest and its location, and stating that the owner voluntarily offers to transfer such interests to the municipality without claim for damages, or has filed in the registry of deeds an approved subdivision plot plan which describes property to be appropriated for public use. [PL 1975, c. 711, §8 (NEW).]

A municipality may accept a dedication of property or interests therein by an affirmative vote of its legislative body. [PL 1975, c. 711, §8 (NEW).]

Unless specifically provided by the municipality, title to property accepted for highway purposes after December 31, 1976 shall be in fee simple. [PL 1975, c. 711, §8 (NEW).]
23 M.R.S. § 3302 — ME Code / Title 23 / Part 3 / Chapter 307 / Section 3302
23 §3302. Failure to maintain; damages
Status: in_force

If the municipal officers of any town unreasonably neglect to cause a guidepost to be erected in their town as provided by law, they forfeit $5 for each month's neglect, to be recovered in a civil action by any person suing therefor. Plantations assessed in state or county taxes and their officers are under the same obligations and subject to the same penalties in these respects as towns.
23 M.R.S. § 4441 — ME Code / Title 23 / Part 6 / Chapter 412 / Section 4441
23 §4441. Port facility-related requirements
Status: in_force

1. Definitions. As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. A. "Offshore wind power project" has the same meaning as in Title 35‑A, section 3405, subsection 1, paragraph C . [PL 2023, c. 481, §1 (NEW).] B. "Offshore wind terminal" has the same meaning as in Title 35‑A, section 3410, subsection 1, paragraph D . [PL 2023, c. 481, §1 (NEW).] C. "Public authority" has the same meaning as in Title 26, section 1304, subsection 7 . [PL 2023, c. 481, §1 (NEW).] D. "Public work" has the same meaning as in Title 26, section 1304, subsection 8 . [PL 2023, c. 481, §1 (NEW).] [PL 2023, c. 481, §1 (NEW).]

2. Public works; offshore wind terminals; agreements. Notwithstanding Title 26, section 3601 , if an offshore wind terminal that is a public work is constructed or altered for the purpose of supporting an offshore wind power project, the public authority responsible for the construction or alteration shall require agreements that comply with 29 United States Code, Section 158(f) or Title 35‑A, section 3408, subsection 3 for all construction work. [PL 2023, c. 481, §1 (NEW).]

3. Public-private partnership; agreements. If an offshore wind power project involves a public-private partnership that includes the lease of an offshore wind terminal owned or operated by the State, including any port facility owned or operated by the Maine Port Authority, the department, authority or other agency responsible for granting the lease shall require agreements that comply with 29 United States Code, Section 158(f) or Title 35‑A, section 3408, subsection 3 as a condition of the lease for all on-site construction and fabrication of materials for the offshore wind power project. [PL 2023, c. 481, §1 (NEW).]
23 M.R.S. § 3652 — ME Code / Title 23 / Part 3 / Chapter 313 / Section 3652
23 §3652. Notice of defect; hearing on petition
Status: in_force

1. Municipal board of appeals; authority to hear petition. The legislative body of a municipality may appoint the municipal board of appeals established pursuant to Title 30‑A, section 2691 to receive a petition of a defective town way to review. [PL 2025, c. 395, §2 (NEW).]

2. Persons petitioning defective road. When a town liable to maintain a town way unreasonably neglects to keep it in repair as provided in section 3651 after one of the municipal officers has had 5 days' actual notice or knowledge of the defective condition, any 3 or more responsible persons, setting forth those facts, may petition the municipal board of appeals that has been granted authority by the legislative body pursuant to subsection 1 . The municipal board of appeals shall fix a time and place near the defective town way for a hearing on the petition and cause such notice of the hearing to be given to the town and petitioners as the board of appeals may prescribe. At the time appointed, the board of appeals shall inspect the town way that is alleged to be out of repair and hear the parties interested, and if the board of appeals adjudges the town way to be unsafe and inconvenient for travelers, motor vehicles, horses, teams and carriages, the board of appeals shall prescribe what repairs must be made, fix the time in which the town must undertake the repairs and give notice of the repairs to the municipal officers. If the board of appeals adjudges the town way to be safe and convenient based on existing roadway surface and the season of the year, the board of appeals shall dismiss the petition. [PL 2025, c. 395, §2 (NEW).]
23 M.R.S. § 1803-B — ME Code / Title 23 / Part 1 / Chapter 19 / Section 1803-B
23 §1803-B. Local Road Assistance Program
Status: in_force

1. Distribution and use of funds. Funds from the Local Road Assistance Program must be distributed to each eligible municipality, county or Indian reservation through rural road assistance and urban compact assistance funding as follows. A. Rural road assistance funds must be distributed as follows. (1) Funds are distributed at a rate of $600 per year per lane mile for all rural state aid roads and all public roads maintained by a municipality located outside urban compact areas as defined in section 754 , except that funds are distributed at a rate of $300 per year per lane mile for all seasonal public roads. (2) Funds must be used for maintenance or for capital improvements of roadway infrastructure, bridges and drainage structures. [PL 2025, c. 66, §5 (AMD).] B. Urban compact assistance funds must be distributed as follows. (1) Funds are distributed at a rate of $2,500 per year per lane mile for summer maintenance performed by municipalities on state and state aid highways in compact areas as defined in section 754 . For each lane mile beyond the 2nd lane on a highway with more than 2 lanes, funds are reimbursed at a rate of $1,250 per lane mile for summer maintenance in compact areas. Funds are distributed at a rate of $1,700 per year per lane mile for winter maintenance performed by municipalities on state highways in compact areas as defined in sections 754 and 1001 regardless of the number of lanes. Funds are distributed at a rate of $600 per year per lane mile for all other public roads maintained by a municipality and located inside a compact area, except that funds are distributed at a rate of $300 per year per lane mile for all seasonal public roads. (2) Funds must be used only for the maintenance or for capital improvement of public roads infrastructure, bridges and drainage structures. [PL 2025, c. 66, §5 (AMD).] C. [PL 2013, c. 354, Pt. I, §1 (RP); PL 2013, c. 354, Pt. I, §4 (AFF).] D. The annual funding dedicated for the Local Road Assistance Program must be 9% of the Highway Fund allocation to the Department of Transportation for general construction and maintenance of highways and bridges. Annually, by July 1st, the Commissioner of Transportation shall administratively adjust the base funding and the reimbursement rates per lane mile proportionately according to revenue available. [PL 2025, c. 9, Pt. B, §1 (AMD).] [PL 2025, c. 66, §5 (AMD).]

2. Retention of allocation for Local Road Assistance Program. Prior to apportioning funds to each municipality, the Department of Transportation shall retain sufficient funds from the allocation for the Local Road Assistance Program to ensure equitable funds are provided for roads in unorganized areas and for administration. [PL 2011, c. 652, §6 (AMD); PL 2011, c. 652, §14 (AFF).]

3. Payment of funds. The funds apportioned to each municipality must be paid by the State to the municipality before December 1st each year. [PL 2013, c. 354, Pt. I, §3 (AMD); PL 2013, c. 354, Pt. I, §4 (AFF).]

4. Limitations. [PL 1999, c. 473, Pt. D, §4 (RP).]

5. State aid minor collector capital projects. [PL 2011, c. 652, §6 (RP); PL 2011, c. 652, §14 (AFF).]

6. Municipal, county or Indian reservation administration. [PL 2011, c. 652, §6 (RP); PL 2011, c. 652, §14 (AFF).]
23 M.R.S. § 3035 — ME Code / Title 23 / Part 3 / Chapter 304 / Section 3035
23 §3035. Construction of laws
Status: in_force

Nothing in sections 3031 to 3034 may be construed to extend the period for the bringing of an action or for the doing of any other required act under any statute of limitations. Nothing in those sections may be construed to affect the nature of any right or interest which may be claimed in property to which those sections apply, or to affect the law regarding the sale, release or other disposition of such a right or interest. [PL 1987, c. 385, §2 (NEW).]

Sections 3031 to 3034 shall be liberally construed to affect the legislative purpose of enhancing the merits of title to land by eliminating the possibility of ancient claims to proposed, unaccepted, unconstructed ways that are outstanding on the record but unclaimed. [PL 1987, c. 385, §2 (NEW).]
23 M.R.S. § 3301 — ME Code / Title 23 / Part 3 / Chapter 307 / Section 3301
23 §3301. Guideposts at crossings
Status: in_force

Towns shall erect and maintain at all crossings of highways, and where one public highway enters another, guideposts and guideboards indicating the name of the next town on the route and of such other place as the municipal officers direct, with the number of miles thereto. Such guideposts and guideboards shall be of such reasonable form, height and design as the Department of Transportation may direct; and for any neglect hereof towns are subject to a fine of not less than $10 nor more than $50, to be recovered by complaint or indictment. [PL 1971, c. 593, §22 (AMD).]

The District Court shall have jurisdiction concurrent with the Superior Court. Of all fines provided for by this section, and recovered on complaint, 1/2 shall go to the prosecutor and 1/2 to the county where the town committing the offense is situated.
23 M.R.S. § 6007 — ME Code / Title 23 / Part 7 / Chapter 607 / Section 6007
23 §6007. Estimate of damages; guardian; security for costs
Status: in_force

For real estate taken pursuant to section 6002 , the owners are entitled to damages to be paid by the corporation. The corporation shall attempt to settle the amount of damages, with the consent of the owners, within 60 days from the date of the taking. If all parties do not agree on the amount of damages, they shall be estimated by the county commissioners on written application by either party. The county commissioners shall estimate the damages within one year of the date application is made. When no estimate is made within that time, the owner may maintain a civil action or have any remedy provided. The guardian of a person incapable of giving a valid conveyance whose land is taken may settle and give a valid release for damages. Persons having any interest in that land have the rights and remedies of owners to the extent of their interest. When requested by the owner, the commissioners shall require the corporation to give security for the payment of damages and costs by depositing, at its risk, with the clerk, specie, notes or obligations of a state or public corporation or other security satisfactory to the party requiring it. When entitled to it, so much of any specie so deposited shall be paid to him as will satisfy his judgment. Notes or obligations so deposited shall be delivered to the officer having a warrant of distress, to be by him sold as personal property is sold on execution, to satisfy the warrant and fees and any balance shall be paid to the treasurer of the corporation. When it neglects for more than 30 days to give the security required, the owner is entitled to the remedies by injunction. [PL 1987, c. 141, Pt. A, §4 (NEW).]
23 M.R.S. § 3151 — ME Code / Title 23 / Part 3 / Chapter 305 / Section 3151
23 §3151. Bridle paths and trails; damages
Status: in_force

Bridle paths and trails may be laid out, altered or discontinued by any town or city within such town or city on petition therefor in the same manner as is provided by law for the laying out, altering or discontinuing of town ways in a town or city streets in a city, except that no cultivated or improved land shall be taken without the consent of the owner and a 2/3 vote shall be required for the acceptance of such paths and trails by any town. All provisions now in force as to assessment of damages and appeal therefrom in cases of laying out, altering and discontinuing town ways in towns or city streets shall apply to laying out, altering and discontinuing bridle paths and trails, except that the petitioners shall have no right of appeal.
23 M.R.S. § 3351 — ME Code / Title 23 / Part 3 / Chapter 307 / Section 3351
23 §3351. Notice to owners to connect
Status: in_force

Prior to paving or substantially repairing any street or public highway, the road commissioner, the commissioner of public works or such officer as the municipal officers may appoint in the absence of a commissioner shall duly serve upon owners of property abutting on a street or highway and upon all corporations, persons, firms and bridge or water districts occupying a street or highway a notice directing owners, corporations, persons, firms and bridge or water districts to make sewer, water and conduit connections or other work as may be designated, within 60 days from date of notice. At the expiration of the time fixed and after a street has been paved or repaired, no permit may be granted to open that street for a period of 5 years, except as otherwise provided. [PL 1999, c. 337, §2 (AMD).]
23 M.R.S. § 3359 — ME Code / Title 23 / Part 3 / Chapter 307 / Section 3359
23 §3359. Minimum excavation for pavement on a concrete base
Status: in_force

Unless otherwise required in a municipal ordinance or regulation, when any excavation is made in any paved public highway and the pavement is laid on a concrete base, the excavation must have the pavement and concrete cut back on each side of the excavation ditch a distance of 8 inches, and in issuing the permits for cutting the pavement this extra width must be charged to the person applying for the permits. [PL 1999, c. 337, §10 (AMD).]
23 M.R.S. § 1603 — ME Code / Title 23 / Part 1 / Chapter 19 / Section 1603
23 §1603. Bond proceeds not for compact parts of town; exception
Status: in_force

No funds for construction derived from any bond issue shall be expended on any highway within compact portions of any town, except in towns of less than 5,000 inhabitants, such compact portions to be determined by the department. This section shall not apply when funds derived from any bond issue are used to match federal funds for highway and bridge projects constructed within such compact sections. [PL 1971, c. 593, §22 (AMD).]
23 M.R.S. § 7217 — ME Code / Title 23 / Part 7 / Chapter 617 / Section 7217
23 §7217. Plant railroads
Status: in_force

Sections 1251 , 1254 , 7202 , 7205 , 7206 and 7214 , so far as applicable, apply to plant railroads. The term "plant railroad" means a railroad of the owners of any mills, mines, quarries, gravel pits, log landings or yards, warehouses, storehouses, stock yards, bulk storage yards, airports, piers, docks, shipyards, educational institutions, power plants, gas works, petroleum tank farms or bulk stations, or other manufacturing, processing or mercantile establishments, and including state and federal institutions and developments, erected or in process of erection, which is located on land provided or acquired for the purpose by the owners, and whether operated by the owners or by state or federal government or an agency thereof or through connection with a public railroad under operating contract with it and by operation of its equipment over the plant railroad. [PL 2013, c. 36, §11 (AMD).]
23 M.R.S. § 1116 — ME Code / Title 23 / Part 1 / Chapter 13 / Section 1116
23 §1116. No expenses to be incurred until enactment of similar legislation by State of New Hampshire
Status: in_force

No work shall be done or money expended under this subchapter until similar legislation has been enacted by the State of New Hampshire. [PL 1969, c. 504, §39 (NEW).]
23 M.R.S. § 3022 — ME Code / Title 23 / Part 3 / Chapter 304 / Section 3022
23 §3022. Laying out of town ways and public easements
Status: in_force

The municipal officers may, personally or by agency, lay out, alter or widen town ways. They shall give written notice of their intentions posted at least 7 days in 2 public places in the municipality and in the vicinity of the way and shall in the notice describe the proposed way. [PL 1975, c. 711, §8 (NEW).]

The municipal officers may, upon the petition of any person, lay out, alter or widen a town way. [PL 1975, c. 711, §8 (NEW).]

The municipal officers may on petition therefor, personally or by agency, lay out a public easement for any occupant of land or for owners who have cultivated land in the municipality if the land will be connected to a town way or highway after the establishment of the public easement. [PL 1979, c. 127, §153 (RPR).]

After a public easement has been laid out, it may be taken pursuant to section 3023 . Notwithstanding any other provision of this chapter, public easements laid out under this section are limited to rights of access by foot or motor vehicle as defined in Title 29‑A, section 101, subsection 42 . [PL 1995, c. 65, Pt. A, §65 (AMD); PL 1995, c. 65, Pt. A, §153 (AFF); PL 1995, c. 65, Pt. C, §15 (AFF).]
23 M.R.S. § 3201 — ME Code / Title 23 / Part 3 / Chapter 305 / Section 3201
23 §3201. Removal required; damages
Status: in_force

When any ways are blocked or encumbered with snow, the road commissioner shall forthwith cause so much of it to be removed or trodden down as will render them passable. The town may direct the manner of doing it. In case of sudden injury to ways or bridges, he shall without delay cause them to be repaired. All damage, accruing to a person in his business or property through neglect of such road commissioner or the municipal officers of such town to so render passable ways that are blocked or encumbered with snow, within a reasonable time, may be recovered of such town by a civil action.
23 M.R.S. § 3603 — ME Code / Title 23 / Part 3 / Chapter 311 / Section 3603
23 §3603. Board of arbitration
Status: in_force

Any person not satisfied with the amount for which he is assessed under section 3601 may, within 10 days after service of the notice provided for by section 3602 in either manner therein provided, by request in writing given to the city clerk, have the assessment upon his lot or parcel of land determined by arbitration. The municipal officers shall nominate 6 persons who are residents of said city, 2 of whom selected by the applicant with a 3rd resident person selected by said 2 persons shall fix the sum to be paid by him, and the report of such referees, made to the clerk of said city and recorded by him, shall be final and binding upon all parties. Said reference shall be had and their report made to said city clerk within 30 days from the time of hearing before the municipal officers as provided in section 3601 .
23 M.R.S. § 301 — ME Code / Title 23 / Part 1 / Chapter 7 / Section 301
23 §301. Definition
Status: in_force

A controlled access highway is a highway on which, in the interest of safety and efficiency of operation, abutting property owners have no right of direct access and on which the type and location of all access connections are determined and controlled by the department. [PL 1971, c. 593, §22 (AMD).]
23 M.R.S. § 243 — ME Code / Title 23 / Part 1 / Chapter 3 / Section 243
23 §243. Relocation assistance advisory services
Status: in_force

1. Relocation assistance advisory program. Whenever the acquisition of real property for a department program or project will result in the displacement of any person, the department shall provide a relocation assistance advisory program for displaced persons which shall offer the services described in subsection 2 . If the department determines that any person occupying property immediately adjacent to the real property acquired is caused substantial economic injury because of the acquisition, the department may offer the person relocation advisory services under the program. [PL 1989, c. 208, §§11, 21 (AMD).]

2. Program to include. Each relocation assistance advisory program required by subsection 1 shall include such measures, facilities or services as may be necessary or appropriate in order to: A. Determine and make timely recommendations on the needs and preferences, if any, of displaced persons, for relocation assistance; [PL 1989, c. 208, §§11, 21 (AMD).] B. Provide current and continuing information on the availability, sales prices and rental charges of comparable replacement dwellings for displaced homeowners and tenants, and of comparable commercial properties and on suitable locations for displaced businesses and farm operations; [PL 1989, c. 208, §§11, 21 (AMD).] C. Assure that, within a reasonable period of time, prior to displacement there will be available, to the extent that can reasonably be accomplished, in areas not generally less desirable in regard to public utilities and public and commercial facilities and at rents or prices within the financial means of the families and individuals displaced, decent, safe and sanitary dwellings, equal in number to the number of and available to the displaced persons who require these dwellings and reasonably accessible to their places of employment; [PL 1989, c. 208, §§11, 21 (AMD).] D. Assist a person displaced from that person's business or farm operation in obtaining and becoming established in a suitable replacement location; [PL 1989, c. 208, §§11, 21 (AMD).] E. Supply information concerning federal, state and local programs, which may be of assistance to displaced persons, and supply technical assistance to persons in applying for assistance under these programs; and [PL 1989, c. 208, §§11, 21 (AMD).] F. Provide other advisory services to displaced persons in order to minimize hardships to such persons in adjusting to relocation. [PL 1971, c. 333, §1 (NEW).] [PL 1989, c. 208, §§11, 21 (AMD).]

3. Coordination. The department shall coordinate relocation activities with project work, and other planned or proposed federal, state or local agency actions in the community or nearby areas which may affect the efficient and effective carrying out of relocation assistance programs. [PL 1989, c. 208, §§11, 21 (AMD).]

4. Renter eligibility. Notwithstanding section 242, subsection 3, paragraph B , subparagraph(2) , in any case in which the department acquires property for a program or project, any person who occupies that property on a rental basis for a short term or for a period subject to termination when the property is needed for the program or project shall be eligible for advisory services to the extent determined by the department. [PL 1989, c. 208, §§11, 21 (NEW).]
23 M.R.S. § 57-A — ME Code / Title 23 / Part 1 / Chapter 3 / Section 57-A
23 §57-A. Acceptance of funds
Status: in_force

The Department of Transportation is authorized and empowered to accept for the State funds from one or more private parties for transportation improvement needs generated by development. Such funds must be segregated and held in an account to be used as agreed by the parties. The State and its employees are not liable to any person, corporation or entity for damages arising out of any activities or contracts or for any other service or financial commitment resulting from the implementation of this section. [PL 1991, c. 409, §1 (NEW).]
23 M.R.S. § 1 — ME Code / Title 23 / Part 1 / Chapter 1 / Section 1
23 §1. Objectives
Status: in_force

The objectives of chapters 1 to 19 are to establish a Department of Transportation; to provide for an interlocking system of state and state aid highways; to furnish state aid for county and town highways and bridges; to provide for the continuous maintenance of all highways and bridges to the improvement of which the State has contributed or shall hereafter contribute unless otherwise provided by law; to provide for the equitable distribution of the proceeds of state bonds issued for the construction of highways and bridges; and to cooperate with the Federal Government in the construction of highways and bridges. [PL 1981, c. 492, Pt. C, §1 (AMD).]
23 M.R.S. § 304 — ME Code / Title 23 / Part 1 / Chapter 7 / Section 304
23 §304. Commercial enterprises prohibited
Status: in_force

No commercial enterprise or activity shall be authorized or conducted by the department or any agency or officer of the State within or on the property or right-of-way acquired for any controlled access highway under this chapter, except that the department may permit the erection or installation of electric power, telegraph, telephone or pipe line facilities within the controlled area. [PL 1971, c. 593, §22 (AMD).]
23 M.R.S. § 566 — ME Code / Title 23 / Part 1 / Chapter 9 / Section 566
23 §566. Changes affecting responsibilities
Status: in_force

1. Changes to structures. If a structure is improved in a manner that changes a culvert or a minor span to a bridge, the responsibilities set forth in this subchapter regarding the structure do not change unless the department determines that there exists a reasonable engineering basis for the improvement and the department approves the design plans and specifications of the improvement prior to the construction. The department may approve improvements to a structure only if the improvements are made in accordance with department standards and sealed by a professional engineer licensed under Title 32, chapter 19 . After construction, the department shall inspect the structure and, if the structure is found to conform with the approved design, the department shall accept responsibility for the structure. If the inspection reveals the structure was not improved in accordance with the department-approved design, the municipality shall make any necessary corrections to the structure required by the department before the department accepts responsibility for the structure. [PL 2021, c. 201, §2 (AMD).]

2. New structures. If a municipality constructs a new bridge on a town way, the department shall assume the responsibilities set forth in this subchapter only if the department determines that there is a reasonable engineering basis for the bridge, as opposed to a minor span, and if the department approves the design and construction of the bridge prior to the construction of the bridge. The department may approve the design and construction of a bridge only if the bridge is designed in accordance with department standards and sealed by a professional engineer licensed under Title 32, chapter 19 . After construction, the department shall inspect the bridge. If the inspection reveals the bridge was not constructed in accordance with the department-approved design, the municipality shall make any necessary corrections to the bridge required by the department before the department accepts responsibility for the bridge. [PL 2021, c. 201, §3 (AMD).]

3. Changes to classification of road. If the department changes the classification of the road carried by the structure, the responsibilities regarding the structure change in accordance with this subchapter. [PL 2001, c. 314, §2 (NEW); PL 2001, c. 314, §4 (AFF).]

3-A. Proposed discontinuance of town ways; bridges. If pursuant to section 3026‑A a municipality or county proposes to discontinue a town way or public easement with a bridge, the municipality or county shall negotiate with and enter into an agreement with the department to remove the bridge or transfer ownership of the bridge to a municipality, county or state agency upon discontinuance of the town way or public easement. [PL 2017, c. 154, §2 (NEW).]

4. Changes to federal definition of bridge. If FHWA changes its definition of "bridge," the responsibilities change in accordance with this subchapter regarding structures affected by that change. [PL 2001, c. 314, §2 (NEW); PL 2001, c. 314, §4 (AFF).]

5. Special finding by commissioner. Upon application by a municipality or upon the department's initiative, the commissioner, after notice and opportunity to be heard, may alter responsibilities set forth in this subchapter upon a finding that special and unusual factual circumstances related to the structure or its location justify the alteration. [PL 2001, c. 314, §2 (NEW); PL 2001, c. 314, §4 (AFF).]
23 M.R.S. § 244 — ME Code / Title 23 / Part 1 / Chapter 3 / Section 244
23 §244. Moving and related expenses
Status: in_force

1. Payments. Whenever a program or project to be undertaken by the department will result in the displacement of any person, the department shall make a payment to any displaced person, upon proper application on forms approved by the department, for: A. Actual reasonable expenses in moving that person, that person's family, business, farm operation or other personal property; [PL 1989, c. 208, §§12, 21 (AMD).] B. Actual direct losses of tangible personal property as a result of moving or discontinuing a business or farm operation, but not to exceed an amount equal to the reasonable expenses that would have been required to relocate such property, as determined by the department; [PL 1989, c. 208, §§12, 21 (AMD).] C. Actual reasonable expenses, but not to exceed $2,500, in searching for a replacement business or farm; and [PL 2005, c. 642, §1 (AMD).] D. Actual reasonable expenses necessary to reestablish a displaced farm, nonprofit organization or small business at its new site, in accordance with criteria to be established by the department, but not to exceed the amount allowed under the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Public Law 91-646, as amended. [PL 2017, c. 295, §1 (AMD).] [PL 2017, c. 295, §1 (AMD).]

2. Fixed payments for residential displacements. Any displaced person eligible for payments under subsection 1 who is displaced from a dwelling and who elects to accept the payments authorized by this subsection in lieu of the payments authorized by subsection 1 may receive a moving expense and dislocation allowance, which shall be determined according to a schedule established by the department. [PL 1989, c. 208, §§12, 21 (AMD).]

3. Fixed payments for business or farm displacements. Any displaced person eligible for payments under subsection 1 who is displaced from that person's place of business or farm operation and who is eligible under criteria established by the department may elect to accept the payment authorized by this subsection in lieu of the payment authorized by subsection 1 . The payment consists of a fixed payment in an amount to be determined according to criteria established by the department, except that any such payment may not be less than $1,000 nor more than $100,000. A person whose sole business at the displacement dwelling is the rental of property to others does not qualify for a payment under this subsection. In the case of a business no payment may be made under this subsection unless the department is satisfied that the business: A. Cannot be relocated without a substantial loss of its existing patronage; and [PL 1989, c. 208, §§12, 21 (AMD).] B. Is not part of a commercial enterprise having more than 3 other establishments not being acquired by the department that are engaged in the same or similar business. [PL 2005, c. 642, §3 (AMD).] [PL 2005, c. 642, §3 (AMD).]
23 M.R.S. § 5156 — ME Code / Title 23 / Part 7 / Chapter 605 / Section 5156
23 §5156. Trustees taking possession have corporate powers
Status: in_force

If the bondholders so determine, the trustees shall take possession of the road and all other property covered by the mortgage and have all the rights and powers and be subject to all the obligations of the directors and corporation of the road and may prosecute and defend suits in their own name as trustees. [PL 1987, c. 141, Pt. A, §4 (NEW).]
23 M.R.S. § 1113 — ME Code / Title 23 / Part 1 / Chapter 13 / Section 1113
23 §1113. Return
Status: in_force

A return of the perambulation shall be made, describing the marks and monuments of such line and particularly describing any change of location or resetting of any monument as authorized in this subchapter, and such return shall be signed by the duly authorized representatives of both states and a copy filed with the Secretary of State. [PL 1969, c. 504, §39 (NEW).]
23 M.R.S. § 602 — ME Code / Title 23 / Part 1 / Chapter 9 / Section 602
23 §602. Finding of fact
Status: in_force

The Legislature finds that it is in the best interest of the State that bridges with historic significance be maintained or improved as necessary by the State. These bridges are of historic importance due to their unique construction combined with their antiquity. Should it become necessary to bypass any of these structures or to replace them with modern structures, the Legislature further finds that the provisions of subchapter I and subchapter IV-A shall apply. [RR 2001, c. 1, §29 (COR).]
23 M.R.S. § 951 — ME Code / Title 23 / Part 1 / Chapter 13 / Section 951
23 §951. Planting
Status: in_force

The department may cause or allow grasses, shrubs, vines and trees to be planted and maintained along state and state aid highways, to be paid for as part of the cost of construction and maintenance of highways. The department shall consult with the recognized tree board or tree warden of a municipality concerning the planting along a state or state aid highway within that municipality. For purposes of this section, a "recognized tree board" or "tree warden" means a person or persons designated as such by municipal officials and listed with the Department of Agriculture, Conservation and Forestry. In making this designation, municipal officials shall give preference to persons experienced in the area of landscaping and planting. If such persons are not available, the municipality may designate another municipal officer. [PL 2001, c. 39, §1 (AMD); PL 2011, c. 657, Pt. W, §5 (REV).]
23 M.R.S. § 8006 — ME Code / Title 23 / Part 7 / Chapter 621 / Section 8006
23 §8006. Funding
Status: in_force

The authority is directed to use any revenues it receives from the operation of the passenger rail service established pursuant to this chapter to pay the operational expenses of that passenger rail service. The authority is directed to seek and use funds necessary to pay all operational expenses of this passenger rail service that are not met by fares and other funds or revenues. For the purposes of this section, "operational expenses" include, but are not limited to, all additional capital expenses necessary to maintain the passenger rail service. [PL 2005, c. 312, §4 (AMD).]
23 M.R.S. § 5157 — ME Code / Title 23 / Part 7 / Chapter 605 / Section 5157
23 §5157. Receipts and expenditures; trustees not liable; road surrendered
Status: in_force

The trustees shall keep an accurate account of the receipts and expenditures of the road and exhibit it, on request, to any officer of the corporation or other person interested. They shall, from the receipts, keep the road, buildings and equipment in repair, furnish such new rolling stock as is necessary and the balance, after paying running expenses, shall be applied to the payment of any damages arising from misfeasance in the management of the road and after that, according to the rights of parties under the mortgage. They are not personally liable except for malfeasance or fraud. When all overdue bonds and coupons secured by the mortgage are paid, they shall surrender the road and other property to the parties entitled to them. [PL 1987, c. 141, Pt. A, §4 (NEW).]
23 M.R.S. § 6076 — ME Code / Title 23 / Part 7 / Chapter 609 / Section 6076
23 §6076. Disposition of persons arrested
Status: in_force

The keepers of jails, lockups and station houses in any county, city or town, shall receive all persons arrested by railroad police for the commission of any offense against the laws of this State, or the ordinances of any city or town, to be dealt with according to law and persons arrested shall be received by keepers of jails, lockups or station houses and those persons have the same status as other persons arrested by any other police or peace officer of this State. [PL 1987, c. 141, Pt. A, §4 (NEW).]
23 M.R.S. § 4420 — ME Code / Title 23 / Part 6 / Chapter 412 / Section 4420
23 §4420. Purpose
Status: in_force

The Maine Port Authority, as established by Title 5, section 12004‑F, subsection 8 , is a body both corporate and politic in the State established for the general purpose of acquiring, financing, constructing and operating any kind of marine port terminal facility and associated multimodal infrastructure facilities that directly support marine port operations within the State in coordination with the Department of Transportation with all the rights, privileges and powers necessary. Oil pipelines and other oil off-loading facilities are limited to sites in Portland and Searsport harbors. [PL 2021, c. 555, §1 (AMD).]

It is declared that the purposes of this chapter are public and that the authority is performing a governmental function in carrying out this chapter. [PL 1997, c. 395, Pt. J, §1 (NEW).]
23 M.R.S. § 5001 — ME Code / Title 23 / Part 7 / Chapter 601 / Section 5001
23 §5001. Definitions
Status: in_force

As used in this Part, unless the context otherwise indicates, the following terms have the following meanings. [PL 1987, c. 141, Pt. A, §4 (NEW).]

1. Railroad. "Railroad" includes every commercial, interurban and other railway and each and every branch and extension thereof by whatsoever power operated, together with all tracks, bridges, trestles, rights-of-way, subways, tunnels, stations, depots, union depots, ferries, yards, grounds, terminals, terminal facilities, structures and equipment and all other real estate, fixtures and personal property of every kind used in connection therewith, owned, controlled, operated or managed for public use in the transportation of persons or property. [PL 1987, c. 141, Pt. A, §4 (NEW).]

1-A. Off-system railroad. "Off-system railroad" includes any railroad not connected to the national rail system and not regulated by the Federal Railroad Administration or its successors. [PL 1993, c. 67, §1 (NEW).]

2. Railroad company. "Railroad company" includes every corporation or person, their lessees, trustees, receivers or trustees appointed by any court owning, controlling, operating or managing any railroad for compensation within this State. [PL 1987, c. 141, Pt. A, §4 (NEW).]

3. Steam railroad or steam railroad company. "Steam railroad" or "steam railroad company" means any railroad or terminal company, however chartered, using steam as its motive power or using Diesel engines; and the term "electric railroad" or "electric railroad company" means any railroad or terminal company using electricity as its motive power. [PL 1987, c. 141, Pt. A, §4 (NEW).]

4. Transportation of persons. "Transportation of persons" includes every service in connection with or incidental to the safety, comfort and convenience of the person transported and the receipt, carriage and delivery for that person and his baggage. [PL 1987, c. 141, Pt. A, §4 (NEW).]

5. Transportation of property. "Transportation of property" includes every service in connection with or incidental to the transportation of property, including in particular its receipt, delivery, elevation, transfer, switching, carriage, ventilation, refrigeration, icing, dunnage, storage and handling, and the transmission of credit by express or telegraph companies. [PL 1987, c. 141, Pt. A, §4 (NEW).]
23 M.R.S. § 5121 — ME Code / Title 23 / Part 7 / Chapter 605 / Section 5121
23 §5121. Fares and tolls established
Status: in_force

Any railroad corporation may establish and collect for its sole benefit, fares, tolls and charges upon all passengers and property conveyed and transported on its railroad, at such rates as may be determined by the directors of the railroad corporation and shall have a lien on its freight therefor, and may from time to time regulate by its directors the use of its road. The rates of fares, tolls, charges and regulations are at all times subject to alteration by the Legislature or by such officers or persons as the Legislature may appoint for the purpose, anything in the charter of the corporation to the contrary notwithstanding. [PL 1987, c. 141, Pt. A, §4 (NEW).]
23 M.R.S. § 8009 — ME Code / Title 23 / Part 7 / Chapter 621 / Section 8009
23 §8009. Reasonable fares
Status: in_force

Fares for the passenger rail service established pursuant to this chapter must be set at reasonable levels to encourage use of this service. [PL 1995, c. 374, §3 (NEW).]
23 M.R.S. § 7234 — ME Code / Title 23 / Part 7 / Chapter 617 / Section 7234
23 §7234. Trees near railroad crossings
Status: in_force

Whenever the Department of Transportation deems that trees, bushes or other encroachments within the limits of a public way obstruct the view at railroad crossings or where one public way enters another and thereby renders the way dangerous to travelers, it shall cause the removal of the obstructions. [PL 1989, c. 398, §8 (NEW).]
23 M.R.S. § 6071 — ME Code / Title 23 / Part 7 / Chapter 609 / Section 6071
23 §6071. Short title
Status: in_force

This chapter shall be known and may be cited as the "Maine State Railroad Police Act." [PL 1987, c. 141, Pt. A, §4 (NEW).]
23 M.R.S. § 4427 — ME Code / Title 23 / Part 6 / Chapter 412 / Section 4427
23 §4427. Environmental laws
Status: in_force

Facilities acquired, constructed, operated or maintained under this subchapter, and land upon which the facilities are located is subject to such of the environmental laws of the State as would be applicable to private enterprise were the facilities owned or operated by the private sector and further providing that the Department of Transportation and the Maine Port Authority, its successors or assigns, are subject to Title 38, chapter 3, subchapter II-A. [PL 1981, c. 456, Pt. A, §88 (NEW).]
23 M.R.S. § 6004 — ME Code / Title 23 / Part 7 / Chapter 607 / Section 6004
23 §6004. Land taken for change
Status: in_force

Any railroad corporation may purchase, or take and hold as for public uses, land and materials necessary for making any changes authorized by section 6003 , in the manner authorized by its charter or the general provisions of law and may cross highways and town ways in accordance with the law regulating those crossings. [PL 1987, c. 141, Pt. A, §4 (NEW).]
23 M.R.S. § 1913-A — ME Code / Title 23 / Part 1 / Chapter 21 / Section 1913-A
23 §1913-A. Categorical signs
Status: in_force

1. Signs within the public right-of-way. The following signs may be erected and maintained within the public right-of-way without license or permit as long as they conform to applicable provisions of this Title and rules adopted pursuant to this Title: A. Signs bearing noncommercial messages erected by a duly constituted governmental body, a soil and water conservation district or a regional planning district; [PL 2015, c. 403, §4 (AMD).] B. Signs located on or in the rolling stock of common carriers, except those that are determined by the commissioner to be circumventing the intent of this chapter. Circumvention includes, but is not limited to, signs that are continuously in the same location or signs that extend beyond the height, width or length of the vehicle; [PL 2013, c. 529, §8 (AMD).] C. Signs on registered and inspected motor vehicles, except those that are determined by the commissioner to be circumventing the intent of this chapter. Circumvention includes, but is not limited to, signs that are continuously in the same location or signs that extend beyond the height, width or length of the vehicle; [PL 2013, c. 529, §8 (AMD).] D. Signs with an area of not more than 260 square inches identifying stops or fare zone limits of motor buses; [PL 2013, c. 529, §8 (AMD).] E. [PL 2015, c. 403, §4 (RP).] F. [PL 2015, c. 403, §4 (RP).] G. Hand-held signs not affixed to the ground or buildings; [PL 2015, c. 403, §4 (AMD).] H. [PL 2015, c. 403, §4 (RP).] I. Adopt-A-Highway Program signs allowed under section 1117 ; and [PL 2015, c. 403, §4 (AMD).] J. [PL 2015, c. 403, §4 (RP).] K. [PL 2015, c. 403, §4 (RP).] L. Temporary signs placed within the public right-of-way for a maximum of 12 weeks per calendar year, except that a temporary sign may not be placed within the public right-of-way for more than 6 weeks from January 1st to June 30th or for more than 6 weeks from July 1st to December 31st. A temporary sign may not be placed within 30 feet of another temporary sign bearing the same or substantially the same message. A temporary sign may not exceed 4 feet by 8 feet in size. A sign under this paragraph must include or be marked with the name and address of the individual, entity or organization that placed the sign within the public right-of-way and the date the sign was erected within the public right-of-way. [PL 2019, c. 594, §1 (AMD).] [PL 2019, c. 594, §1 (AMD).]

2. Types of signs outside the right-of-way. [PL 2015, c. 403, §4 (RP).]

2-A. Signs outside the public right-of-way. Except as provided in section 1914 , a sign may be erected and maintained outside the public right-of-way as long as it does not exceed 50 square feet in size. [PL 2015, c. 403, §4 (NEW).]

3. Regulations. [PL 2013, c. 529, §8 (RP).]

4. Zones. [PL 2015, c. 403, §4 (RP).]

5. Prohibited practices. None of the signs referred to in this section may be painted or drawn upon a rock or other natural feature or erected or maintained on: A. A traffic control sign or device; [PL 2019, c. 228, §2 (NEW).] B. A public utility pole or fixture; [PL 2019, c. 228, §2 (NEW).] C. A rotary traffic island; [PL 2019, c. 228, §2 (NEW).] D. A tree in a public right-of-way; [PL 2019, c. 228, §2 (NEW).] E. A control-of-access area; or [PL 2019, c. 228, §2 (NEW).] F. A median less than 6 feet wide. [PL 2019, c. 228, §2 (NEW).] [PL 2019, c. 228, §2 (RPR).]

6. Interstate system. None of the signs referred to in this section, other than signs conforming with subsection 1, paragraphs B and C and logo signs erected pursuant to section 1912‑B , may be located within the right-of-way limits of the interstate system or within 660 feet of the nearest edge of the interstate system and erected in such a fashion that the message may be read from the interstate highway. [PL 1995, c. 416, §2 (AMD).]
23 M.R.S. § 4210-F — ME Code / Title 23 / Part 5 / Chapter 410 / Section 4210-F
23 §4210-F. Industrial Drive Facility Fund account
Status: in_force

1. Industrial Drive Facility Fund account established. There is established in the department, through the Office of the State Controller, the Industrial Drive Facility Fund account, referred to in this section as "the account." The account is an internal service fund and is under the control of the commissioner. The account is a continuing fund, and funds in the account do not lapse but must be carried forward from year to year. The Treasurer of State shall credit interest earned to the fund. The funds deposited in the account include, but are not limited to, appropriations and allocations made to the account, funds transferred to the account from within the department, funds received from fees charged to state departments and agencies for the use of the department's facility located on Industrial Drive in the City of Augusta or for the services of that facility and earnings by the account from the Treasurer of State's pool. [PL 2015, c. 268, Pt. I, §1 (NEW).]

2. Use of funds. The funds deposited into and disbursed from the account must be used for the purposes of purchasing, operating, maintaining, improving and repairing the facility described in subsection 1 . [PL 2015, c. 268, Pt. I, §1 (NEW).]
23 M.R.S. § 4210 — ME Code / Title 23 / Part 5 / Chapter 410 / Section 4210
23 §4210. Transportation Facilities Fund
Status: in_force

1. Fund established. The Transportation Facilities Fund, referred to in this section as the "fund," is established as a nonlapsing fund through the Department of Administrative and Financial Services, Office of the State Controller as an internal service fund administered by the Department of Transportation. [PL 2001, c. 83, Pt. C, §1 (NEW); PL 2003, c. 600, §4 (REV).]

2. Fund services. Money deposited in the fund may include, but is not limited to, money transferred to the account from within the department, money received from the units within the department using the rental spaces provided by the fund and earnings by the fund from the Treasurer of State's cash pool. [PL 2001, c. 83, Pt. C, §1 (NEW).]

3. Distribution from fund. Money distributed from the fund may be used for the purpose of purchasing, operating, maintaining, improving, repairing, constructing and managing buildings, including permanent storage facilities, garages and field office buildings, except for buildings and facilities under the supervision of the Department of Administrative and Financial Services, Bureau of General Services. [PL 2001, c. 83, Pt. C, §1 (NEW).]

4. Leased space. Use of the fund in order to lease space to the operating units of the department must comply with the rate schedule approved by the commissioner. Lease payments must provide for repair costs, operating costs, necessary capital investment, working capital for the fund and must be developed and levied in accordance with the provisions of Federal Office of Management and Budget Circular A-87 or its successor document. [PL 2001, c. 83, Pt. C, §1 (NEW).]

5. Budget. Upon recommendation of the State Budget Officer and approval by the Governor, prior legislatively authorized budgets within the department may be realigned to ensure adequate funding for projected lease payments. Within 10 days of any realignment of a prior legislatively authorized budget, the commissioner shall submit a written report that details the realignments to the joint standing committee of the Legislature having jurisdiction over transportation matters. After realignment of the budgets, full and normal budgeting will occur for the fund in future years. Expenditures from the fund are subject to allocations that must be approved by the Legislature. [PL 2001, c. 83, Pt. C, §1 (NEW).]
23 M.R.S. § 1254 — ME Code / Title 23 / Part 1 / Chapter 15 / Section 1254
23 §1254. Penalties; jurisdiction
Status: in_force

Whoever unlawfully removes, injures or tampers with any warning, caution or directional sign, described in sections 59 , 1251 , 1252 and 1253‑A , shall be punished by a fine of not less than $10 nor more than $50. [PL 1969, c. 387, §2 (AMD).]
23 M.R.S. § 6003 — ME Code / Title 23 / Part 7 / Chapter 607 / Section 6003
23 §6003. Change in location
Status: in_force

Any railroad corporation may make any changes in the location of its road which it deems necessary or expedient and the changes shall be recorded where the original location was required by law to be recorded. [PL 1987, c. 141, Pt. A, §4 (NEW).]
23 M.R.S. § 1911 — ME Code / Title 23 / Part 1 / Chapter 21 / Section 1911
23 §1911. Number and location of signs
Status: in_force

1. Location limited. Official business directional signs shall only be located in those vicinities where the traveler must change direction from one public way to another to reach the business, facility or point of interest. [PL 1981, c. 318, §1 (RPR).]

2. Number limited. Notwithstanding section 1918 , the commissioner shall not issue more than 6 licenses for official business directional signs for any one place of business, facility or point of interest eligible therefor under section 1909 , not more than one such official business sign shall be visible to traffic moving in any one public way leading toward the place of business, facility or point of interest nor shall any license be issued for a sign located more than 10 miles radius from the place of business, facility or point of interest. [PL 1981, c. 576, §5 (AMD).]

3. Waiver of requirements. The commissioner may waive the specific requirements of this section if an applicant for a license can show unusual hardship due to conditions of topography, access or other physical characteristics. [PL 1981, c. 318, §1 (RPR).]
23 M.R.S. § 154-F — ME Code / Title 23 / Part 1 / Chapter 3 / Section 154-F
23 §154-F. Special benefits
Status: in_force

In determining just compensation where special benefits are found, the owner or owners of record shall be compensated at least for the fair market value of the property and any rights or interest therein taken. [PL 1975, c. 431, §9-A (NEW).]
23 M.R.S. § 1401-A — ME Code / Title 23 / Part 1 / Chapter 15 / Section 1401-A
23 §1401-A. Installations restricted
Status: in_force

1. Installing of buildings or fixtures. Except as provided in subsection 1-A , a person may not install, erect or construct, or cause to be installed, erected or constructed, installations such as buildings, gasoline pumps or other fixtures in, upon or near any state or state aid highway, located as follows: A. Within the full width of the right-of-way of any state or state aid highway as laid out by the State, the county or the town; [PL 2003, c. 452, Pt. L, §3 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] B. Within 33 feet of the center line of any state or state aid highway. This paragraph does not apply to installations or other property in existence on August 6, 1949. The commissioner has discretion to waive the application of this paragraph to the reconstruction of a building in the general location of the previously existing building if the commissioner determines that highway safety and the public welfare will not be adversely affected; or [PL 2003, c. 452, Pt. L, §3 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] C. Within 20 feet from the outside edge of any of the paved portion of any state or state aid highway having more than 2 travel lanes and having a total paved portion in excess of 24 feet in width. This paragraph does not apply to installations or other property in existence on September 1, 1955. [PL 2003, c. 452, Pt. L, §3 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] [PL 2007, c. 191, §1 (AMD).]

1-A. Limited waiver. The commissioner may grant a person a written waiver of any of the provisions of subsection 1 and permit the construction of a fixture in, upon or near a state or state aid highway located in a municipality if: A. The commissioner receives a written statement from the municipal officers requesting or supporting the waiver; [PL 2007, c. 191, §1 (NEW).] B. The posted speed limit where the construction will occur is no more than 35 miles per hour; and [PL 2007, c. 191, §1 (NEW).] C. The commissioner determines that highway safety and public welfare will not be adversely affected. [PL 2007, c. 191, §1 (NEW).] The commissioner may include in the waiver any conditions the commissioner determines necessary to ensure public safety and welfare. Violation of the terms of a waiver constitutes a violation of this section. [PL 2007, c. 191, §1 (NEW).]

2. Penalties. The following penalties apply to violations of this section. A. A person who violates this section commits a civil violation for which a fine of not less than $5 and not more than $500 may be adjudged. [PL 2003, c. 452, Pt. L, §3 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] B. After having been adjudicated as having violated paragraph A , a person who unlawfully maintains any installations such as buildings, gasoline pumps or other fixtures for 30 days after the adjudication is subject to an additional fine of not more than $50 for each day such installations are maintained. [PL 2003, c. 452, Pt. L, §3 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] [PL 2003, c. 452, Pt. L, §3 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]

3. Application. This section does not apply to the installations or other property devoted to the public use of any public utility or district and underground pipelines. [PL 2003, c. 452, Pt. L, §3 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
23 M.R.S. § 3607 — ME Code / Title 23 / Part 3 / Chapter 311 / Section 3607
23 §3607. Damages for raising or lowering streets
Status: in_force

When a way or street is raised or lowered by a road commissioner or person authorized to the injury of an owner of adjoining land, he may within a year apply in writing to the municipal officers, and they shall view such way or street and assess the damages, if any have been occasioned thereby, to be paid by the town. Any person aggrieved by said assessment may have them determined, on complaint to the Superior Court, in the manner prescribed in section 3005 . Said complaint shall be filed in the Superior Court in the county where the land is situated within 60 days from the date of assessment.
23 M.R.S. § 5003 — ME Code / Title 23 / Part 7 / Chapter 601 / Section 5003
23 §5003. Collection of judgment against foreign railroad company lessee
Status: in_force

When any foreign railroad company that is or has been doing business in this State as the lessee of any railroad refuses or neglects for 60 days after demand to pay and discharge any judgment recovered by any person against the railroad company owning that leased road for damages to the property of the person by the doings, misdoings or neglects of the foreign railroad company, its agents or servants and that judgment belongs to the foreign railroad company to pay and discharge, the Superior Court, on complaint, may compel payment of the judgment by the foreign railroad company and make, pass and enforce all necessary orders, decrees and processes for the purpose. Nothing in this section allows for nonparticipation by foreign railroad company lessees. [PL 2023, c. 618, §2 (AMD).]
23 M.R.S. § 4205 — ME Code / Title 23 / Part 5 / Chapter 410 / Section 4205
23 §4205. Department; commissioner
Status: in_force

There is created and established the Department of Transportation to consist of a Commissioner of Transportation appointed by the Governor, subject to review by the joint standing committee of the Legislature having jurisdiction over transportation and to confirmation by the Legislature, who shall serve at the pleasure of the Governor. [PL 1981, c. 698, §106 (RPR).]

1. [PL 1981, c. 456, Pt. A, §87 (RP).]

2. [PL 1981, c. 456, Pt. A, §87 (RP).]

3. [PL 1981, c. 456, Pt. A, §87 (RP).]

4. [PL 1981, c. 698, §106 (RP).]

5. [PL 1981, c. 698, §106 (RP).]

6. [PL 1981, c. 98, §2 (RP).]

7. [PL 1981, c. 98, §2 (RP).]

8. [PL 1975, c. 771, §257 (RP).]
23 M.R.S. § 4429 — ME Code / Title 23 / Part 6 / Chapter 412 / Section 4429
23 §4429. Marketing program
Status: in_force

The Maine Port Terminal Facilities Marketing Program is established to encourage and promote business opportunities for marine port terminal facilities and associated multimodal infrastructure facilities that directly support marine port operations developed by the Maine Port Authority or the Department of Transportation including facilities in Portland, Searsport and Eastport. The Maine Port Authority shall develop and implement the marketing program. The authority may enter into agreements or cooperative arrangements with any person or entity for the purpose of increasing the use of marine port terminal facilities and associated multimodal infrastructure facilities that directly support marine port operations developed by the Maine Port Authority or the Department of Transportation. The authority may receive, administer and disburse funds, either independently or in conjunction with state funds allocated for the purpose, as long as funds contributed are used only for the purpose of marketing and economic development programs. [PL 2021, c. 555, §5 (AMD).]
23 M.R.S. § 7156 — ME Code / Title 23 / Part 7 / Chapter 615 / Section 7156
23 §7156. Employee protection
Status: in_force

Any person acquiring or operating a railroad line under this chapter shall: [PL 1989, c. 398, §7 (RPR).]

1. Hiring priority. Give a first right of hire to fill any subordinate official or nonmanagement position in the staffing of the new rail operation in the following order of priority: A. First, all employees who are required to be accorded priority under federal law, employee protection obligations imposed by law, regulations or contracts which require the new operator to select employees of the prior operator and existing or future collective bargaining agreements; [PL 1989, c. 398, §7 (RPR).] B. Second, all employees, in seniority order for each craft or class, who hold or held seniority rights in, or in connection with, the railroad line when it was last operated by its prior operator; [PL 1989, c. 398, §7 (RPR).] C. Third, employees drawing benefits under the United States Railroad Unemployment Insurance Act, United States Code, Title 45, chapter 11, first in the geographical area in which the railroad line is located and then elsewhere within the State; and [PL 1989, c. 398, §7 (RPR).] D. Fourth, any other individual; [PL 1989, c. 398, §7 (RPR).] [PL 1989, c. 398, §7 (RPR).]

2. Existing employment obligations and practices. Assume the existing employment obligations and practices of the railroad whose property is condemned, including all agreements governing rates of pay, rules and working conditions, until changes are made by agreement or otherwise, in accordance with applicable law; and [PL 1989, c. 398, §7 (RPR).]

3. Employee protection. Agree to provide a fair arrangement to protect the interests of railroad employees who are affected by the condemnation which is at least as protective of the interests of those employees as the levels of protection established by regulation or decision of the Interstate Commerce Commission. [PL 1989, c. 398, §7 (RPR).]

Any person who is entitled to priority of employment under this section shall be presumed to be physically and mentally qualified to perform the same or comparable work with the new employer. [PL 1989, c. 398, §7 (RPR).]
23 M.R.S. § 5169 — ME Code / Title 23 / Part 7 / Chapter 605 / Section 5169
23 §5169. Meeting regarding redemption of prior mortgages; contribution
Status: in_force

For such a purpose, the trustees of the subsequent mortgage, on application of one or more persons interested in the mortgage, made 6 months prior to the absolute foreclosure of the prior mortgage and on payment of reasonable expenses to be incurred thereby, shall call a meeting of all interested and publish a notice of the meeting, stating the time, place and purpose, 3 weeks successively in the state paper and such other papers as they think proper. If at that meeting, or one called by the trustees without application, the holders of a majority of the interests there represented vote to redeem the prior mortgage, each one may contribute his proportion to the redemption. The trustees shall give immediate notice of the vote by publishing it as above and shall in the notice state the time and place of payment and the amount to be paid on each $100 as nearly as may be. If anyone fails to pay his proportion, any other person interested in the subsequent mortgage may pay it and succeed to all his rights except as otherwise provided. [PL 1987, c. 141, Pt. A, §4 (NEW).]
23 M.R.S. § 3021 — ME Code / Title 23 / Part 3 / Chapter 304 / Section 3021
23 §3021. Definitions
Status: in_force

As used in this chapter, unless the context clearly indicates otherwise, the following words shall have the following meaning. [PL 1975, c. 711, §8 (NEW).]

1. Highway purposes. "Highway purposes" means use as a town way and those things incidental to the laying out, construction, improvement, maintenance, change of location, alignment and drainage of town ways, including the securing of materials therefor; provision for the health, welfare and safety of the public using town ways; provision for parking places, rest areas and preservation of scenic beauty along town ways. [PL 1975, c. 711, §8 (NEW).]

1-A. Municipal legislative body. "Municipal legislative body" has the same meaning as in Title 30‑A, section 2001, subsection 9 . [PL 2015, c. 464, §2 (NEW).]

2. Public easement. "Public easement" means an easement held by a municipality for purposes of public access to land or water not otherwise connected to a public way, and includes all rights enjoyed by the public with respect to private ways created by statute prior to July 29, 1976. Private ways created pursuant to former sections 3001 and 3004 prior to July 29, 1976 are public easements. [PL 2015, c. 464, §3 (AMD).]

3. Town way. "Town way" means: A. An area or strip of land designated and held by a municipality for the passage and use of the general public by motor vehicle; [PL 1981, c. 702, Pt. Z, §2 (NEW).] B. All town or county ways not discontinued or abandoned before July 29, 1976; and [PL 1981, c. 702, Pt. Z, §2 (NEW).] C. All state or state aid highways, or both, which shall be classified town ways as of July 1, 1982, or thereafter, pursuant to section 53 . [PL 1981, c. 702, Pt. Z, §2 (NEW).] [PL 1981, c. 702, Pt. Z, §2 (RPR).]
23 M.R.S. § 565 — ME Code / Title 23 / Part 1 / Chapter 9 / Section 565
23 §565. Bridges
Status: in_force

1. Generally. The department has maintenance responsibility and capital responsibility for all bridges on state aid highways and town ways except as provided in subsection 2 or unless provided otherwise pursuant to section 566, subsection 5 . [PL 2001, c. 314, §2 (NEW); PL 2001, c. 314, §4 (AFF).]

2. Low use or redundant bridges on town ways. A municipality has maintenance responsibility for all low use bridges on town ways and all redundant bridges on town ways. For the capital improvement of a low use bridge on a town way or a redundant bridge on a town way located wholly within one municipality, the municipality shall pay 50% of the cost or 1% of its property valuation, whichever is less. For a bridge located on a town line, each municipality shall pay 25% of the cost of the capital improvement or 1% of its property valuation, whichever is less, unless the municipalities and the department agree otherwise. The department shall pay the remaining portion of the cost of the capital improvement. [PL 2001, c. 314, §2 (NEW); PL 2001, c. 314, §4 (AFF).]
23 M.R.S. § 801 — ME Code / Title 23 / Part 1 / Chapter 13 / Section 801
23 §801. Designation
Status: in_force

Municipal officers may petition the department to designate as state aid highways such public ways within their jurisdiction as will best serve outlying communities, connect adjoining towns and villages and facilitate travel in reaching markets, railroad connections and state roads, due consideration being given to cost as well as distance and volume of travel. Such petition presented to the department for the designation of a state aid highway shall include an adequate description of the way which it is desired to have so designated, and upon the same being approved and accepted by the department said way shall be established and known as a state aid highway. Twenty or more voters of the town in which said way is located, by written petition, presented within 30 days after the petition to designate such way as a state aid road has been filed with the department, shall have the right to be heard on the acceptance thereof. The department shall be the sole arbiter of the designation of state aid roads and may accept or reject any part or all of such way and impose terms in respect thereto. [PL 1971, c. 593, §22 (AMD).]
23 M.R.S. § 3102 — ME Code / Title 23 / Part 3 / Chapter 305 / Section 3102
23 §3102. Commissioner's or board's duties; neglect of owners to pay
Status: in_force

The commissioner or board chosen under section 3101 , with respect to the private road, private way or bridge, has the powers of a road commissioner. If any owner, on requirement of the commissioner or board, neglects to furnish that owner's proportion of labor, materials or money, the same may be furnished by the other owners and recovered of the owner neglecting to pay in a civil action, together with costs of suit and reasonable attorney's fees. Such civil action may be brought in the name of and by the road association created pursuant to this subchapter and the decision to bring that civil action may be made by the commissioner or board or as otherwise provided for in the road association's bylaws. The commissioner's or board's apportioning of the cost of repairs to the road undertaken pursuant to the provisions of section 3101 may not exceed 1% of an individual owner's municipal property valuation in any calendar year. [PL 2013, c. 198, §8 (AMD).]
23 M.R.S. § 4210-G — ME Code / Title 23 / Part 5 / Chapter 410 / Section 4210-G
23 §4210-G. Supplemental Transportation Fund
Status: in_force

1. Fund created. The Supplemental Transportation Fund, referred to in this section as "the fund," is established as a nonlapsing fund in the Department of Transportation. [PL 2019, c. 486, §2 (NEW).]

2. Use of funds. Money deposited into the fund may be used by the Department of Transportation for transportation-related projects and services. [PL 2019, c. 486, §2 (NEW).]

3. Source of funds. Money deposited in the fund includes, but is not limited to, fine revenue transferred into the fund pursuant to Title 29‑A, section 2121, subsection 4 . The Supplemental Transportation Fund may accept funds from other sources. [PL 2019, c. 486, §2 (NEW).]
23 M.R.S. § 5164 — ME Code / Title 23 / Part 7 / Chapter 605 / Section 5164
23 §5164. First meeting of new corporation; name; possession and use of mortgaged property
Status: in_force

The new corporation may call its first meeting in the manner provided for calling the first meeting of the original corporation, and may use for that purpose the old name, or by a notice, signed by one or more of the bondholders, setting forth the time, place and purpose of the meeting, a copy of which is to be published in a newspaper in the county, if any, otherwise in the state paper, 7 days before the meeting. At that meeting, it may adopt a new name by which it shall be known. It may take and hold the possession and have the use of the mortgaged property, although an action for equitable relief to redeem is pending, and it may become a party defendant to the action. This section applies to all corporations mentioned in section 5185 . [PL 1987, c. 141, Pt. A, §4 (NEW).]
23 M.R.S. § 5072 — ME Code / Title 23 / Part 7 / Chapter 603 / Section 5072
23 §5072. Location; subscribers' objections; proceedings
Status: in_force

The railroad shall be located within the time and substantially according to the description of its charter and the location shall be filed with the county commissioners, who shall endorse the time of filing thereon and order that location recorded. When a corporation, by its first location, fails to acquire the land actually embraced in its roadway, or the location as recorded is defective or uncertain, it may, at any time, correct and perfect its location and file a new description. In that case, it is liable in damages, by reason of the new or amended location, only for land embraced therein for which the owner had not previously been paid. Railroad charters, whenever granted, limiting the time within which the railroad must be completed do not affect the portion completed within that time and all charters under which railroads have been constructed for a portion of the line authorized are confirmed and made valid as to that portion. [PL 1987, c. 141, Pt. A, §4 (NEW).]
23 M.R.S. § 7083 — ME Code / Title 23 / Part 7 / Chapter 613 / Section 7083
23 §7083. Call for meetings in cities and proceedings
Status: in_force

Meetings for the purposes set out in this chapter in cities shall be called by the municipal officers, on the order of the common council, like meetings for the election of city officers and the council shall set forth in their order the substance of the proposition to be inserted in the warrant. At the meetings, the voters shall vote in wards by ballot, those in favor of the proposition in the warrant voting "Yes," and those opposed voting "No," and the ballots cast shall be sorted, counted and declared in open ward meeting and recorded. The clerks shall make returns of the ballots to the municipal officers who shall examine them. If 2/3 of the ballots cast are in favor of the proposition, the officers shall proceed to carry it into effect. Lists of voters for use at the meetings shall be prepared in the same manner as for meetings for elections of town or city officers and the lists shall be used at all meetings held under this section and section 7081 . [PL 1987, c. 141, Pt. A, §4 (NEW).]
23 M.R.S. § 159 — ME Code / Title 23 / Part 1 / Chapter 3 / Section 159
23 §159. Interpleader
Status: in_force

If difficult questions of law should arise before the State Claims Commission as to entitlement to or apportionment of just compensation, then it is authorized to make a blanket award to all parties interested. If no appeal is taken and no agreement is reached by the parties named in the award within 60 days from the date of such award, the State Claims Commission shall certify the facts and legal questions to the department. The department shall then interplead the parties named in the award by a complaint filed in the Superior Court in the county wherein the land is situated and shall pay in the amount of the award to the clerk of courts of the county to be paid in accordance with the court's order. For purposes of this section, the department shall be acting to prevent double or multiple liability. [PL 1989, c. 502, Pt. A, §88 (AMD).]
23 M.R.S. § 3052 — ME Code / Title 23 / Part 3 / Chapter 305 / Section 3052
23 §3052. Materials placed on roadside; removal
Status: in_force

If any municipality in the construction or repair of its highways places any stone, sod or other material upon land within the limit of any highway which the owner has cleared from stone and smoothed so that it is tillable land and so used, said municipality shall within 30 days remove the same from such land. Failing to do this, the owner of said land may remove such stone, sod or other material therefrom and be paid the same price per hour for such removal as is paid by said municipality for labor in the construction and repair of its roads.
23 M.R.S. § 2 — ME Code / Title 23 / Part 1 / Chapter 1 / Section 2
23 §2. Rules of construction
Status: in_force

The rules of construction in Title 1, chapter 3 , shall apply to chapters 1 to 19 . As used in chapters 1 to 19 , unless the context otherwise indicates, the following terms have the following meanings. [PL 1981, c. 470, Pt. A, §120 (RPR).]

1. Compact or built-up section. "Compact" or "built-up section" means a section of the highway where structures are nearer than 200 feet apart for a distance of 1/4 of a mile, unless otherwise defined. [PL 1981, c. 470, Pt. A, §120 (NEW).]

2. Highway. "Highway" means all of the right-of-way that may have been laid out by the State, county or town. [PL 1981, c. 470, Pt. A, §120 (NEW).]

3. Maintenance. "Maintenance" includes the restoring of reconstructed and improved highways to their condition when improved and shall be applicable only to highways to the improvement of which the State has contributed or shall hereafter contribute, except as otherwise provided. [PL 1981, c. 470, Pt. A, §120 (NEW).]

4. Municipal officers. "Municipal officers" includes county commissioners having jurisdiction over highways in unincorporated townships. [PL 1981, c. 470, Pt. A, §120 (NEW).]

5. Town. "Town" includes cities, towns, organized plantations and unincorporated townships, except as otherwise indicated. [PL 1981, c. 470, Pt. A, §120 (NEW).]

6. Valuation. "Valuation" means the valuation last made by the State Tax Assessor. [PL 1981, c. 470, Pt. A, §120 (NEW).]
23 M.R.S. § 7085 — ME Code / Title 23 / Part 7 / Chapter 613 / Section 7085
23 §7085. Town agents may vote on town stock
Status: in_force

When a city or town holds stock in a railroad, the municipal officers, or an agent appointed by them in writing, may vote at any meeting of the corporation. [PL 1987, c. 141, Pt. A, §4 (NEW).]
23 M.R.S. § 701 — ME Code / Title 23 / Part 1 / Chapter 13 / Section 701
23 §701. Establishment of systems; surveys
Status: in_force

The department shall lay out, construct and maintain a system of state and state aid highways substantially as described in chapters 1 to 19 . All persons employed by the department under chapters 1 to 19 are authorized to the extent necessary for surveys and preliminary engineering to enter and cross all lands within, adjoining and adjacent to the area to be surveyed. [PL 1971, c. 593, §22 (AMD).]
23 M.R.S. § 2152 — ME Code / Title 23 / Part 2 / Chapter 207 / Section 2152
23 §2152. Proceedings
Status: in_force

Each county must be represented at such meeting by a majority of its commissioners. A majority of those present may decide upon the whole matter. The duty of carrying that judgment into effect shall be performed in each county by its own commissioners in the manner respecting ways wholly within it. When each county is not so represented, those present may adjourn the meeting to another time.
23 M.R.S. § 6001 — ME Code / Title 23 / Part 7 / Chapter 607 / Section 6001
23 §6001. Land bought or taken
Status: in_force

A railroad corporation, for the location, construction, repair and convenient use of its road, may purchase or take and hold, as for public uses, land and all materials in and upon it. Through woodland and forest the land so taken shall not exceed 6 rods in width unless necessary for excavation, embankment or materials and through all land other than woodland and forest, the land so taken shall not exceed 4 rods in width unless necessary for excavation, embankment or materials. [PL 1987, c. 141, Pt. A, §4 (NEW).]
23 M.R.S. § 5005 — ME Code / Title 23 / Part 7 / Chapter 601 / Section 5005
23 §5005. Powers and duties of the Commissioner of Transportation related to railroad safety of off-system railroads
Status: in_force

The commissioner shall formulate and adopt reasonable rules for safe and healthful operation of off-system railroads operating for the transportation of persons or goods. The rules formulated must conform as far as practicable to nationally recognized standards for the safe operation of railroads. These rules may not become effective sooner than 90 days after the date of their adoption. [PL 1993, c. 67, §2 (NEW).]
23 M.R.S. § 7229 — ME Code / Title 23 / Part 7 / Chapter 617 / Section 7229
23 §7229. Maintenance charges for private crossings
Status: in_force

In a municipality in which a private way is crossed by a railroad crossing, the municipal officers may act as agents for a railroad corporation in collecting maintenance and insurance charges from those persons using that crossing. Nothing in this section may authorize a municipality to assess or levy these charges nor to use its taxing power to collect these charges. [PL 1989, c. 398, §8 (NEW).]
23 M.R.S. § 952 — ME Code / Title 23 / Part 1 / Chapter 13 / Section 952
23 §952. Contracts
Status: in_force

The department may enter into agreements with individuals or organizations who wish to plant grasses, vines, trees or flowers, or to make gifts or appropriations to carry out this subchapter. [PL 1971, c. 593, §22 (AMD).]
23 M.R.S. § 3658 — ME Code / Title 23 / Part 3 / Chapter 313 / Section 3658
23 §3658. Sidewalk accident; no town liability
Status: in_force

No town is liable to an action for damages to any person on foot on account of snow or ice on any sidewalk or crosswalk nor on account of the slippery condition of any sidewalk or crosswalk.
23 M.R.S. § 161 — ME Code / Title 23 / Part 1 / Chapter 3 / Section 161
23 §161. Incidental expense payments
Status: in_force

1. Reimbursement. When the department acquires real or personal property for transportation purposes, the department is not required to pay any taxes or assessments on that property. The department, as soon as practicable after the date of payment of just compensation, shall reimburse the owner from whom the property has been acquired for transportation purposes, to the extent the department deems fair and reasonable, for expenses the owner necessarily incurred for: A. Recording fees, transfer taxes and similar expenses, if any, incidental to conveying such property to the State; [PL 1971, c. 333, §5 (NEW).] B. Penalty costs for prepayment of any preexisting recorded mortgage entered into in good faith encumbering such real property; and [PL 1971, c. 333, §5 (NEW).] C. The pro rata portion of real property taxes paid which are allowable to a period subsequent to the date of vesting title in the State, or the effective date of possession of such real property by the State, whichever is earlier. [PL 1971, c. 333, §5 (NEW).] [PL 2017, c. 40, §1 (AMD).]

2. Determination. Any determination by the department in the administration of this section shall be final and nothing herein shall be construed to give any person a cause of action in the State Claims Commission or the Superior Court. [PL 1987, c. 395, Pt. A, §102 (AMD).]
23 M.R.S. § 3453 — ME Code / Title 23 / Part 3 / Chapter 307 / Section 3453
23 §3453. Nuisances; payment of prosecution expense
Status: in_force

When anything has been adjudged to be a nuisance and to be abated under section 3452 , and the materials of which it is composed do not on sale produce sufficient to pay the charges of prosecution, removal and sale, the court may order the deficiency to be raised by levy on the personal property of the person convicted of causing such nuisance.
23 M.R.S. § 8003 — ME Code / Title 23 / Part 7 / Chapter 621 / Section 8003
23 §8003. Initiation and establishment of passenger rail service
Status: in_force

1. Establishment of service. The authority is directed to take all actions that are reasonably necessary to initiate, establish or reinitiate regularly scheduled passenger rail service between points within this State and points within and outside this State. These actions may include, but are not limited to, the acquisition, holding, use, operation, repair, construction, reconstruction, rehabilitation, modernization, rebuilding, relocation, maintenance and disposition of railroad lines, railway facilities, rolling stock, machinery and equipment, trackage rights, real and personal property of any kind and any rights in or related to that property. [PL 1995, c. 374, §3 (NEW).]

2. Acquisition of properties; rights. The authority may acquire any of the properties or rights listed in subsection 1 through purchase, lease, lease-purchase, gift, devise or otherwise. In making these acquisitions the authority may exercise the power of eminent domain following the same procedure set forth in section 7154, subsection 5 ; except that any notice of condemnation must be filed in the registry of deeds for the county or counties, or registry division or divisions, in which the property is located, in the case of real property, and with the office of the Secretary of State in the case of personal property. [PL 1995, c. 374, §3 (NEW).]

3. Responsibilities of State. Nothing in this chapter precludes the State from acquiring railroad lines for passenger rail service or precludes the Department of Transportation from taking actions to facilitate the operation of passenger rail service within the State or from contracting with 3rd parties for the operation of passenger rail service within the State. Nothing in this chapter affects the responsibilities of the department for transportation policy and planning as set forth in this Title. [PL 2005, c. 312, §2 (NEW).]
23 M.R.S. § 5141 — ME Code / Title 23 / Part 7 / Chapter 605 / Section 5141
23 §5141. Intersecting roads
Status: in_force

Railroads intersecting or crossing each other shall be deemed, for all business purposes, connecting roads. [PL 1987, c. 141, Pt. A, §4 (NEW).]
23 M.R.S. § 8114 — ME Code / Title 23 / Part 7 / Chapter 621 / Section 8114
23 §8114. Powers
Status: in_force

The authority may: [PL 1995, c. 374, §3 (NEW).]

1. Suit. Sue and be sued; [PL 1995, c. 374, §3 (NEW).]

2. Seal. Have a seal and alter the seal at pleasure; [PL 1995, c. 374, §3 (NEW).]

3. Bylaws; rules. Adopt from time to time and amend bylaws covering its procedure and rules for the purposes set forth in this chapter; develop and adopt rules in accordance with the Maine Administrative Procedure Act; publish bylaws and rules as necessary or advisable; and cause records of its proceedings to be kept; [PL 1995, c. 374, §3 (NEW).]

4. Employees. Employ such assistants, attorneys, experts, inspectors and such other employees and consultants as the authority considers necessary or desirable for its purposes; [PL 1995, c. 374, §3 (NEW).]

5. Department of Transportation. Utilize the services of the State's Department of Transportation that are available and expedient and all charges for services provided by the department may be paid to it by the authority as mutually agreed upon; and [PL 1995, c. 374, §3 (NEW).]

6. Other action. Take all lawful action necessary and incidental to effectuate the purposes set forth in this chapter. [PL 1995, c. 374, §3 (NEW).]
23 M.R.S. § 1910 — ME Code / Title 23 / Part 1 / Chapter 21 / Section 1910
23 §1910. Types and arrangements of signs
Status: in_force

Subject to this chapter, the commissioner shall regulate the size, shape, color, lighting, manner of display and lettering of official business directional signs. A symbol may be specified for each type of eligible service or facility for inclusion upon official business directional signs. [PL 2015, c. 403, §3 (AMD).]
23 M.R.S. § 1151 — ME Code / Title 23 / Part 1 / Chapter 15 / Section 1151
23 §1151. Unauthorized signs or marks forbidden
Status: in_force

No person shall place, maintain or display upon or in view of any highway any unauthorized sign, signal, marking or device which purports to be or is an imitation of or resembles an official traffic-control device or railroad sign or signal, or which attempts to direct the movement of traffic, or which hides from view or so interferes with the effectiveness of any official traffic-control device or any railroad sign or signal as to endanger the public, and no person shall place or maintain nor shall any public authority permit upon any highway any traffic sign or signal bearing thereon any commercial advertising. This shall not be deemed to prohibit the erection upon private property adjacent to highways of signs giving useful directional information or promoting highway safety and of a type that cannot be mistaken for official signs. Any person, firm, corporation or political subdivision of the State, while working on, under, over or immediately adjacent to any highway may erect temporary warning or directional signs or signals for the purpose of safeguarding or protecting its workmen and facilitating and protecting travel along the highway by the traveling public.

Every such prohibited sign, signal or marking is declared to be a public nuisance and the authority having jurisdiction over the highway may order the same removed and, if not removed within 48 hours after receipt of the notice, is empowered to remove the same or cause it to be removed.
23 M.R.S. § 5181 — ME Code / Title 23 / Part 7 / Chapter 605 / Section 5181
23 §5181. Purchasers at sale have rights of original corporation; redemption
Status: in_force

When the franchise of a railroad and its road, wholly or partly constructed, or the right of redeeming the same from a mortgage, are sold by a decree of court by a power of sale in a mortgage, or on execution, the purchasers have all the rights, powers and obligations of the corporation under its charter and may form a new corporation in the manner provided. If the original corporation or those claiming under it have a right to redeem, they may do so in the manner provided for the redemption of mortgaged real estate, but shall pay, in addition to the amount of the sale and interest, the reasonable expenditures made by the new corporation in completing, repairing and equipping the road, and in the purchase of necessary property, after deducting the net earnings. [PL 1987, c. 141, Pt. A, §4 (NEW).]
23 M.R.S. § 354 — ME Code / Title 23 / Part 1 / Chapter 9 / Section 354
23 §354. Reconstruction of bridges generally
Status: in_force

The department shall have authority to reconstruct any bridge wholly or partly under the control of the State when, in its opinion, such reconstruction is necessary, and the cost of the work shall be paid from any funds available for the construction of bridges. [PL 1979, c. 581, §2 (AMD).]
23 M.R.S. § 3024 — ME Code / Title 23 / Part 3 / Chapter 304 / Section 3024
23 §3024. Recording of proceedings
Status: in_force

No taking of property or interests therein by a municipality, or the discontinuance of a town way except by abandonment, after September 12, 1959, shall be valid against owners of record or abutting landowners who have not received actual notice, unless there is recorded in the registry of deeds for the county where the land lies either a deed, or a certificate attested by the municipal clerk, describing the property and stating the final action of the municipality with respect to it. [PL 1975, c. 711, §8 (NEW).]
23 M.R.S. § 1801 — ME Code / Title 23 / Part 1 / Chapter 19 / Section 1801
23 §1801. Findings and purpose
Status: in_force

Municipal transportation assistance funds must be targeted to the needs of rural local roads, bridges and minor spans and must also reflect urban compact maintenance responsibilities on state and state aid roadways. [PL 2025, c. 66, §2 (AMD).]

Municipal transportation assistance funds must be adjusted according to increases or decreases in Highway Fund resources available for transportation. [PL 1999, c. 473, Pt. D, §1 (RPR).]

Responsibility for decisions regarding maintenance and improvement of roads must follow the principle that roads that primarily serve regional or statewide needs must be the State's responsibility, roads that primarily serve local needs must be a local responsibility and roads that primarily serve as minor collector routes and major collector routes may be improved through a partnership between municipalities or counties and the State. [PL 2025, c. 66, §3 (AMD).]

The Legislature recognizes that without municipal participation the State has few resources to make necessary capital improvements to state aid minor collector highways and state aid major collector highways. [PL 2011, c. 652, §5 (AMD); PL 2011, c. 652, §14 (AFF).]

The purpose of the Local Road Assistance Program established in this subchapter is to provide equitable financial assistance to communities for their use in improving local roads and maintaining state roads in urban compact areas. [PL 2025, c. 66, §4 (AMD).]

In order to meet the purposes set out in this section, the Local Road Assistance Program has rural road assistance and urban compact assistance funding as components. [PL 2011, c. 652, §5 (AMD); PL 2011, c. 652, §14 (AFF).]
23 M.R.S. § 6017 — ME Code / Title 23 / Part 7 / Chapter 607 / Section 6017
23 §6017. Station grounds not to be taken by another company
Status: in_force

No railroad corporation may take the grounds occupied by any other railroad company and necessary for its use for station purposes, without its consent. When application is made to take those grounds, the Department of Transportation, upon notice and hearing, shall determine whether the land proposed to be taken is necessary or not and whether any public necessity requires it to be taken. [PL 1987, c. 141, Pt. A, §4 (NEW).]
23 M.R.S. § 1854 — ME Code / Title 23 / Part 1 / Chapter 19 / Section 1854
23 §1854. State infrastructure bank created
Status: in_force

The state infrastructure bank is created as a revolving fund in the department, to be administered by the department and used for the purposes described in this subchapter. The fund consists of certain federal highway funds and state highway funds and other funds eligible for deposit under applicable federal law; payments received by the department in connection with the state infrastructure bank; investment earnings on money in state infrastructure bank accounts; and other funds as may be provided by law. Separate accounts may be established within the state infrastructure bank if required for its proper administration. [PL 1997, c. 395, Pt. I, §1 (NEW).]

The fund is a nonlapsing fund. All monies accruing to the credit of the fund must be allocated by the Legislature and expended by the department to effectuate the purposes of this subchapter. Money available in the fund may not be used to hire staff for the department. [PL 1997, c. 395, Pt. I, §1 (NEW).]
23 M.R.S. § 57 — ME Code / Title 23 / Part 1 / Chapter 3 / Section 57
23 §57. Cooperation and acceptance of federal funds
Status: in_force

" Title 23 , United States Code," and all other Acts amendatory thereof and supplementary thereto, are assented to. The Department of Transportation is authorized and empowered to accept, for the State, federal funds apportioned under said code as amended and supplemented, to act for the State, in conjunction with the representatives of the Federal Government, in all matters relating to the location and construction of highways to be built with federal aid pursuant to said code, and to make all contracts and do all things necessary to cooperate with the United States Government in the construction and maintenance of public highways in accordance with said code, as amended and supplemented. [PL 1971, c. 593, §22 (AMD).]
23 M.R.S. § 3655 — ME Code / Title 23 / Part 3 / Chapter 313 / Section 3655
23 §3655. Personal injury actions; limitations; damages; notice
Status: in_force

A person who receives any bodily injury or suffers damage in the person's property through any defect or want of repair or sufficient railing in any highway, town way, causeway or bridge may recover for the same in a civil action, to be commenced within one year from the date of receiving such injury or suffering damage, of the county or town obliged by law to repair the same, if the commissioners of such county or the municipal officers or road commissioners of such town or any person authorized by any commissioner of such county or any municipal officer or road commissioner of such town to act as a substitute for either of them had 24 hours' actual notice of the defect or want of repair, but not exceeding $6,000 in case of a town. If the sufferer had notice of the condition of such way previous to the time of the injury, the sufferer cannot recover of a town unless the sufferer has previously notified one of the municipal officers of the defective condition of such way. Any person who sustains injury or damage or some person in the person's behalf shall, within 180 days thereafter, notify one of the county commissioners of such county or of the municipal officers of such town by letter or otherwise, in writing, setting forth the person's claim for damages and specifying the nature of the person's injuries and the nature and location of the defect that caused such injury. If the life of any person is lost through such deficiency, the person's executors or administrators may recover of such county or town liable to keep the same in repair, in a civil action, brought for the benefit of the estate of the deceased, such sum as the jury may determine reasonable as damages, if the parties liable had said notice of the deficiency that caused the loss of life. In any action against a town for damages for loss of life permitted under this section, the claim for and award of damages, including costs, against a town and its employees must be disposed of as provided under Title 18‑C, section 2‑807 , but may not exceed $25,000 for each claim and $300,000 for any and all claims arising out of a single occurrence. No damages for the loss of comfort, society and companionship of the deceased may be allowed in an action under this section. At the trial of any such action the court may, on motion of either party, order a view of the premises where the defect or want of repair is alleged when it would materially aid in a clear understanding of the case. [PL 2017, c. 402, Pt. C, §74 (AMD); PL 2019, c. 417, Pt. B, §14 (AFF).]
23 M.R.S. § 3354 — ME Code / Title 23 / Part 3 / Chapter 307 / Section 3354
23 §3354. Record of permits kept; fees
Status: in_force

The road commissioner, the commissioner of public works or such officer as the municipal officers may appoint in the absence of a commissioner shall keep a record of all permits granted by that person, work done by the municipal employees excepted. The applicant shall pay to the municipal treasurer for every permit for making an excavation within the driveways of any public highway paved with broken stone, concrete, bitulithic, granite block, brick, wood block, sheet asphalt or other pavements fees established by the municipal officers. Those fees may not exceed the reasonable cost of replacement of the excavated pavement and base material as well as inspections performed by or for the municipality. The requirement for municipal inspections must bear a reasonable relationship to the complexity of the project or the performance history of the permittee. All such fees paid to the municipal treasurer must be regularly accounted for in the treasurer's report to the municipal officers and constitute a special fund for the repaving of excavations, repair of any roadway adjacent to the excavations and inspections. When such excavations are repaired or inspected by the municipality, the cost must be charged to the special fund. Municipal ordinances and regulations governing activities conducted in accordance with this subchapter may not be arbitrary or capricious. [PL 1999, c. 337, §5 (AMD).]
23 M.R.S. § 1851 — ME Code / Title 23 / Part 1 / Chapter 19 / Section 1851
23 §1851. State cost-share program for salt and sand storage facilities
Status: in_force

The Department of Transportation may administer funds for the construction of municipal or county salt and sand storage facilities in order to reduce salt pollution of ground and surface waters. In administering these funds, the department shall provide reimbursement to municipal and county governmental entities for approved: [PL 2013, c. 523, §1 (AMD).]

1. Priority 1 projects. [PL 2013, c. 523, §1 (RP).]

2. Priority 2 projects. [PL 2013, c. 523, §1 (RP).]

3. Priority 3 projects. Priority 3 projects that were designated before April 1, 2000; and [PL 2013, c. 523, §1 (AMD).]

4. Priority 4 projects. [PL 2013, c. 523, §1 (RP).]

5. Priority changes. [PL 2013, c. 523, §1 (RP).]

6. Priority 5 projects. Priority 5 projects that were constructed before November 1, 1999, with plans and financial information submitted to the Department of Transportation by November 1, 1999. [PL 2013, c. 523, §1 (AMD).]

7. Other projects. [PL 2013, c. 523, §1 (RP).]

Allocation of funds must be based upon the sum of 25% of the expenses permitted plus 1.25 times the ratio of miles of state and state aid roads maintained for winter maintenance, as described in sections 1001 and 1003 , to all miles maintained for winter maintenance by the municipality, quasi-municipal agency or county. The Department of Transportation shall establish guidelines to reimburse eligible local government entities in a consistent and timely manner. [PL 1999, c. 387, §1 (RPR).]

The Department of Transportation shall review and approve municipal and county plans and specifications pursuant to established departmental guidelines for design, construction and size before a municipality or county constructs a facility. Municipal actions inconsistent with such guidelines are reimbursed at the sole discretion of the department. [PL 1999, c. 387, §1 (RPR).]

Reimbursable expenses under this section do not include land acquisition or debt service. [PL 1999, c. 387, §1 (RPR).]
23 M.R.S. § 7008 — ME Code / Title 23 / Part 7 / Chapter 611 / Section 7008
23 §7008. Posting of law
Status: in_force

A printed copy of section 7007 shall be kept posted in a conspicuous place in every railroad passenger station; for failure to post, the corporation forfeits not more than $100 for every offense. [PL 1987, c. 141, Pt. A, §4 (NEW).]
23 M.R.S. § 1965-B — ME Code / Title 23 / Part 1 / Chapter 24 / Section 1965-B
23 §1965-B. Widening of the turnpike between mile marker 44 and mile marker 53
Status: in_force

1. Evaluation of reasonable alternatives. The authority shall complete an evaluation of reasonable alternatives to widening the turnpike to 3 lanes for each direction of travel in the corridor from mile marker 44 to mile marker 53. To evaluate reasonable alternatives, the authority shall complete an alternative mode feasibility study that examines regional travel patterns and demographics and provides an inventory of existing transportation infrastructure and employer-based commuter programs in the turnpike corridor from mile 44 to mile 53. In conducting the evaluation required by this subsection, the authority shall provide for public participation consistent with section 73 and the rules adopted pursuant to that section. Completion of the evaluation required by this subsection satisfies the alternative evaluation requirements of section 73 and of the rules adopted pursuant to that section. [PL 2007, c. 270, §2 (NEW).]

2. Review of alternatives. Upon completing the evaluation required under subsection 1 , the authority shall review the alternatives to determine whether the alternatives can meet identified transportation deficiencies or needs in a safe manner at a reasonable cost with available technology. If, based on the evaluation, the authority finds that the alternatives do not meet the identified deficiencies or needs: A. A final license, permit or approval necessary for the widening or expansion of the turnpike may be issued by the appropriate state agency; and [PL 2007, c. 270, §2 (NEW).] B. The alternative evaluation and preference requirements of section 73 and rules adopted pursuant to that section are considered satisfied. [PL 2007, c. 270, §2 (NEW).] [PL 2007, c. 270, §2 (NEW).]
23 M.R.S. § 6008 — ME Code / Title 23 / Part 7 / Chapter 607 / Section 6008
23 §6008. Petitions for assessment of damages
Status: in_force

In all cases of petition to the commissioners of any county praying for the assessment of damages on account of any railroad corporation having taken lands in the county, the notice to the adverse party of the time and place of the hearing shall be a personal notice of 14 days or by publication of the petition and order of notice on the petition in some newspaper published in said county, 2 weeks successively, the last publication to be 14 days before the hearing. [PL 1987, c. 141, Pt. A, §4 (NEW).]
23 M.R.S. § 4421 — ME Code / Title 23 / Part 6 / Chapter 412 / Section 4421
23 §4421. Directors; appointment; president; vacancy
Status: in_force

The Maine Port Authority consists of a board of directors, referred to in this section as "the board." The board consists of 7 directors who must be broadly representative of the State and must have a background in international trade, marine transportation, finance or economic development. Five directors are appointed by the Governor, each to serve for 4 years. The Commissioner of Transportation serves as an ex officio member of the board and as chair of the board and president. The president of the Maine International Trade Center serves as an ex officio member of the board. The directors shall elect a vice-chair, treasurer and other officers as the board determines necessary. A vacancy must be filled for an unexpired term by the Governor. [PL 2007, c. 134, §4 (RPR).]

1. Meetings of directors; compensation. All the powers of the Maine Port Authority may be exercised by the board in lawful meeting and a majority of the directors is necessary for a quorum. Regular meetings of the board may be established by bylaw, and notice need not be given to the directors of a regular meeting. Each director, other than those who serve ex officio, is entitled to compensation in the amount of $100 per board meeting plus expenses, but only if the compensation is provided solely from the revenues of the Maine Port Authority. [PL 2007, c. 134, §4 (RPR).]

2. Actions at law or in equity. Actions at law or in equity in the courts of this State or before the Public Utilities Commission or Workers' Compensation Board may be brought by or against the Maine Port Authority as if it were a private corporation, except that its property may not be attached, trusteed or sequestered, but, if a judgment recovered against it is not paid within 30 days, its personal property may be seized on execution. [PL 2007, c. 134, §4 (RPR).]
23 M.R.S. § 244-B — ME Code / Title 23 / Part 1 / Chapter 3 / Section 244-B
23 §244-B. Replacement housing for tenants and certain others
Status: in_force

In addition to amounts otherwise authorized by this subchapter, the department shall make a payment to or for any displaced person displaced from any dwelling not eligible to receive a payment under section 244‑A which dwelling was actually and lawfully occupied by the displaced person for not less than 90 days prior to the initiation of negotiations for acquisition of the dwelling or in any case in which displacement is not a direct result of the acquisition of the dwelling or in such other event as the department prescribes. Payment shall be either: [PL 1989, c. 208, §§15, 21 (AMD).]

1. Lease or rent. The amount necessary to enable the displaced person to lease or rent for a period not to exceed 42 months a comparable replacement dwelling, but not to exceed the amount allowed under the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Public Law 91-646, as amended. At the discretion of the department, a payment under this subsection may be made in periodic installments. Computation of a payment under this subsection to a low-income displaced person for a comparable replacement dwelling must take into account the person's income; or [PL 2017, c. 295, §3 (AMD).]

2. Purchase. An amount to be used towards the purchase of a dwelling as follows. Any person eligible for a payment under subsection 1 may elect to apply the payment to a down payment, including incidental expenses described in section 244‑A, subsection 1, paragraph C , on the purchase of a decent, safe and sanitary replacement dwelling. The person may, at the discretion of the department, be eligible under this subsection for the maximum payment allowed under subsection 1, except that, in the case of a displaced homeowner who has owned and occupied the displacement dwelling for at least 90 days but not more than 180 days immediately prior to the initiation of negotiations for the acquisition of the dwelling, the payment shall not exceed the payment the person would otherwise have received under section 244‑A, subsection 1, paragraph A had the person owned and occupied the displacement dwelling 180 days or more immediately prior to the initiation of negotiations. [PL 1989, c. 208, §§15, 21 (AMD).]