An Act To Standardize Water Lien Provisions
Maine Legislature, Session 122, LD 0244
Committee: Utilities and Energy
Sponsors: RICHARDSON, DA VIS, ANNIS, SHERMAN
Amends: 35-A MRSA §6111, 35-A MRSA §6111-A

Legislative Document 
No. 244 
H.P.183 
House of Representatives, January 18, 2005 
An Act To Standardize Water Lien Provisions 
Reference to the Committee on Utilities and Energy suggested and ordered printed. 
Presented by Representative RICHARDSON of Greenville. 
Cosponsored by Senator DA VIS of Piscataquis and 
'17/~/J7.~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: ANNIS of Dover-Foxcroft, RICHARDSON of Carmel, SHERMAN of 
Hodgdon. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 35-A MRSA §6111. as corrected by RR 1991, c. 1, §49, 
is repealed. 
Sec. 2. 35-A MRSA §6111-A is enacted to read: 
§6111-A. 
Liens for unpaid rates; mUltiunit residential 
rental property 
1. 
Liens for unpaid rates; consumer-owned water utilities. 
A consumer-owned water utility has a lien on real estate served 
by that consumer-owned water utility to secure the payment of 
unpaid rates. 
2. 
Rental 
prQperty; 
water~ilities. 
Not.liiJ~JH;;_tal.l(;ling 
section 706, when a landlord has applied for and is granted water 
utility service to a multiunit residential rental property, the 
water utility has a lien on the property and on any interest the 
landlord has in the multiunit residential rental property to 
secure payment for the water utili t~r' s service to that property 
with costs and with interest at a rate not to exceed the highest 
lawful rate set by the Treasurer of State for municipal taxes. 
3. 
Method 
and 
procedure. 
The 
method 
for 
obtaining, 
enforcing and receiving payment on 
a lien created under this 
section must be performed in the same manner and has the same 
effect and creates the 
same rights as provided in Title 38, 
section 1208 pertaining to the collection of unpaid rates by a 
sanitary district, except that a sanitary district lien createo. 
under Title 38, section 1208 continues with priority over a lien 
created under this section. 
The notice of impending automatic 
foreclosure must be substantially in the following form: 
TO: 
(insert name of water utility) 
NOTICE OF IMPENDING AUTOMATIC FORECLOSURE 
WATER LIEN 
Title 35-A M.R.S.A., section 6111-A 
IMPORTANT: DO NOT DISREGARD THIS NOTICE 
YOU WILL LOSE YOUR PROPERTY UNLESS 
YOU PAY THE CHARGES, COSTS AND INTEREST FOR WHICH 
A LIEN ON YOUR PROPERTY HAS BEEN CREATED BY THE 
(insert name of water utility) 
You are the party named on the Water Lien Certificate filed 
on ............ , 20.. and recorded in Book ..... , Page 
in 
the ....... County Registry Of Deeds. This (insert name of water 
Page l-LR1360 (1) 
utility) 
filing created 
a 
lien mortgage 
on 
the 
real estate 
described in the Water Lien Certificate. 
On 
......... , 
.. , 
the 
water 
lien 
mortgage 
will 
be 
foreclosed and your right to redeem the mortgage and recover your 
property by paying the charges and interest of the (insert name 
of water utility) that are owed will expire. 
If THE LIEN fORECLOSES, 
THE (insert name of water utility) WILL OWN 
YOUR PROPERTY, SUBJECT ONLY TO 
SANITARY DISTRICT AND MUNICIPAL TAX LIENS. 
If 
you 
cannot 
pay 
the 
outstanding 
charges, 
costs 
and 
interest that are the subject of this notice or the subject of 
installment payment arrangements that you have made with the 
(insert name of water utility), please contact me immediately to 
discuss this notice. 
.................. .. 
(insert name of water utility) Treasurer 
Sec. 3. 35-A MRSA ~6414-A. as 
~nactecl by PL 
2003, 
c. 
147, 
~4, is amended to read: 
§6414-A. Water utilities: rate collection and liens 
All persons, firms and corporations, whether 
or municipal, shall pay to the treasurer of any 
the 
rates 
established pursuant 
to 
chapter 
service used with respect to their real estate. 
public, private 
water district 
for 
the 
water 
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SUMMARY 
This bill expands current law with regard to the collection 
of 
unpaid 
water 
utility 
rates. 
Currently, 
water 
districts 
created by private and special law have a lien on property served 
by the district to secure payment of unpaid rates. 
This bill 
provides that all consumer-owned water utilities, which includes 
municipal water departments, have such liens. 
The bill preserves current law that provides that when 
i'I 
landlord has applied for and is granted water utility service to 
a multiunit residential rental property, a water utility, which 
includes any private water company or public water district or 
municipal water department, has a lien on the property and on any 
interest the landlord has in the mul tiuni t 
residential rental 
property to secure payment for the water utility's service to 
that property.