An Act Authorizing Municipalities To Establish Municipal Trails Further amend the bill by striking out everything after the enacting clause and before the summary and inserting in its place the following: Sec. I. 30·A MRSA §3108 is enacted to read: S3I08. Municipal trails A municipality may establish municipal trails in accordance with this section. For purposes of this section, municipal trail" means a series of tracts of land owned by the governmenL private landowners or both and provided for recreational use by the public. 1. Trail on municipal property. A municipality may establish a municipal trail on property owned by the municipality by an affirmative v9te of a majority of its legislative body. 2. Trail on nOnmunicipal property. A municipality may establish a municipal trail on nonmunicipally owned property by the acceptance of an easement or license from the property owner. A municipality's acceptance must be done by an affirmative vote of a majority of its legislative body. The easement or license may include, but is not limited to, intended public benefit, types of use, exclusions of use, hours of use, terms of easement Qr license and procedures for early termination. Page 1-LR1012(2) COMMITTEE A.MEND MEN T
Maine Legislature, Session 122, LD 0539
Committee Amendment CA_A_S338 (Senate)

COMMITTEE AMENDMENT A" to S.P. 165, L.D. 539, Bill, 
Act Authorizing Municipalities To Establish Walking Trails" 
"An 
Amend the bill by striking out the title and substituting 
the following: 
'An Act Authorizing Municipalities To Establish Municipal Trails' 
Further amend the bill by striking out everything after the 
enacting clause and before the summary and inserting in its place 
the following: 
'Sec. I. 30·A MRSA §3108 is enacted to read: 
S3I08. 
Municipal trails 
A municipality may establish municipal trails in accordance 
with this section. 
For purposes of this section, 
"municipal 
trail" means a series of tracts of land owned by the governmenL 
private landowners or both and provided for recreational use by 
the public. 
1. 
Trail 
on municipal 
property. 
A municipality 
may 
establish a municipal trail on property owned by the municipality 
by an affirmative v9te of a majority of its legislative body. 
2. 
Trail on nOnmunicipal property. 
A municipality may 
establish a municipal trail on nonmunicipally owned property by 
the acceptance of an easement or license 
from the property 
owner. 
A 
municipality's 
acceptance 
must 
be 
done 
by 
an 
affirmative vote of a majority of its legislative body. 
The 
easement or license may include, but is not limited to, intended 
public benefit, types of use, exclusions of use, hours of use, 
terms of easement Qr license and procedures for early termination. 
COMMITTEE A.MEND MEN T 
t~ 
~. 
COMMITTEE AMENDMENT ·A .. to S.P. 165, L.D. 539 
3. 
_0 
duty 
concerning 
construction, 
grooming 
or 
maintenance. 
The establishment of a municipal trail does not 
create any duty upon the municipality or any private property 
owner who grants an easement pursuant to subsection 2 regarding 
the construction, grooming or maintenance of the municipal trail. 
4. 
Liability. 
The 
Maine 
Tort Claims 
Act 
governs 
the 
liability of the municipality for that portion of the trail owned 
by the municipality or other governmental entity. 
Title 14, 
section l59-A governs the liability of any other owner. 
5. 
Posting. 
The municipality shall post permitted uses and 
hours of use for each municipal trail established under this 
section. 
6. 
Bot a public g,y. 
A municipal trail is not a "public 
way" pursuant to Title 23, Part 3. 
7. 
Discontinuance. 
The municipality 
may 
discontinue 
a 
municipal trail by an affirmative vote of its legislative body. 
8. 
Hot ezcluiive. 
Notwithstanding this section. pursuant 
to home rule authority, a municipality may establish a procedure 
for the creation of municipal trails that is different from the 
procedure established in this section.' 
SUMMARY 
This amendment is the minority report of the Joint Standing 
Committee on Judiciary. 
This 
amendment 
replaces 
the 
bill. 
It 
establishes 
a 
simplified 
optional 
framework 
for 
the 
public, 
nonprofit 
organizations and municipal government to establish trails. 
It 
does 
not 
affect 
the liability of municipalities 
or private 
landowners already established under current law. 
COMMITTEE AMENDMENT