An Act To Allow Road Associations To Determine Assessments According to Majority Vote Cast at a Duly Held Meeting
Maine Legislature, Session 123, LD 2102
Committee: Transportation
Sponsors: KNIGHT, NASS, HOBBINS, CONNOR, FAIRCLOTH, JOHNSON, MILLER, PRESCOTT, SMITH, THOMAS, WEAVER
Amends: 23 MRSA §3101, 23 MRSA §3102, 23 MRSA §3103, 23 MRSA §3104

Legislative Document 
No. 2102 
H.P. 1488 
House of Representati ves, December 27, 2007 
An Act To Allow Road Associations To Determine Assessments 
According to Majority Vote Cast at a Duly Held Meeting 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203. 
Reference to the Committee on Transportation suggested and ordered printed. 
Presented by Representative KNIGHT of Livermore Falls. 
7J/~ 
/J7.1Jld£~ 
MILLICENT M. MacFARLAND 
Clerk 
Cosponsored by Senator NASS of York, Senator HOBBINS of York and 
Representatives: CONNOR of Kennebunk, FAIRCLOTH of Bangor, JOHNSON of Greenville, 
MILLER of Somerville, PRESCOTT of Topsham, SMITH of Monmouth, THOMAS of 
Ripley, WEAVER of York. 
Pnnleu (Ill rn:yded paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 23 MRSA §3101, as amended by PL 2007, c. 162, § 1, is repealed and the 
following enacted in its place: 
§3101. Call of meetings; maintenance; repairs 
1. Definitions. As used in this section, "repairs and maintenance" does not include 
paving, except in locations where limited paving is demonstrated to be a cost-effective 
approach for fixing an erosion problem or to repair and maintain pavement existing as of 
July 1, 2007. 
2. Call of meeting. Except as provided in this section, when 4 or more parcels of 
land are benefited by a public easement, private way or bridge as an easement or by fee 
ownership of the public easement, private way or bridge, the owners of any 3 or more of 
the parcels, as long as at least 3 of the parcels are owned by different persons, may make 
l3 
written application to a notary public to call a meeting. The notary may issue a warrant 
setting forth the time, place and purpose of the meeting. If a warrant is issued, copies of 
the warrant must be mailed by United States Postal Service to the owners of all the 
parcels benefited by the public easement, private way or bridge at the addresses set forth 
in the municipal tax records at least 30 days before the date of the meeting. If mailing 
copies of the warrant to all such owners is not possible, the notary shall post a notice in a 
public place. The notice must inform the owners of the planned meeting's agenda and 
specify all items to be voted on. 
3. Quorum. A quorum for the transaction of business at all meetings held pursuant 
to this section is 50% of all votes, including proxies and absentee ballots. Each parcel of 
land benefited by a public easement, private way or bridge represents one vote. 
4. Board; repair and maintenance assessment. The owners of parcels of land 
benefited by a public easement, private way or bridge at a meeting called pursuant to 
subsection 2 may choose a board, to be sworn. By a majority vote, the owners may 
determine what repairs and maintenance are necessary and the materials to be furnished 
or amount of money to be paid by each owner for repairs and maintenance. The board 
shall report the outcome of all votes to all the owners by United States mail within 30 
days. Special assessments for emergency repairs and maintenance may be made at a duly 
held meeting called for that purpose. 
5. Commercial or forest management purposes. This section does not apply to 
ways constructed or primarily used for commercial or forest management purposes. 
Sec. 2. 23 MRSA §3102,as amended by PL 1999, c. 552, §2, is further amended 
to read: 
§3102. Board's duties; neglect of owners to pay 
The eommissioAer board chosen under section 3101, with respect to the public 
easement, private way or bridge, has the powers of a road commissioner. If any owner, 
on requirement of the eommissioAer board, neglects to furnish that owner's proportion of 
Page I - 123LR2737(Ol)-1 
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. The aommissioRer's 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 property valuation in any calendar year. 
Sec. 3. 23 MRSA §3103, as amend~ by PL 2005, c. 479, §1, is further amended 
to read: 
§3103. Contracts for repair; assessments 
The owners, at a meeting held under section 310 I, may by a majority vote authorize a 
contract to be made for making repairs to and keepiRg maintaining the public easement, 
II 
private way or bridge iR repair by the year or for a lesser time and may raise money for 
that purpose aRd ahoose assessors to assess it OR the OWRers iR proportioR to eaah o'Hfler's 
iRterest pursuant to section 3101, subsection 4. 
AR oWRer's iRterest is based OR the 
assessed vah:latioR for propeFt)' tax OR the o'NRer's parael that is beflefited by the pri'.'ate 
'Nay or bridge. 
The assessors shall deliver their assessmeRt 'Nith a warraRt for its 
eolleetioR to the eommissioRer. The warraRt mHst be iR sHbstaRee sHah as is preseribed 
for aolleatioR of tOWR taxes. The aommissioRer board shall collect the same money as 
town taxes are collected, and be liable for neglect of duty as town collectors are for 
similar neglects. 
Sec. 4. 23 MRSA §3104, as amended by PL 1997, c. 682, §2, is further amended 
to read: 
§3104. Penalties and process 
Money recovered under sections 3102 and 3103 is for the use of ~ 
the owners. In 
any process for its recovery, a description of the owners in general terms as owners of 
parcels of land benefited by the public easement, private way or bridge, clearly describing 
the public easement, private way or bridge, is sufficient. Such process is not abated by the 
death of any owner or by the transfer of any owner's interest. 
SUMMARY 
This bill amends the laws pertaining to road associations formed under the private 
ways laws by allowing them to make assessments using any method they choose that is 
endorsed by a majority vote at a duly held meeting. The bill establishes guidelines for 
notifying lot owners of any meeting scheduled to deal with maintenance and repair of the 
public easement, private way or bridge. The bill establishes a quorum that is necessary to 
hold a meeting and to vote on issues at the meeting. The bill establishes a board to run 
the meetings. The bill adds maintenance of a road to the laws pertaining to road repairs. 
The bill also adds public easements to the private ways laws.