An Act To Amend the Private Way Laws with Regard to Road Associations (AFTER DEADLINE)
Maine Legislature, Session 124, LD 1315
Sponsors: DUCHESNE, GOODALLofSagadahoc, EBERLE, KNAPP, NASS
Amends: 23 MRSA §3101

FIRST P..EGULAR SESSION-2009 
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Legislative Document 
No. 1315 
H.P.918 
House of Representatives, March 31, 2009 
An Act To Amend the Private Way Laws with Regard to Road 
Associations 
(AFTER DEADLINE) 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
205: 
Reference to the Committe~ on Transportation suggested and ordered printed. 
Presented by Representative DUCHESNE of Hudson. 
Cosponsored by Senator GOODALLofSagadahoc and 
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MILLICENT M. MacFARLAND 
Clerk 
Representatives: EBERLE of South Portland, KNAPP of Gorham, Senator: NASS of York. 
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Be it enacted by the People ofthe State of Maine as follows: 
Sec. 1. 23 MRSA §3101, sub-§2, as enacted by PL 2007, c. 625, §1, is amended 
to read: 
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2. Call of meeting. When 4 or more parcels of land are benefited by a private road, 
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private way or bridge as an easement or by fee ownership of the private road, 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 written application to a notary public to call a 
meeting to address the repair and maintenance of the private road, private way or bridge. 
The meeting may also be used to choose a commissioner or board pursuant to subsection 
5, to form a road association and to develop bylaws of the association. The notary. may 
issue a warrant or similar written notice setting forth the time, place and purpose of the 
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meeting. Copies of the warrant or similar written notice must be mailed by means of the 
United States Postal Service to the owners of all the parcels benefited by the private road, 
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 or similar written 
notice to all such mvners 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. 
Subsequent meetings may be called in the same manner or by a 
commissioner or board appointed at a previous meeting pursuant to subsection 5. 
Sec. 2. 23 MRSA §3101, sub-§4-A is enacted to read: 
4-A. Road associations. A road association through its commissioner or board may 
address present and futUre repair and maintenance of a private road, private way or bridge 
until the association is dissolved by a majority vote of its members. 
Sec. 3. 23 MRSA §3101, sub-§5-A is enacted to read: 
5-A. Easements. A road association under this section may negotiate an easement 
for the installation of a ditch, drain, culvert or other storm water management 
infrastructure to benefit the road. The easement must specify when a ditch, drain, culvert 
or other storm water management infrastructure must be maintained and include 
reasonable performance standards to guide the timing and extent of its upkeep and repair. 
The easement must also be recorded at the registry of deeds in the county in which the 
property subject to the easement is located. A ditch, drain, culvert or other storm water 
management infrastructure subject to an easement under this subsection must be under 
the control of and maintained by the road association. 
34. 
Sec. 4. 23 MRS A §3105 is amended to read: 
§3105. Use of town equipment 
The inhabitants of' any town or village corporation at a legal town or village 
corporation meeting may authorize the selectmen municipal officers of the town or 
. assessors of the village corporation to use its highway equipment on private ways within 
such town or village corporation, whenever such selectmen municipal officers or 
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assessors deem consider it advisable in the best interests of the town or village 
corporation for fire and police protection and water quality protection. 
SUMMARY 
This bill clarifies the reasons why a group of property owners benefitted by a private 
way may call a meeting of a road association, what issues a road association may address 
and the ability of a road association to negotiate an easement for storm water 
management infrastructure. This bill also allows a town to use town equipment on a 
private way for water quality management. 
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