An Act To Implement the Recommendations from the Discontinued and Abandoned Roads Stakeholder Group
Maine Legislature, Session 126, LD 1177
Committee Amendment CA_A-SA_A_S463 (Senate)
Amends: 17 MRSA §3853-E, 23 MRSA §3026-A, 23 MRSA §3028

SENATE AMENDMENT '1\ "to COMMITTEE AMENDMENT "A" to S.P. 414, 
L.D. 1177, Bill, "An Act To Implement the Recommendations from the Discontinued and 
Abandoned Roads Stakeholder Group" 
Amend the amendment by inserting after the enacting clause the following: 
'Sec. 1. 17 MRSA §3853-E is enacted to read: 
§3853-E. Damage to public easement; discontinued or abandoned road 
1. 
Definitions. For the purposes of this section, the following terms have the 
following meanings. 
A. "Damage to a road" means damage to a road in a way that impedes reasonable 
access by motor vehicle to a property owner's property abutting the road. 
B. "Motor vehicle" has the same meaning as in Title 29-A, section 101, subsection 
42. 
2. 
Damage to roads. 
A person who causes damage to a road that has been 
discontinued or abandoned pursuant to Title 23, chapter 304 but in which a public 
easement exists commits a Class E crime. 
3. Application. This section does not apply to: 
A. A landowner operating a motor vehicle on land owned by that landowner; 
B. A person given permission by a landowner to operate a motor vehicle on land 
owned by that landowner; or 
C. A law enforcement officer who, in an emergency and in the scope of that law 
enforcement officer's employment, operates a motor vehicle on land owned by 
another. 
4. Restitution. When appropriate, the court may order restitution in accordance with 
Title 17-A, chapter 54 for damage to a road.' 
Amend the amendment in section 5 by striking out all of the first line (page 2, line 9 
in amendment) and inserting the following: 
'Sec. 5. 23 MRSA §3026-A is enacted to read:' 
SENATE AMENDMENT 
~, • 
~, 
SENATE AMENDMENT "A" to COMMITTEE AMENDMENT "A" to S.P. 414, L.D. 1177 
Amend the amendment in section 5 by striking out all of §3026-B (page 3, lines 19 to 
in amendment) 
Amend the amendment in section 7 in subsection 1 in the first line (page 4, line 26 in 
amendment) by striking out the following: "It Except as provided by subsection I-A, it" 
and inserting in its place the following: 'It' 
Amend the amendment by striking out all of sections 8 and 9 and inserting the 
following: 
'Sec. 8. 23 MRSA §3028, sub-§5 is enacted to read: 
5. Filing. If after the effective date of this subsection the municipal officers or a 
court determines that a town way has been abandoned pursuant to subsection 1, the 
municipal clerk shall file a record of this determination with the registry of deeds, the 
Department of Transportation and the municipality. The register of deeds shall record a 
document regarding an abandoned town way under the name of the town way, the name 
of the municipality and the names of the abutters.' 
Amend the amendment by striking out all of section 12 (page 6, lines I to 11 in 
amendment) and inserting the following: 
'Sec. 12. Municipalities authorized to develop road inventories. To the 
extent data are available, municipalities working collaboratively with the Department of 
Transportation may develop comprehensive road inventories identifying all town ways, 
abandoned town ways and discontinued town ways or any segments of those town ways, 
abandoned town ways and discontinued town ways.' 
Amend the amendment by relettering or renumbering any nonconsecutive Part letter 
or section number to read consecutively. 
SUMMARY 
This amendment amends Committee Amendment "A." The amendment: 
1. Strikes the provision in the committee amendment that requires a municipality to 
go through a discontinuance procedure in the 21 st year after a discontinuance certificate 
was originally filed; 
2. Removes the provision in the committee amendment that as of January 1,2015 the 
new discontinuance process will be the only means to terminate any interests held by a 
municipality for highway purposes; 
3. Requires determinations by municipal officers or a court that a town way has been 
abandoned to be recorded with the registry of deeds, the Department of Transportation 
and the municipality. The committee amendment requires recordation of determinations 
only by the municipal officers; 
4. Strikes the provision in the committee amendment that required municipalities to 
develop lists of town ways by January 1, 2016. This amendment instead authorizes 
municipalities to work collaboratively with the Department of Transportation to develop 
comprehensive road inventories; and 
SENA TE AMENDMENT 
~ 
,f· 
" I"t, 
t.~ 
SENATE AMENDMENT" A" to COMMITTEE AMENDMENT "A" to S.P. 414, L.D. 1177 
SPONSORED B~/;\ ItJdttIZ,I 
I t?rH'#~ 
COUNTY: Somerset 
nscALNOTI UQlIIIIID 
(See attlClled) 
SENATE AMENDMENT 
Approved: 03/27/14 
~ac 
LD 1177 
LR 1124(10) 
An Act To Implement the 'Recommendations from the Discontinued and Abandoned Roads 
Stakeholder Group 
Fiscal Note for Senate Amendment ';A:' to Committee Amendment "A" 
Sponsor: Sen. Thomas of Somerset 
Fiscal Note Required: Yes 
Fiscal Note 
Changes to Municipal Requirements 
Fiscal Detail and Notes 
The amendment eliminates the requirement that municipalities vote to reconsider a discontinuance 21 years after a 
certificate of discontinuance is filed and may only terminate a non-abandoned interest held for highway purposes 
through discontinuance. The requirement that municipalities must prepare and file with the registry of deeds and the 
Department of Transportation (DOT), by January 1, 2016, a list of all town ways maintained with public funds, 
discontinued since 1965 and abandoned since 1965 has now been made optional in this amendment. The amendment 
retains the committee amendment requirement that a record of abandonment be filed with the registry of deeds and 
DOT when municipal officers determine that a town way is presumed abandoned, but this amendment also requires 
this filing to occur if a court determines that a town way is presumed abandoned. 
The net effect of these changes on municipalities is less costs associated with listing certain town ways and filing 
certain certificates of discontinuance as compared to the committee amendment. 
LRl124(lO) - Fiscal Note - Page 1 of 1 
'.