An Act To Implement the Recommendations from the Discontinued and Abandoned Roads Stakeholder Group
Maine Legislature, Session 126, LD 1177
Committee Amendment CA_A-HA_A_H710 (House)
Amends: 23 MRSA §3026-C

HOUSE 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 MRS A §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.' 
Amend the amendment in section 5 in §3026-A in subsection 2 in paragraph D in the 
2nd line (page 2, line 30 in amendment) by inserting after the following: "their property" 
the following: 'in the same manner as prior to discontinuance' 
Amend the amendment by inserting after section 5 the following: 
'Sec. 6. 23 MRSA §3026-C is enacted to read: 
HOUSE AMENDMENT 
HOUSE AMENDMENT"f/" to COMMITTEE AMENDMENT "A" to S.P. 414, L.D. 1177 
§3026-C. Public easements over discontinued or abandoned town ways 
Notwithstanding section 3028, subsection 2, if a public easement is in a discontinued 
or abandoned town way and the public easement has not been discontinued as of January 
1, 2016 as evidenced by approval of an order of discontinuance, the public easement is 
deemed to have been retained by the municipality. This section does not apply to a 
public easement that is discontinued pursuant to section 3026-A.' 
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. Provides that a public easement in a discontinued or abandoned road has been 
retained if, as of January 1, 2016, there is no evidence of approval of an order of 
discontinuance by the municipal legislative body; 
2. Provides that a person who causes damage to a discontinued or abandoned road in 
which a public easement exists commits a Class E crime; and 
3. 
Clarifies the provision in the committee amendment that requires a public 
easement to be retained if the existing legal rights of abutting property owners to access 
their property will be eliminated. It provides that the access to the property must be in the 
same manner as prior to the discontinuance. 
FISCAL NOTE REQUIRED 
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SPONSORED BY: -b~~ 
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(Representative COTTA) 
TOWN: China 
HOUSE AMENDMENT 
, 
Approved: 03/18114 
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LD 1177 
LR 1124(04) 
An Act To Implement the Recommendations from the Discontinued and Abandoned Roads 
Stakeholder Group 
Fiscal Note for House Amendment If to Committee Amendment" " 
Sponsor: Rep. Cotta of China 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
Correctional and Judicial Impact Statements 
Establishes new Class E crimes. 
The collection of additional fines may also increase General Fund revenue by minor amounts. 
LRlI24(04) - Fiscal Note - Page 1 of 1