An Act To Ensure a Public Process When Discontinuing or Abandoning a Public Road
Maine Legislature, Session 127, LD 1325
Committee Amendment CA_A_H558 (House)
Amends: 23 MRSA §3026-A, 23 MRSA §3027, 23 MRSA §3028, 23 MRSA §3029-A

COMMITTEE AMENDMENT "A " to H.P. 903, L.D. 1325, Bill, "An Act To 
Ensure a Public Process When Discontinuing or Abandoning a Public Road" 
Amend the bill by striking out all of the mandate preamble (page 1, lines 1 to 5 in 
L.D.) 
Amend the bill by striking out all of sections 5 to 10 and inserting the following: 
'Sec. 5. 23 MRSA §3026-A is enacted to read: 
§3026-A. Discontinuance of town ways 
A municipality may terminate in whole or in part any interests held by it for highway 
purposes. A municipality discontinuing a town way or public easement in this State must 
meet the following requirements. 
1. Notification of discontinuance to abutting property owners. The municipal 
officers shall give best practicable notice to all abutting property owners of a proposed 
discontinuance of a town way or public easement. As used in this subsection, "best 
practicable notice" means, at minimum, the mailing by the United States Postal Service, 
postage prepaid, first class. of notice to abutting property owners whose addresses appear 
in the assessment records of the municipality. 
2. Municipal officers meet to discuss proposed discontinuance and me order of 
discontinuance. The municipal officers shall discuss a proposed discontinuance of a 
town way or public easement at a public meeting and file an order of discontinuance with 
the municipal clerk that specifies: 
A. The location of the town way or public easement; 
B. The names of abutting property owners: 
C. The amount of damages, if any. determined by the municipal officers to be paid to 
each abutting property owner; and 
D. Whether or not a public easement is retained. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A 
"to H.P. 903, L.D. 1325 
If a proposal includes the discontinuance of a public easement. that must be stated 
explicitly in the order of discontinuance: otherwise. the public easement is retained. If a 
public easement is retained. all other interests of the municipality in the discontinued 
way. if any. pass to abutting property owners to the center of the way. If a public 
easement is not retained. all interests of the municipality in the discontinued way pass to 
abutting property owners to the center of the way. 
3. Public hearing. The municipal officers shall hold a public hearing on the order of 
discontinuance of a town way or public easement filed pursuant to subsection 2. 
4. 
Approval of order of discontinuance and damage awards. 
Ten or more 
business days after the public hearing pursuant to subsection 3. the municipal legislative 
body must vote upon the order of discontinuance submitted to it: 
A. To approve the order of discontinuance and the damage awards and to appropriate 
the money to pay the damages: or 
B. To disapprove the order of discontinuance. 
5. Certificate of discontinuance filed. The municipal clerk shall record an attested 
certificate of discontinuance after a vote by the municipal legislative body under 
subsection 4 in the registry of deeds. The certificate must describe the town way or 
public easement and the final action by the municipal legislative body. The date the 
certificate is filed is the date the town way or public easement is discontinued. The 
registry of deeds shall record a certificate of discontinuance under the name of the town 
way or public easement. the name of the municipality and the names of the abutting 
property owners. The municipal clerk shall provide a photocopy of the certificate to the 
Department of Transportation. Bureau of Maintenance and Operations. 
6. Utility easement. An easement for public utility facilities necessary to provide or 
maintain service remains in a discontinued town way regardless of whether a public 
easement is retained. Upon approval by a municipal legislative body of an order to 
discontinue a town way and retain a public easement, unless otherwise stated in the order. 
all remaining interests of the municipality. if any. pass to the abutting property owners in 
fee simple to the center of the way. 
Sec. 6. 23 MRSA §3027, sub-§1, as amended by PL 1987, c. 385, §1, is further 
amended to read: 
1. Vacation of ways. Whefe When proposed town ways have been described in a 
recorded subdivision plan and lots have been sold with reference to the plan, the 
municipal officers, after notice to the municipal planning board or office, may, on their 
own initiative, on petition of the abutting property owners or on petition of any person 
claiming a property interest in the proposed way, vacate in whole or in part proposed 
ways that have not been accepted. The municipal officers shall give best practicable 
notice, as defined in section~ 3026-A, subsection± 1 of the proposed vacation to 
owners of lots on the recorded subdivision plan and their mortgagees of record. The 
notice shall must conform in substance to the following form: 
NOTICE 
(The municipal officers of) (A petition has been filed with the municipal officers 
of) 
(Name of Town or City) 
(propose to) 
COMMITTEE AMENDMENT 
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COMMITIEE AMENDMENT" A 
"to H.P. 903, L.D. 1325 
(to vacate) the following (ways) (way) shown upon a subdivision plan (named) (dated) 
( and) recorded in the 
County Registry of Deeds, Book of 
Plans, Volume 
, Page ___ _ 
(Herein list or describe ways to be vacated) 
If the municipal officers enter an order vacating (these ways) (this way) any person 
claiming an interest in (these ways) (this way) (adverse to the claims of the petitioners) 
must, within one (1) year of the recording of the order, file a written claim thereof under 
oath in the 
County Registry of Deeds and must, within one hundred 
eighty (180) days of the filing of the claim, commence an action in the Superior Court in 
________ County in accordance with the Maine Revised Statutesi Title 23, 
section 3027-A. 
The municipal officers shall file an order of vacation with the municipal clerk that 
specifies the location of the way, the names of owners of lots on the recorded subdivision 
plan and the amount of damages, if any, determined by the municipal officers to be paid 
to each lot owner or other person having an interest in the way. Damages and reasonable 
costs as determined by the municipal officers shall must be paid by the petitioners, if any. 
Sec. 7. 23 MRSA §3028, sub-§5 is enacted to read: 
5. Filing. If after the effective date of this subsection the municipal officers, either 
on their own or after being presented with evidence of abandonment, determine that a 
town way has been discontinued by abandonment pursuant to subsection 1, the municipal 
clerk shall file a record of this determination with the registry of deeds. The absence of a 
filing of a determination of discontinuation by abandonment may not be construed as 
evidence against the status of abandonment. 
The registry 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 abutting property owners. The municipal clerk 
shall provide a copy of the document regarding an abandoned town way to the 
Department of Transportation, Bureau of Maintenance and Operations. 
Sec. 8. 23 MRSA §3029-A is enacted to read: 
§3029-A. Damage to public easement; cause of action 
1. Cause of action. An owner of property abutting a discontinued or abandoned 
road in which a public easement exists may bring a civil action in Superior Court for 
damages and injunctive relief against a person who causes damage to the road in a 
manner that impedes reasonable access by the property owner to the property owner's 
property by motor vehicle as defined in Title 29-A, section 101, subsection 42. 
2. Damages. 
Damages may be sought pursuant to subsection 1 in an amount 
reasonably necessary to restore the road to its condition prior to the use by the person 
against whom the action is brought. 
3. Attorney's fees and costs. If the plaintiff under subsection 1 is the prevailing 
party, the plaintiff may be awarded reasonable attorney's fees and costs. 
4. Application. This section does not apply to: 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A 
"to H.P. 903, L.D. 1325 
A. A law enforcement officer who, in an emergency and within the scope of that law 
enforcement officer's employment, operates a motor vehicle on a public easement: or 
B. An emergency responder who, in an emergency and while performing the duties 
of an emergency responder, operates a motor vehicle on a public easement.' 
Amend the bill by striking out all of section 12 and inserting the following: 
'Sec. 12. Municipality to develop or supplement list of town ways. A 
municipality may develop or update publicly available inventories relating to all known 
town ways or former town ways, or segments of town ways, discontinued and 
discontinued by abandonment within its municipal borders and share such inventories 
with the Department of Transportation, Bureau of Maintenance and Operations. 
Information pertaining to discontinued town ways may include a sufficient description of 
the town way or former town way, any known judicial determination regarding the status 
of a public easement on the former town way, the date of discontinuance and the 
governmental entity effecting the discontinuance. Information pertaining to town ways 
discontinued by abandonment may include a sufficient description of the town way or 
former town way, any known judicial determination regarding the status of a public 
easement on the former town way and the last known date of regular, publicly funded 
maintenance of the town way or former town way or segment of the town way. Boards of 
county commissioners, landowners, road associations, surveyors and other interested 
parties may share relevant information with municipalities and the Department of 
Transportation, Bureau of Maintenance and Operations. By November 1, 2018, the 
Department of Transportation shall share with the joint standing committee of the 
Legislature having jurisdiction over state and local government matters an update on the 
status of any road inventories developed by municipalities, including any noted 
challenges or obstacles associated with determining the status of roads discontinued for 
public maintenance by units of government other than the municipalities' legislative 
bodies.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment retains the new discontinuance process proposed in the bill for a 
municipality to actively terminate its interests in a public way. The bill requires that if a 
public easement is to be retained the municipal officers identify the extent of municipal 
maintenance and liability responsibilities and any restrictions on how the public may use 
the public easement. The amendment instead specifies that when filing an order of 
discontinuance the municipal officers must specify whether or not a public easement is 
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retained, and, if this is not specified, the public easement is retained. 
The new 
discontinuance process proposed in the bill specifies steps a municipality must follow to 
discontinue a road: the notification of proposed discontinuance to the abutting property 
owners; a meeting of municipal officers to discuss the proposed discontinuance and the 
filing of an order of discontinuance; a public hearing on the discontinuance; approval of 
the order of discontinuance by the municipal legislative body; and the filing of the 
certificate of discontinuance by the municipal clerk in the registry of deeds and with the 
municipality. The amendment adds that the municipal clerk must provide a photocopy of 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A" to H.P. 903, L.D. 1325 
the certificate to the Department of Transportation, Bureau of Maintenance and 
Operations and removes the requirement that the clerk file the certificate with the 
municipality. 
The amendment removes from the bill the requirement that abutters of a public 
easement must be granted a right-of-way prior to the filing of a certificate of 
discontinuance if a discontinuance order is approved. 
The amendment removes language in the bill that eliminates presumption of 
abandonment for ways that do not meet the statutory requirements by January 1, 2020. 
Statutory abandonment remains a means for a municipality to actively terminate its 
interests in a public way. 
The amendment retains the provision of the bill that provides that a public utility 
easement is in place whenever a road is discontinued, regardless of whether a public 
easement is retained. 
The amendment retains the provision of the bill that provides that a municipal clerk 
must file a record with the registry of deeds that a town way has been discontinued by 
abandonment if, either on their own or after being presented with evidence of 
abandonment, the municipal officers determine that a town way has been discontinued by 
abandonment. The amendment requires the municipal clerk to provide a copy of the 
document to the. Department of Transportation, Bureau of Maintenance and Operations. 
The amendment retains language in the bill regarding a cause of action for a property 
owner whose property abuts a discontinued or abandoned road with a public easement. 
The property owner may bring a civil action in Superior Court for damages and injunctive 
relief against a person who causes damage to the road. The amendment excludes law 
enforcement officers and emergency responders who damage the road while responding 
to an emergency from having a civil action filed against them. 
Instead of, as in the bill, allowing a municipality to prepare a list of all town ways in 
the municipality maintained with public funds, a list of all town ways discontinued since 
1965 and whether or not a public easement was retained and a list of all town ways 
abandoned since 1965 and whether or not a public easement was retained, the amendment 
allows a municipality to develop or update publicly available inventories of all known 
town ways and former town ways, or segments of town ways, that have been 
discontinued or discontinued by abandonment within its borders. Municipalities may 
include the following information on discontinued town ways: a description of the town 
way or former town way; any known judicial determination regarding the status of a 
public easement on the former town way; the date of the discontinuance; and the 
governmental entity effecting the discontinuance. 
Municipalities may include the 
following for town ways discontinued by abandonment: a description of the town way or 
former town way; any known judicial determination regarding the status of a public 
easement on the former town way; and the last known date of regular, publicly funded 
maintenance of the town way or former town way or segment of the town way. 
Municipalities may share their inventories with the Department of Transportation, Bureau 
of Maintenance and Operations. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A 
"to H.P. 903, L.D. 1325 
The Department of Transportation is required to update the joint standing committee 
of the Legislature having jurisdiction over state and local government matters by 
November 1, 2018 on the status of any road inventories developed by municipalities. 
The fiscal note on the amendment identifies a requirement in this amendment as a 
potential insignificant state mandate. 
In order to be a mandate pursuant to the 
Constitution of Maine, a provision must require a local unit of government to expand or 
modify its activities so as to necessitate additional expenditures from local revenue. The 
committee finds that the provisions identified as a potential mandate do not require a 
local unit of government to expand or modify its activities so as to necessitate additional 
expenditures from local revenue. 
The requirement in the amendment that a municipality make an appropriate filing in 
the registry of deeds if it makes a final determination that a road has been abandoned does 
not require an expansion or modification of activities so as to necessitate additional 
expenditures from local revenue since there is no requirement that a municipality 
abandon one of its roads or determine the road has been abandoned. The amendment 
requires only that a municipality take the appropriate legal step of recording a 
determination of abandonment if the municipality chooses to make such a determination. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
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Revised: 02/22/16 
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LD 1325 
LR 1363(02) 
An Act To Ensure a Public Process When Discontinuing or Abandoning a Public Road 
Fiscal Note for Bill as Amended by Committee Amendment 
1A
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Committee: State and Local Government 
State Mandates 
Required Activity 
Fiscal Note Required: Yes 
Fiscal Note 
Potential State Mandate - Unfunded 
Unit Affected 
Requires municipal clerks to file detenninations of abandomnent with the registry of Municipality 
deeds. 
Local Cost 
Insignificant 
statewide 
The required local activ;ities in this bill may represent a state mandate pursuant to the Constitution of Maine. If the bill 
does require a local unit of government to expand or modify its activities so as to necessitate additional expenditures 
from local revenue, the state mandate provisions of the Constitution of Maine require either: (1) General Fund 
appropriations be provided to fund at least 90% of any additional necessitated local costs of the mandate; or (2) a 
Mandate Preamble be added to the bill and two-thirds of the members of each House vote to exempt the mandate from 
the funding requirement. If the bill does represent a state mandate and neither one of these actions occurs, the local 
units of government will not be required to implement the mandated activities. 
· 
Fiscal Detail and Notes 
Additional costs to the Depariment of Transportation associated with receiving documents from municipal clerks and 
reporting on the status of any road inventories developed by municipalities can be absorbed within existing budgeted 
resources. 
LR1363(02) - Fiscal Note - Page 1 of 1