An Act To
Maine Legislature, Session 128, LD 1311
Committee Amendment CA_A_H435 (House)
Amends: 23 MRSA §3104

COMMITTEE AMENDMENT"!+" to H.P. 908, L.D. 1311, Bill, "An Act To 
Amend the Law Regarding Lien Recordings on Statutory Road Associations" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Amend the Law Regarding Notice of Claim Recordings by Statutory 
Road Associations' 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 23 MRSA §3104, as amended by PL 2013, c. 198, § 10, 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 
notice of claim or process for the money's recovery, a description of the owners in general 
teffiIB as owners of parcels of land benefited by the private road, private way or bridge 12)'. 
name, clearly describing each owner's parcel of land by the book and page number of the 
owner's deed as recorded in the county's registry of deeds and the private road, private 
way or bridge, is sufficient. If the private road, private way or bridge is shown on a plan 
recorded in the county's registry of deeds, the plan's recording reference is sufficient. 
Such process is not abated by the death of any owner or by the transfer of any owner's 
interest. Any money owed pursuant to section 3101, 3102 or 3103 is an obligation that is 
personal to the owners of the subject parcels, jointly or severally, and also burdens the 
parcel and runs with the land upon the transfer of any owner's interest. After June 3 0, 
2018, any money owed pursuant to section 3101, 3102 or 3103 is not an obligation that 
burdens the parcel or runs with the land upon the transfer of any owner's interest unless a 
notice of claim is recorded in the county's registry of deeds prior to the transfer. A notice 
of claim filed in the registry of deeds expires 18 months from the date of recording unless 
extended prior to the expiration by recording of a notice of extension of the notice of 
claim. A recorded notice of claim may be extended for additional 18-month periods until 
the claim is paid. The commissioner or board may cause to be recorded in the county's 
COMMITTEE AMENDMENT 
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'I 
COMMITTEE AMENDMENT "A" to H.P. 908, L.D. 1311 
registry of deeds a notice of claim for money owed pursuant to section 3101, 3102 or 
3103 that is more than 90 days delinquent and may add to the amount owed the recording 
costs for filing the notice of claim. The recording of such notice does not constitute 
slander of title. Before recording such notice or service of process of a complaint for 
collection in a civil action, the commissioner or board shall give the owner against whom 
such action is to be taken written notice, in the same manner as written notices of 
meetings are provided for in section 3101, of the intended action if the debt is not paid 
within 20 days of the date of the written notice. This written notice to cure must be sent 
at least 3 0 days before the recording of the notice of claim or the service of process of the 
complaint for collection in a civil action.' 
SUMMARY 
This amendment replaces the bill but retains the provision that ensures that the 
obligations for assessments imposed by road associations are recorded in the registry of 
deeds. 
The amendment, like the bill, requires that the recording include the name of the 
owner of the parcel. 
The amendment provides that after June 30, 2018, in order for an obligation of an 
owner of a parcel of land benefited by a private way to burden the parcel and run with the 
land upon the transfer of the owner's interest, a notice of claim must be recorded in the 
county's registry of deeds. 
The amendment provides that a notice of claim expires 18 months from the date of 
recording unless it is extended prior to the expiration by recording of a notice of 
extension of the notice of claim. 
A recorded notice of claim may be extended for 
additional 18-month periods until the claim is paid. 
COMMITTEE AMENDMENT