An Act To Maintain Mail Routes and Access to Residential Structures
Maine Legislature, Session 128, LD 1588
Committee: State and Local Government
Sponsors: HILLIARD
Amends: 23 MRSA §3026-A, 23 MRSA §3026-B, 23 MRSA §3028, 23 MRSA §3201, 23 MRSA §3202

Legislative Document
No. 1588
H.P. 1092
House of Representatives, May 9, 2017
An Act To Maintain Mail Routes and Access to Residential 
Structures
Reference to the Committee on State and Local Government suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative HILLIARD of Belgrade.  (GOVERNOR'S BILL)
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  23 MRSA §3026-A, sub-§2, as enacted by PL 2015, c. 464, §5, is 
amended to read: 
2.  Municipal officers meet to discuss proposed discontinuance and file 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. 
If a proposal includes the discontinuance of a town way without retention 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 The public easement may not be discontinued if it provides the sole 
access to any property.  If a public easement is retained, the purpose for the public 
easement must be stated in the order and the municipality is responsible for keeping the 
easement passable for that purpose.  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. 
Sec. 2.  23 MRSA §3026-B is enacted to read: 
§3026-B.  Maintenance of town ways providing access to residential structures 
Notwithstanding section 3026-A, a town may not discontinue a way on which there is 
a residential structure if that way is the only way that provides access to that residential 
structure.  A town is required to keep passable for use by motor vehicles a way that is 
prevented from being discontinued pursuant to this section. 
Sec. 3.  23 MRSA §3028, sub-§1, as enacted by PL 1991, c. 195, is amended to 
read: 
1.  Presumption of abandonment.  It is prima facie evidence that a town or county 
way not kept passable for the use of motor vehicles at the expense of the municipality or 
county for a period of 30 or more consecutive years has been discontinued by 
abandonment.  A presumption of abandonment may be rebutted by evidence that 
manifests a clear intent by the municipality or county and the public to consider or use the 
way as if it were a public way or by evidence that there is a residential structure that 
depends upon the way for its sole access as described in section 3026-B.  A proceeding to 
discontinue a town or county way may not prevent or estop a municipality from asserting 
a presumption of abandonment.  A municipality or its officials are not liable for 
nonperformance of a legal duty with respect to such ways if there has been a good faith 
reliance on a presumption of abandonment.  Any person affected by a presumption of 
abandonment, including the State or a municipality, may seek declaratory relief to finally 
resolve the status of such ways.  A way that has been abandoned under this section is 
relegated to the same status as it would have had after a discontinuance pursuant to 
section 3026, except that this status is at all times subject to an affirmative vote of the 
legislative body of the municipality within which the way lies making that way an 
easement for recreational use 3026-A.  A presumption of abandonment is not rebutted by 
evidence that shows isolated acts of maintenance, unless other evidence exists that shows 
a clear intent by the municipality or county to consider or use the way as if it were a 
public way. 
Sec. 4.  23 MRSA §3201 is amended to read: 
§3201.  Removal required; damages 
When any ways are public way is blocked or encumbered with snow, the road 
commissioner shall forthwith cause so much of it the snow to be removed or trodden 
down as will render them the way passable. The town may direct the manner of doing it. 
In case of sudden injury to public ways or bridges, he the road commissioner shall 
without delay cause them to be repaired. All damage, accruing to a person in his the 
person's business or property through neglect of such road commissioner or the municipal 
officers of such town to so render passable public ways that are blocked or encumbered 
with snow, within a reasonable time, may be recovered of such town by a civil action. 
Sec. 5.  23 MRSA §3202 is amended to read: 
§3202.  Mail routes; snow fences 
There shall be furnished and kept in repair in each section of the town through which 
there is a mail route some effectual apparatus for opening ways obstructed by snow, to be 
used to break and keep open the way to the width of 10 feet, and the Wherever there is an 
established mail route over a right-of-way held by a municipality, the municipal officers 
of the municipality shall ensure that the way is kept safe for the use of the mail carrier 
throughout the year in accordance with United States Postal Service regulations.  When 
any municipality fails to keep an established mail route safe for the mail carrier, 
responsible persons may proceed as provided under sections 3652, 3653 and 3654.  All 
damage accruing to a person, business or property through neglect of such municipal 
officers to render the way passable for the mail carrier within a reasonable time may be 
recovered of such municipality by a civil action.  The municipal officers of towns, or any 
road commissioner under their direction, may take down fences upon the line of public 
highways when they deem determine it necessary to prevent the drifting of snow therein 
on those public highways, but they shall the fences must in due season be replaced, in as 
good condition as when taken down, without expense to the owner.  
SUMMARY 
This bill prohibits a municipality from discontinuing a road on which there is a 
residential structure that depends upon the road for its sole access and requires the 
municipality to plow snow from that road and keep it passable.  The bill allows for the 
rebuttal of the presumption of abandonment of a public way if there is a residential 
structure that depends on the way for its sole access.  The bill requires municipalities to 
maintain mail routes in accordance with United States Postal Service regulations.