An Act To Provide an Exemption from Road Association Payments for Landowners Whose Primary Access Is Not over the Road
Maine Legislature, Session 128, LD 0537
Committee Amendment CA_A_H531 (House)
Amends: 23 MRSA §3107

COMMITTEE AMEND1\.1ENT "A" to H.P. 381, L.D. 537, Bill, "An Act To 
Provide an Exemption from Road Association Payments for Landowners Whose Primary 
Access Is Not over the Road" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
1Sec.1. 23 MRSA §3107 is enacted to read: 
§3107. Exemption 
1. Exemption. Notwithstanding any other provision of this subchapter, an owner of 
a parcel of land benefited by a road that does not serve as the primary access route to the 
owner's parcel of land is exempt from all payments or assessments under this subchapter 
for repairs or maintenance relating to that road if the owner agrees to not use the road for 
any means of access to the parcel. whether by private vehicle or any other vehicle. 
For purposes of this section, 
11road
means a private road. private way or bridge subject to 
the provisions of this subchapter. 
2. Exemption claim; no responsibility for assessments; no voting rights. To 
claim the exemption under subsection · l, · an owner must provide written notice to the 
commissioner or board of the road association that the owner is claiming the exemption 
and agrees to not use the road. An owner who claims the exemption may not be assessed 
for repairs or maintenance of the road and has no voting rights in the road association 
while the exemption is in effect. 
3. Termination of exemption. The exemption under this section. terminates when: 
A. The owner provides written notice to the road association that the owner is 
terminating the exemption: 
B. 
The agreement is violated by use of the road by the owner and the road 
association provides written notice of the violation to the owner: or 
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COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A" to H.P. 381, L.D. 537 
C. The parcel is sold or transfen-ed, unless the new owner provides the notice under 
subsection 4. 
4. Transfer. If an owner that claims the exemption under this section sells or 
otherwise transfers the parcel of land, the owner shall provide written notice to the 
commissioner or board of the road association not more than 30 days after the sale or 
transfer of the parcel. If the new owner of the parcel wants to claim the exemption, the 
new owner of the parcel shall provide written notice to the road association claiming the 
exemption no more than 60 days after the transfer and is responsible for all future 
assessments if the exemption is not claimed. 
5. Assessments. An owner eligible for an exemption under this section is not liable 
for assessments made after the notice is provided under subsection 2. The owner is not 
entitled to refund or repayment of assessments actually paid by the owner prior to the 
notice claiming the exemption. An assessment may not be made against a parcel of land 
for the period of time during which an eligible owner has claimed an exemption. The 
owner is responsible for assessments made against the parcel after the exemption 
terminates. 
SUMMARY 
This amendment is the minority report of the Joint Standing Committee on Judiciary. 
. 
. 
. 
The amendment replaces the bill. The amendment provides that an owner of a parcel 
of land benefited by a private road, private way or bridge that does not serve as the 
primary access to that parcel is exempt from all payments or assessments for repairs or 
maintenance.relating to that private road, private way or bridge if the owner agrees to not 
use the private road, private way or bridge for any means of access to the parcel, whether 
by private vehicle or any other vehicle. 
An owner must claim the exemption by providing written notice to the commissioner 
or board of the road association. The owner is then not subject to assessments and has no 
voting rights in the association. 
An owner may terminate an exemption by notifying the road association in writing. 
The exemption is terminated if the no-use agreement is violated by the owner. The road 
association must provide written notice of the violation to the owner and the exemption 
then terminates, making the owner subject to ·assessments made after the termination·. 
The owner may then use the road and vote as a member of the road association and is 
responsible for payment of assessments going forward. 
An eligible owner who claims the exemption is not liable for assessments made after 
the notice claiming the exemption is provided to the road association. 
. 
. 
Assessments may not be made against a parcel of land for the period of time during 
which the exemption is in effect. An owner is responsible for assessments made against 
the parcel after the termination of the exemption. 
The exemption terminates when the parcel of land is sold or otherwise transfen-ed, 
although the new owner may continue the exemption by providing written notice 
claiming the exemption to the commissioner or board of the road association not more 
COMMITTEE AMENDMENT 
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COMMIITEE AMENDMENT "ff' to H.P. 381, L.D. 537 
than 60 days after the transfer and is responsible for all future assessments if the 
exemption is not renewed. 
COMMITTEE AMENDMENT.