An Act To Amend the Law Regarding Lien Recordings on Statutory Road Associations
Maine Legislature, Session 128, LD 1311
Committee: Transportation
Sponsors: WADSWORTH, FREDETTE
Amends: 23 MRSA §3104

Legislative Document
No. 1311
H.P. 908
House of Representatives, April 4, 2017
An Act To Amend the Law Regarding Lien Recordings on Statutory 
Road Associations
Reference to the Committee on Transportation suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative WADSWORTH of Hiram.
Cosponsored by Representative: FREDETTE of Newport.
Be it enacted by the People of the State of Maine as follows: 
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 
terms as owners of parcels of land benefited by the private road, private way or bridge by 
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, if a notice of claim 
is recorded in the county's registry of deeds, also burdens the parcel and runs with the 
land upon the transfer of any owner's interest.  The commissioner or board may cause to 
be recorded in the county's 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.  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 30 days before the recording of the notice of claim or the service of process of the 
complaint for collection in a civil action. 
If the money owed pursuant to section 3101, 3102 or 3103 is paid, the commissioner 
or board shall cause to be prepared and recorded in the county's registry of deeds a release 
of any recorded notice of claim. 
SUMMARY 
This bill makes the following changes to the laws governing the repair and 
maintenance of private ways. 
1.  It requires any notice of claim or process for the recovery of money from the 
owner of a parcel of land benefited by a private way to include the name of the owner of 
the parcel. 
2.  It provides that 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. 
3.  It requires the road commissioner or road association board to prepare and record 
in the county's registry of deeds a release of a recorded notice of claim when money owed 
by an owner of a parcel of land benefited by a private way is paid.