An Act To Maintain Mail Routes and Access to Residential Structures
Maine Legislature, Session 128, LD 1588
Committee Amendment CA_A_H646 (House)
Amends: 23 MRSA §3026-A

COMMITTEE AMENDMENT "if.. to H.P. 1092, L.D. 1588, Bill, "An Act To 
Maintain Mail Routes and Access to Residential Structures" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Maintain Access to Property on Discontinued Roads' 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 23 MRSA §3026-A, sub-§1, as enacted by PL 2015, c. 464, §5, is 
amended to read: 
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 iH: this sooseetioa, "best 
praetieable notiee" means, at minimam, the mailing by the Uaited States Postal Serviee, 
postage prepaid, first elass, of Rotiee to almttmg property 0\¥1:lel'S 'llhose addresses appear 
iH: the assessment reeords of the ml:lH:ieipality. 
A. 
For a proposed discontinuance of a town way. the notice must include 
information regarding the potential discontinuance or retention of a public easement. 
including maintenance obligations for and the right of access to the way under the 
discontinuance or retention of a public easement. and information regarding the rights 
of abutting property owners to enter into agreements regarding maintenance of and 
access to the discontinued way. 
B. For a proposed discontinuance of a town way that is abutted by property not 
otherwise accessible by a public way, the notice must include information. in addition 
to the information required in paragraph A, regarding the right of abutting property 
owners to create private easements and the municipal requirements under subsection 
1-A. 
Paragraphs A and B apply to town ways that are not discontinued as of October 1, 2018. 
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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. 
Sec. 2. 23 MRSA §3026-A, sub-§1-A is enacted to read: 
1-A. Discontinuance after October 1, 2018 of a town way with abutting property 
not otherwise accessible. A municipality may not discontinue a town way that is not 
discontinued as of October 1. 2018 pursuant to this section if that town way is abutted by 
property not otherwise accessible by a public way. unless the municipal officers have 
complied with this subsection. 
A. The municipal officers shall wait one year from the date of notice provided 
pursuant to subsection 1, paragraph B before proceeding with the discontinuance 
process, to allow abutting property owners the opportunity to grant private easements 
that run with the title of the property owners' land for the purpose of allowing travel 
along the way for all abutting property owners and their lessees and guests. 
B. After the one-year waiting period required in paragraph A. the municipal officers 
may: 
(1) Proceed with the discontinuance process pursuant to this section, as long as a 
public easement is retained: or 
(2) If the municipal officers verify that private easements that run with the title 
of the property owners' land for the purpose of allowing travel along the way for 
all abutting property owners and their lessees and guests have been filed with the 
registry of deeds. proceed with the discontinuance process without retaining a 
public easement. 
Sec. 3. 23 MRSA §3026-A, sub-§4, as enacted by PL 2015, c. 464, §5, is 
amended to read: 
4. Approval of order of discontinuance and damage awards. Ten. or more 
business days after the publie hearing pursuant to subseetioR 3, the 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. 
The vote required by this subsection must be conducted 10 or more business days after 
the public hearing pursuant to subsection 3, except that. for a town way that is not 
discontinued as of October 1. 2018. in a municipality in which the municipal legislative 
body is the town meeting. the vote must be conducted at the next regularly scheduled 
annual town meeting. 
Sec. 4. 33 MRSA c. 7, sub-c. 1-B is enacted to read: 
SUBCHAPTER 1-B 
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COMMIITBE AMENDMENT..//• to H.P. 1092, L.D. 1588 
NONRESIDENTIAL PROPERTY DISCLOSURES 
§191. Definitions 
As used in this subchapter. unless the context otherwise indicates. the following 
terms have the following meanings. 
1. Nonresidential real property. "Nonresidential real property
means real estate 
that is not residential real property as defined in section 171. subsection 6. 
2. Public easement. "Public easement" has the same meaning as in Title 23. section 
3021. subsection 2. 
3. Town way. "Town way" has the same meaning as in Title 23. section 3021. 
subsection 3. 
§192. Applicability; exemptions 
This subchapter applies to the transfer of any interest in nonresidential real property. 
whether by sale. installment land contract. lease with an option to purchase or any other 
option to purchase. If a person licensed to practice real estate brokerage is involved in the 
transaction. the licensee is subject to the requirements of licensure in Title 32. chapter 
114. The following transfers are exempt from this subchapter: 
1. Court order. Transfers pursuant to court order. including. but not limited to. 
transfers ordered by a court in the administration of an estate. transfers pursuant to a writ 
of execution. transfers by any foreclosure sale. transfers by a trustee in bankruptcy. 
transfers by eminent domain and transfers resulting from a decree for specific 
performance: 
2. Default. Transfers to a mortgagee by a mortgagor or successor in interest who is 
in default or transfers to a beneficiary of a deed of trust by a trustor or successor in 
interest who is in default: 
3. Co-owner. Transfers from one or more co-owners solely to one or more other co-
owners: 
4. 
Testate; intestate succession. 
Transfers pursuant to testate or intestate 
succession: 
5. Divorce. Transfers between spouses resulting from a judgment of divorce or a 
judgment of separate maintenance or from a property settlement agreement incidental to 
such a judgment: 
6. Living trust. Transfers to a living trust: and 
7. Corrective deed. Transfers that. without additional consideration and without 
changing ownership or ownership interest. confirm. correct. modify or supplement a deed 
previously recorded. 
§193. Disclosures 
Unless the transaction is exempt under section 192. the seller of nonresidential real 
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property shall provide to the purchaser a property disclosure statement containing the 
following: 
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1. Roads on or abutting property. Information identifying any abandoned or 
discontinued town ways. any public easements and any private roads located on or 
abutting the property, if known by the seller: and 
2. Road maintenance. Information identifying the party or parties responsible for 
maintenance of any abandoned or discontinued town way. public ·easement or private 
road on or abutting the property identified pursuant to subsection 1, including any 
responsible road association, if known by the seller.' 
SUMMARY 
This amendment replaces the bill and changes the title. The amendment makes the 
following changes to the law governing discontinuance of town ways. 
1. It requires that notice of a proposed discontinuance of a town way include 
information regarding the potential discontinuance or retention of a public easement, 
including maintenance obligations for and the right of access to the way under the 
discontinuance or retention of a public easement, and information regarding the rights of 
abutting property owners to enter into agreements regarding maintenance of and access to 
the discontinued way. 
2. It requires that for a proposed discontinuance of a town way abutted by property 
not otherwise accessible by a public way the municipal officers provide additional notice 
to abutting property owners regarding their right to create private easements. 
3. It prohibits the municipality from proceeding with discontinuance of a town way 
abutted by property not otherwise accessible by a public way unless the municipal 
officers have first given the additional notice to abutting property owners and allowed 
one year for the abutting property owners to grant easements that run with the title of the 
property owners' land for the purpose of allowing travel along that way for all abutting 
property owners and their lessees and guests. If after one year the abutting property 
owners have not created such private easements, the town may discontinue the way, but 
only if a public easement is retained. If after one year the abutting property owners have 
created such private easements, the town officers may proceed with discontinuance 
without retaining a public easement. 
4. It specifies that for a municipality in which the municipal legislative body is the 
town meeting, a vote on the order of discontinuance must be conducted at the next 
regularly scheduled annual town meeting. 
5. It provides that the above changes apply only to town ways not discontinu,ed as of 
October 1, 2018. 
The amendment also requires a seller of nonresidential real estate to provide the 
purchaser a property disclosure statement that includes information about any abandoned 
or discontinued roads, public easements or private roads on or abutting the property, if 
known by the seller. 
The disclosure must also include information about who is 
responsible for maintenance of such roads or easements, including any responsible road 
association, if known by the seller. It exempts certain property transfers that do not 
involve a traditional seller and purchaser from these requirements. 
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