An Act To Define the Responsibilities of Property Owners for the Maintenance and Repair of Private Roads”
Maine Legislature, Session 129, LD 1598
Committee Amendment CA_B_H804 (House)

COMMITTEE AMENDMENT “      ” to H.P. 1157, L.D. 1598, Bill, “An Act To 
Define the Responsibilities of Property Owners for the Maintenance and Repair of Private 
Roads”
Amend the bill by striking out everything after the enacting clause and inserting the 
following:
'Sec. 1.  23 MRSA c. 305, sub-c. 2-A is enacted to read:
SUBCHAPTER 2-A
MAINTENANCE OF PRIVATE ROADS
§3121.  Responsibility for cost of repairs to and maintenance of private roads
1.  Cost sharing.  If more than one property shares a common benefit from a private 
road, each property owner that shares the common benefit is responsible for a share of the 
cost of reasonable and necessary repairs to and maintenance of that private road 
determined pursuant to the terms of any agreement entered into to determine the share of 
the cost of reasonable and necessary repairs to and maintenance of the private road, any 
deed restriction, covenant or declaration applicable to the benefited property, any road 
association created pursuant to this chapter or otherwise or any method elected under 
section 3101, when applicable.  In the absence of any such agreement, restriction, 
covenant, declaration, road association or method elected under section 3101, each 
residential property owner, after reasonable due process and notice, shall share equally in 
the cost of reasonable and necessary repairs to and maintenance of the private road when 
the private road is the primary means of access to the benefited property.  For purposes of 
this subchapter, each residential property may be assessed only one share toward the 
collective cost of repairs and maintenance regardless of whether there are multiple 
owners of record for one property.
Date: 
(Filing No. H-          )
COMMITTEE AMENDMENT “      ” to H.P. 1157, L.D. 1598
COMMITTEE AMENDMENT
2.  Repairs and maintenance defined.  For the purposes of this subchapter, "repairs 
and maintenance" has the same meaning as set forth in section 3101, subsection 1, 
paragraph B.
3.  Enforcement.  If a residential property owner fails, after a demand in writing, to 
pay that owner's share of the cost of reasonable and necessary repairs to and maintenance 
of the private road in accordance with subsection 1, a legal claim for payment of the 
amount owed may be brought against the owner of the property by a residential owner or 
owners who share a common benefit in the road, either jointly or severally.
4.  Conflict.  In the event of any conflict between the provisions of this section and 
an agreement, restriction, covenant, declaration, road association or method elected in 
section 3101 existing on or entered into after the effective date of this section, the terms 
of the agreement, restriction, covenant, declaration, road association or method elected in 
section 3101 control.
5.  Exceptions.  This section does not apply to:
A.  A private road constructed or primarily used for commercial or forest 
management purposes;
B.  A property owner who issues a ground lease to a 3rd party who maintains a 
residence on the subject property.  For purposes of this section, a ground lease is an 
arrangement under which a property owner leases only land to a lessee and the lessee 
retains the rights to use the land and any improvements the lessee makes for the term 
of the lease; or
C.  Private roads located in Aroostook County.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively.
SUMMARY
This amendment is the minority report of the Joint Standing Committee on Judiciary.  
It replaces the bill.  It differs from the majority report in that it does not apply to private 
roads in Aroostook County.
The amendment enacts a new subchapter in the Maine Revised Statutes, Title 23, 
chapter 305, which concerns local road construction and repair, to address the 
responsibility for the repair and maintenance of private roads that benefit residential 
properties.  It is limited in application to residential properties only.  Unless there is an 
agreement, deed restriction, covenant or declaration or road association that specifies the 
cost to be paid by each owner of a benefited property, the cost is shared equally by the 
benefited properties.  Each residential property is subject to cost sharing, not each 
residential property owner; each residential property is assessed one share of the 
collective costs of repairs and maintenance regardless of whether there are multiple 
owners of record for that property.  An owner who fails to comply may be forced to 
comply through an action brought by other owners on the private road.
The amendment uses the definition of "repairs and maintenance" provided in the law 
that applies to road associations.
COMMITTEE AMENDMENT “      ” to H.P. 1157, L.D. 1598
COMMITTEE AMENDMENT
The provisions do not apply to a private road constructed or used primarily for 
commercial or forest management purposes, to a property owner who issues a ground 
lease to a 3rd party who maintains a residence on the subject property or to private roads 
in Aroostook County.  "Ground lease" is defined for the purposes of this law as an 
arrangement under which a property owner leases only land to the lessee and the lessee 
retains the rights to use the land and any improvements the lessee makes for the term of 
the lease.
FISCAL NOTE REQUIRED
(See attached)
Approved: 02/25/20
LD 1598
LR 1831(03)
Correctional and Judicial Impact Statements
This bill may increase the number of civil suits filed in the court system. 
The additional workload associated with the minimal number of new cases filed in the court system does not require 
additional funding at this time.  
The collection of additional filing fees may increase General Fund and other dedicated revenue by minor amounts.
Minor cost increase - General Fund
Minor revenue increase - General Fund
Minor revenue increase - Other Special Revenue Funds
An Act To Define the Responsibilities of Property Owners for the Maintenance and Repair of Private 
Roads
Fiscal Note for Bill as Amended by Committee Amendment " "
Committee: Judiciary
Fiscal Note Required: Yes
Fiscal Note
LR1831(03) - Fiscal Note - Page 1 of 1