An Act To Require the Maintenance of a Discontinued Public Road That Provides the Sole Access to One or More Residences
Maine Legislature, Session 130, LD 1513
Committee: State and Local Government
Sponsors: NEWMAN, PICKETT
Amends: 23 MRSA §3651, 23 MRSA §3652

Legislative Document
No. 1513
H.P. 1121
House of Representatives, April 15, 2021
An Act To Require the Maintenance of a Discontinued Public Road 
That Provides the Sole Access to One or More Residences
Received by the Clerk of the House on April 13, 2021.  Referred to the Committee on State 
and Local Government pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint Rule 
401.
ROBERT B. HUNT
Clerk
Presented by Representative NEWMAN of Belgrade.
Cosponsored by Representative: PICKETT of Dixfield.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  23 MRSA §3651, first ¶, as amended by PL 1977, c. 363, §5, is further 
amended to read:
Highways, town ways and streets legally established shall must be opened and kept in 
repair so as to be safe and convenient for travelers with motor vehicles.  In default thereof, 
those liable may be indicted, convicted and a reasonable fine imposed therefor.  
Notwithstanding this paragraph, if a road or a discontinued town way pursuant to section 
3026-A in which a town holds a public easement is the only road or way that can be used 
to access one or more residences and the town issues permits for residential use of 
residences or collects property taxes on those residences, the town is not required to keep 
the road or way safe and convenient for travelers with motor vehicles but must provide 
sufficient maintenance to keep the road or way passable to access the residences on the 
road or way, as determined by the county commissioners.
Sec. 2.  23 MRSA §3652 is amended to read:
§3652.  Notice of defect; hearing on petition
When a town liable to maintain a way unreasonably neglects to keep it in repair as 
provided in section 3651, after one of the municipal officers has had 5 days' actual notice 
or knowledge of the defective condition, any 3 or more responsible persons, or one or more 
residents on the road or the discontinued town way pursuant to section 3026-A in which a 
town holds a public easement if that road or way is the only road or way that can be used 
to access one or more residences as provided in section 3651, may petition the county 
commissioners for the county, setting forth such facts, who, if satisfied that such petitioners 
are responsible for the costs of the proceedings, shall fix a time and place near such 
defective way for a hearing on such petition and cause such notice thereof to be given to 
the town and petitioners as they may prescribe.  At the time appointed, the commissioners 
shall view the way alleged to be out of repair and hear the parties interested, and if they 
adjudge the way to be unsafe and inconvenient for travelers, motor vehicles, horses, teams 
and carriages, or in the case of a road or a discontinued town way pursuant to section 
3026-A in which a town holds a public easement if that road or way is the only road or way 
that can be used to access one or more residences as provided in section 3651 adjudge the 
road or way to be not passable, they shall prescribe what repairs shall be made, fix the time 
in which the town shall make them, give notice thereof to the municipal officers and award 
the costs of the proceedings against the town.  If they adjudge the way to be safe and 
convenient, or in the case of a road or a discontinued town way pursuant to section 3026-A 
in which a town holds a public easement if that road or way is the only road or way that 
can be used to access one or more residences as provided in section 3651 adjudge the road 
or way to be not passable to access the resources on the road or way, they shall dismiss the 
petition and award the costs against the petitioners.  If they find that the way was defective 
at the time of presentation of the petition, but has been repaired before the hearing, they 
may award the costs against the town, if in their judgment justice requires it.
SUMMARY
This bill requires that when a road or a discontinued town way pursuant to section 
3026-A in which a town holds a public easement is the only road or way that can be used 
to access one or more residences and the town issues permits for residential use of 
residences or collects property taxes on those residences, the town is not required to keep 
the road or way safe and convenient for travelers with motor vehicles but must provide 
sufficient maintenance to keep the road or way passable to access the residences on the 
road or way, as determined by the county commissioners.