An Act to Further Clarify the Meaning of "Private Road" and Public Easement" in Certain Provisions of Maine Law
Maine Legislature, Session 131, LD 2264
Committee: State and Local Government
Amends: 23 MRSA §3101, 23 MRSA §3102, 23 MRSA §3103, 23 MRSA §3104, 23 MRSA §3105-A, 23 MRSA §3106, 29-A MRSA §2322, 29-A MRSA §2323

Legislative Document
No. 2264
S.P. 982
In Senate, March 12, 2024
An Act to Further Clarify the Meaning of "Private Road" and 
"Public Easement" in Certain Provisions of Maine Law
Reported by Senator NANGLE of Cumberland for the Joint Standing Committee on State 
and Local Government pursuant to Public Law 2023, chapter 387, section 4.
Reference to the Committee on State and Local Government suggested and ordered printed 
pursuant to Joint Rule 218.
DAREK M. GRANT
Secretary of the Senate
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  23 MRSA c. 305, sub-c. 2, headnote is amended to read:
SUBCHAPTER 2
PRIVATE WAYS ROADS AND PUBLIC EASEMENTS
Sec. 2.  23 MRSA §3101, as amended by PL 2023, c. 387, §1, is further amended to 
read:
§3101.  Call of meetings; maintenance; repairs
1.  Definitions.  As used in this subchapter, unless the context otherwise indicates, the 
following terms have the following meanings.
A.  "Private way" means a public easement "Public easement" has the same meaning 
as defined in section 3021, subsection 2.
A-1.  "Private road" means a privately owned way over which there is no public right 
of access.
B.  "Repairs and maintenance" does not include paving, except in locations where 
pavement does not exist if approved by an affirmative vote of at least 3/4 of the owners 
of all the parcels benefited by the private road, private way public easement not 
repaired or maintained year round by a municipality or bridge at a meeting called in 
accordance with subsection 2 or in locations where limited paving is demonstrated to 
be a cost-effective approach for fixing an erosion problem or to repair and maintain 
pavement existing for at least 8 years.  "Maintenance" includes, but is not limited to, 
snowplowing, snow removal, sanding and ice control; grading and adding gravel and 
surface material; installing reclaimed asphalt or grinding existing pavement for reuse; 
installing, cleaning and replacing culverts; creating and maintaining ditches, drains and 
other storm water management infrastructure; creating and maintaining sight distances 
on curves and at intersections; and cutting brush, trees and vegetation in the right-of-
way.
2.  Call of meeting.  When 4 or more parcels of land are benefited by a private road, 
private way public easement not repaired or maintained by a municipality or bridge as an 
easement or by fee ownership of the private road, private way public easement or bridge, 
the owners of any 3 or more of the parcels, as long as at least 3 of the parcels are owned by 
different persons, may make written application to a notary public to call a meeting.  The 
notary may issue a warrant or similar written notice setting forth the time, place and purpose 
of the meeting.  Copies of the warrant or similar written notice must be mailed by means 
of the United States Postal Service to the owners of all the parcels benefited by the private 
road, private way public easement or bridge at the addresses set forth in the municipal tax 
records at least 30 days before the date of the meeting.  The notice must inform the owners 
of the planned meeting's agenda and specify all items to be voted on, including, but not 
limited to, all proposed budget items or amendments that will determine the amount of 
money to be paid by each owner pursuant to subsection 5.  Subsequent meetings may be 
called in the same manner or by a commissioner or board appointed at a previous meeting 
pursuant to subsection 5.
3.  E-mail.  E-mail may be used as an alternative to United States mail for sending 
notices and other materials under this section with the agreement of the receiving party as 
long as the communication includes the current address and telephone number of the sender 
for purposes of verification.
4.  Voting.  Each parcel of land benefited by a private road, private way public 
easement not repaired or maintained by a municipality or bridge represents one vote under 
this section; except that, if the bylaws of the association authorize more than one vote, then 
each parcel may represent no more than 2 votes under this subsection.  The call to a meeting 
may state that an owner may elect in writing to appoint another owner to vote in the owner's 
stead.  Owners voting by absentee ballot must be polled on all voting items that were not 
included in the agenda and the final tally must be reported to the owners.
4-A.  Road associations.  A road association under this subchapter through its 
commissioner or board may address present and future repair and maintenance of a private 
road, private way public easement not repaired or maintained by a municipality or bridge 
as authorized by the owners at meetings called and conducted pursuant to this section until 
the association is dissolved by a majority vote of its members.
5.  Commissioner or board; assessment for repair, maintenance and other costs.  
The owners of parcels of land benefited by a private road, private way public easement not 
repaired or maintained by a municipality or bridge at a meeting called pursuant to 
subsection 2 may choose a commissioner or board, to be sworn. By a majority vote of the 
owners present and voting in person or by written proxy or absentee ballot, the owners may 
determine what repairs and maintenance are necessary and the materials to be furnished or 
amount of money to be paid by each owner for repairs and maintenance and may determine 
the amount of money to be paid by each owner for other costs, including, but not limited 
to, the cost of liability insurance for the officers, directors and owners and costs of 
administration. The determination of each owner's share of the total cost must be fair and 
equitable and based upon a formula provided for in the road association's bylaws or adopted 
by the owners at a meeting called and conducted pursuant to this section.  The 
commissioner or board shall report the outcome of all votes to all the owners by United 
States mail within 30 days. Special assessments for emergency repairs and maintenance 
may be made at a duly held meeting called for that purpose.  Emergency repairs and 
maintenance are those actions necessary to maintain or restore the functionality of the 
private road, private way public easement or bridge.
5-A.  Easements.  A road association under this subchapter may negotiate an easement 
for the installation of a ditch, drain, culvert or other storm water management infrastructure 
to benefit the private road, private way public easement not repaired or maintained by a 
municipality or bridge.  The easement must specify when a ditch, drain, culvert or other 
storm water management infrastructure must be maintained and include reasonable 
performance standards to guide the timing and extent of its upkeep and repair.  The 
easement must also be recorded at the registry of deeds in the county in which the property 
subject to the easement is located.  A ditch, drain, culvert or other storm water management 
infrastructure subject to an easement under this subsection must be under the control of and 
maintained by the road association.
6.  Commercial or forest management purposes.  This section does not apply to a 
private road, private way public easement or bridge constructed or primarily used for 
commercial or forest management purposes.
7.  Immunity from suit.  A commissioner, board or owner of a parcel of land who 
undertakes activities of a road association under this subchapter is immune from civil 
liability in all actions by owners or lessees of other lots for the following activities:
A.  The determination of repairs and maintenance to be undertaken;
B.  The determination of materials to be furnished or amount of money to be paid by 
each owner for repairs and maintenance;
C.  The collection of the money from each owner; and
D.  The awarding of a contract authorized under section 3103.
8.  Environmental violations.  Notwithstanding subsection 7, a commissioner, board 
or owner of a parcel of land is not immune from an enforcement action for a violation of 
law under the jurisdiction of the Department of Environmental Protection or a municipality.
9.  Insurance.  A road association under this subchapter may purchase liability 
insurance to defend and indemnify the road association's officers, directors and owner 
members for any and all claims of liability or violation of law concerning the private road, 
private way public easement not repaired or maintained by a municipality or bridge and 
may include the costs of such insurance in the determination of each owner's share of the 
total cost under subsection 5.
Sec. 3.  23 MRSA §3102, as amended by PL 2013, c. 198, §8, is further amended to 
read:
§3102.  Commissioner's or board's duties; neglect of owners to pay
The commissioner or board chosen under section 3101, with respect to the private road, 
private way public easement not repaired or maintained by a municipality or bridge, has 
the powers of a road commissioner.  If any owner, on requirement of the commissioner or 
board, neglects to furnish that owner's proportion of labor, materials or money, the same 
may be furnished by the other owners and recovered of the owner neglecting to pay in a 
civil action, together with costs of suit and reasonable attorney's fees.  Such civil action 
may be brought in the name of and by the road association created pursuant to this 
subchapter and the decision to bring that civil action may be made by the commissioner or 
board or as otherwise provided for in the road association's bylaws.  The commissioner's 
or board's apportioning of the cost of repairs to the road undertaken pursuant to the 
provisions of section 3101 may not exceed 1% of an individual owner's municipal property 
valuation in any calendar year.
Sec. 4.  23 MRSA §3103, sub-§1, as enacted by PL 2023, c. 387, §2, is amended to 
read:
1.  Contract for repair.  A contract for repairs or maintenance to the private road, 
private way public easement not repaired or maintained by a municipality or bridge by the 
year or for a lesser time and may raise money for that purpose pursuant to section 3101, 
subsection 5; and
Sec. 5.  23 MRSA §3104, as amended by PL 2023, c. 387, §3, 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 as owners 
of parcels of land benefited by the private road, private way public easement not repaired 
or maintained by a municipality 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 public easement or bridge, is sufficient.  If the 
private road, private way public easement 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 also burdens the parcel and runs with the 
land upon the transfer of any owner's interest.  After June 30, 2018, any money owed 
pursuant to section 3101, 3102 or 3103 is not an obligation that burdens the parcel or runs 
with the land upon the transfer of any owner's interest unless a notice of claim is recorded 
in the county's registry of deeds prior to the transfer.  A notice of claim filed in the registry 
of deeds expires 6 years from the date of recording unless extended prior to the expiration 
by recording of a notice of extension of the notice of claim.  A recorded notice of claim 
may be extended for additional 6-year periods until the claim is paid.  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 for filing the notice of claim.  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.
Sec. 6.  23 MRSA §3105-A, as enacted by PL 2009, c. 501, §2, is amended to read:
§3105-A.  Use of town equipment
The inhabitants legislative body of any town or village corporation at a legal town or 
village corporation meeting may authorize the municipal officers of the town or assessors 
of the village corporation to use its highway equipment on private ways public easements 
within such town or village corporation to plow, maintain and repair those public easements 
to the extent directed by the legislative body and whenever such municipal officers or 
assessors consider it advisable in the best interest of the town or village corporation for fire 
and police protection.
Sec. 7.  23 MRSA §3106, sub-§1, as amended by PL 2023, c. 65, §1, is further 
amended to read:
1.  Protection or restoration of great ponds through repairs to private roads, ways 
public easements or bridges.  For the purpose of protecting or restoring a great pond, as 
defined in Title 38, section 480‑B, subsection 5, a municipality may appropriate funds to 
repair a private road, way public easement or bridge to prevent storm water runoff pollution 
from reaching a great pond if:
A.  The private road, way public easement or bridge is within the watershed of the great 
pond;
B.  The great pond:
(1)  Is listed on the Department of Environmental Protection's list of bodies of 
water most at risk pursuant to Title 38, section 420‑D, subsection 3;
(2)  Has been listed as impaired in an integrated water quality monitoring and 
assessment report submitted by the Department of Environmental Protection to the 
United States Environmental Protection Agency pursuant to the federal Clean 
Water Act, 33 United States Code, Section 1315(b) at least once since 2002; or
(3)  Is identified as having threats to water quality in a completed watershed survey 
that uses a protocol accepted by the Department of Environmental Protection;
C.  The Department of Environmental Protection or the municipality determines that 
the private road, way public easement or bridge is contributing to the degradation of 
the water quality of the great pond based upon an evaluation of the road, way public 
easement or bridge using a protocol accepted by the department;
D.  The repair complies with best management practices required by the Department 
of Environmental Protection; and
E.  The private road, way public easement or bridge is maintained by a road association 
organized under this subchapter or Title 13‑B.
Sec. 8.  23 MRSA §3106, sub-§1-A, as enacted by PL 2023, c. 65, §1, is amended 
to read:
1-A.  Protection or restoration of protected natural resources through repairs to 
certain private roads, ways public easements, bridges or storm water management 
systems.  For the purpose of protecting or restoring a protected natural resource, a 
municipality or a regional community and economic development organization may 
appropriate funds to repair a private road, way public easement, bridge or storm water 
management system to prevent storm water runoff pollution from reaching a protected 
natural resource if:
A.  The private road, way public easement, bridge or storm water management system 
is within the watershed of the protected natural resource or is located within or 
immediately adjacent to the protected natural resource;
B.  With respect to a protected natural resource that is a great pond only, the great pond 
satisfies the criteria listed in subsection 1, paragraph B;
C.  The Department of Environmental Protection, the municipality or the regional 
community and economic development organization determines that the private road, 
way public easement, bridge or storm water management system is contributing to the 
degradation of water quality within or immediately adjacent to the protected natural 
resource based upon an evaluation of the road, way public easement, bridge or storm 
water management system using a protocol accepted by the department;
D.  The repair complies with best management practices required by the Department 
of Environmental Protection; and
E.  The private road, way public easement, bridge or storm water management system 
is located wholly or partially within or immediately adjacent to a military installation 
closed pursuant to the federal Defense Base Realignment and Closure Act of 1990.
Sec. 9.  29-A MRSA §2322, sub-§9, as enacted by PL 1999, c. 331, §1, is repealed.
Sec. 10.  29-A MRSA §2323, sub-§1, as amended by PL 2009, c. 484, §11, is 
further amended to read:
1.  Use of helmet.  A person under 16 years of age who is an operator or a passenger 
on a bicycle or an operator of roller skis on a public roadway way or a public bikeway shall 
wear a helmet of good fit, positioned properly and fastened securely upon the head by 
helmet straps.
SUMMARY
This bill is reported out by the Joint Standing Committee on State and Local 
Government pursuant to Public Law 2023, chapter 387, section 4 for the sole purpose of 
having a bill printed that can be referred back to the committee for public hearing and 
subsequent processing in the normal course of committee work.  The bill is based on the 
legislation proposed by the Maine Abandoned and Discontinued Roads Commission in its 
report dated January 5, 2024.  The bill changes the term "private way" to "public easement" 
and defines "private road" in the laws governing repairs and maintenance of public 
easements and private roads.