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 Amendment CA_A_S622 (Senate)
Amends: 23 MRSA §3036, 23 MRSA §3105-A

COMMITTEE AMENDMENT "^- " to S.P. 982, L.D. 2264, "An Act to Further
Clarify the Meaning of "Private Road" and "Public Easement" in Certain Provisions of
Maine Law"
Amend the bill by striking out the title and substituting the following:
'An Act to Clarify the Use of Public Equipment on Public Easements'
Amend the bill by striking out everything after the enacting clause and inserting the
following:
'See. 1. 23 MRSA §3036, sub-§5, as enacted by PL 2021,c. 743,§2, is amended
to read:
5. Meetings. The commission shall meet at least 3 tunes, but may meet no more than
612 times, each year.
Sec. 2. 23 MRSA §3105-A, first ^, as enacted by PL 2009, c. 501, §2, is amended
to read:
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 ite the town's or village corporation's highway equipment
on private ways within such town or village corporation to plow. maintam or repair those
private ways 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. 3. Commission focus. The Maine Abandoned and Discontinued Roads
Commission, established in the Maine Revised Statutes, Title 5, section 12004-1,
subsection 83-A, shall consider, in addition to matters it is required to consider by statute,
the following and shall include recommendations on these matters in the February 1, 2025
3 report required under Title 23, section 3 03 6, subsection 11 :
1. The scope of public use allowed on a public easement over an abandoned or
discontinued road, the need or justification for each type of use, the impact of the public
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT " A " to S.P. 982, L.D. 2264 C5 'IQ^-
,d&
use on abutting property owners and ways to reduce the negative impacts on abutting
property owners;
2. Property owner liability, including personal injury, property damage and
environmental damage liability resulting from public use of an abandoned or discontinued
road;
3. Options to create a road inventory of abandoned and discontinued roads in the State;
and
4. Options to create a right-of-way template for property owners to use when a local
unit of government considers discontinuing the road abutting a property owner's property.'
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section
number to read consecutively.
SUMMARY
This amendment replaces the bill and changes the title. It clarifies that a legislative
body of a town or village corporation may authorize the use of the town's or village
corporation's highway equipment to plow, maintain or repair private ways, otherwise
known as public easements. It allows the Maine Abandoned and Discontinued Roads
Commission to meet up to 12 times per year and directs the commission to consider the
scope of property owner liability and public use of public easements, property owner
liability on public easements, the benefits and costs of a road mventory and creating a right-
of-way template for property owners of land along an abandoned or discontinued road.
FISCAL NOTE REQUIRED
(See attached)
Page2-131LR3069(02)
COMMITTEE AMENDMENT
Approved: 03/22/24 ^%2'c--
LD 2264 LR 3069(02)
An Act to Further Clarify the Meaning of "Private Road" and "Public Easement" in Certain
Provisions of Maine Law
cs.
Fiscal Note for Bill as Amended by Committee Amendment "/l"'j
Committee: State and Local Government
Fiscal Note Required: Yes
Fiscal Note
Minor cost increase - General Fund
Fiscal Detail and Notes
Any additional costs to the various agencies that serve on the Abandoned and Discontinued Roads Commission to
adopt the changes in this bill are expected to be minor and can be absorbed within existing budgeted resources.
LR3069(02) - Fiscal Note - Page 1 of 1