An Act Regardmg Pnvate Roads
Maine Legislature, Session 131, LD 0461
Committee Amendment CA_A_S399 (Senate)
Amends: 23 MRSA §3101, 23 MRSA §3103, 23 MRSA §3104

COMMITTEE AMENDMENT " A" to S P 215, L D 461, "An Act Regardmg 
Pnvate Roads" 
Amend the bill by stnkmg out the title and substitutmg the followmg 
'An Act Regardmg Private Ways and Private Roads' 
Amend the bill by stnkmg out everythmg after the enactmg clause and msertmg the 
followmg 
'Sec. 1. 23 MRSA §3101, sub-§1, ~' as amended by PL 2013, c 198, § 1, 1s further 
amended to read 
B 
"Reparrs and mamtenance" does not mclude pavmg, except m locations where 
pavement does not exist If a:.:pproved by an affrrmat1ve vote of at least 3/ 4 of the owners 
of all the parcels benefited by the pnvate road, pnvate way or bndge at a meetmg called 
m accordance with subsection 2 or m locations where limited pavmg is demonstrated 
to be a cost-effective approach for fixmg an erosion problem or to reparr and mamtam 
pavement ex1stmg as efJaljr 1, 2007 for at least 8 years "Mamtenance" mcludes, but 
1s not hm1ted to, snowplowmg, snow removal, sandmg and ice control, gradmg and 
addmg gravel and surface matenal, mstallmg reclaimed asphalt or grmdmg ex1stmg 
pavement for reuse, mstalhng, cleanmg and replacmg culverts, creatmg and 
mamtammg ditches, drams and other storm water management mfrastructure, creatmg 
and mamtammg sight distances on curves and at mtersect10ns, and cuttmg brush, trees 
and vegetation m the nght-of-way 
Sec. 2. 23 MRSA §3103, as amended by PL 2013, c 198, §9, is repealed and the 
followmg enacted m its place 
§3103 Contracts for repair; reserve accounts 
The owners, at a meetmg held under section 3101, may by a ma10nty vote of the owners 
present and votmg m person or by wntten proxy or absentee ballot authorize 
COMMITTEE AMENDMENT 
ROS 
COMMITTEE AMENDMENT" /1 "to SP 215, L D 461 
1. Contract for repair. A contract for reparrs or mamtenance to the pnvate road, 
pnvate way or bndge by the year or for a lesser tune and may raise money for that purpose 
pursuant to sect10n 3101, subsection 5, and 
Reserve account A reserve account to be estabhshed to hold funds solely to be 
used for reparrs and mamtenance 
Sec. 3. 23 MRSA §3104, as amended by PL 2017, c 306, §1, 1s further amended to 
read 
§3104 Penalties and process 
Money recovered under sections 3102 and 3103 1s for the use of the owners In any 
notice of clann or process for the money's recovery, a descnpt1on of the owners as owners 
of parcels of land benefited by the pnvate road, pnvate way or bndge by name, clearly 
descnbmg each owner's parcel of land by the book and page number of the owner's deed 
as recorded m the county's registry of deeds and the pnvate road, pnvate way or bndge, 1s 
sufficient If the pnvate road, pnvate way or bndge 1s shown on a plan recorded m the 
county's registry of deeds, the plan's recordmg reference 1s sufficient Such process 1s not 
abated by the death of any owner or by the transfer of any owner's mterest Any money 
owed pursuant to section 3101, 3102 or 3103 1s an obligation that 1s personal to the owners 
of the subJect parcels, Jomtly or severally, and also burdens the parcel and runs with the 
land upon the transfer of any owner's mterest After June 30, 2018, any money owed 
pursuant to section 3101, 3102 or 3103 1s not an obhgat10n that burdens the parcel or runs 
with the land upon the transfer of any owner's mterest unless a notice of claim 1s recorded 
m the county's registry of deeds pnor to the transfer A notice of clann filed m the registry 
of deeds exprres 18 moB:ths 6 years from the date of recordmg unless extended pnor to the 
exprrat10n by recordmg of a notice of extens10n of the notice of clann A recorded notice 
of clann may be extended for add1t1onal 18 moH:th. 6-year penods until the clann 1s paid 
The comm1ss1oner or board may cause to be recorded m the county's registry of deeds a 
notice of clann for money owed pursuant to section 3101, 3102 or 3103 that 1s more than 
days delmquent and may add to the amount owed the recordmg costs for filmg the notice 
of claim The recordmg of such notice does not constitute slander of title Before recordmg 
such notice or service of process of a complamt for collect10n m a c1v1l action, the 
comm1ss1oner or board shall give the owner agamst whom such action 1s to be taken wntten 
notice, m the same manner as written notices of meetmgs are provided for m sect10n 3101, 
of the mtended action if the debt is not paid withm 20 days of the date of the written notice 
This wntten notice to cure must be sent at least 30 days before the recordmg of the notice 
of clann or the service of process of the complamt for collection m a civil act10n 
Sec. 4. Report. The Mame Abandoned and D1scontmued Roads Comm1ss1on, 
established m the Mame Revised Statutes, Title 23, sect10n 3036, shall review the use of 
the followmg terms m the Mame Revised Statutes "pnvate way", "pubhc way", "pnvate 
road", and "pubhc easement" The comm1ss1on shall determme whether changes to current 
law would nnprove understandmg and use of these terms throughout the Mame Revised 
Statutes By January 5, 2024, the comm1ss1on shall submit a report to the Jomt Standmg 
Committee on State and Local Government with the results of this study along with 
recommended legislation The committee may report out leg1slat10n relatmg to the report 
to the Second Regular Sess10n of the 131st Legislature Notw1thstandmg Title 23, sect10n 
COMMITTEE AMENDMENT 
... 
ROS 
COMMITTEE AMENDMENT 'A "to SP 215, L D 461 
3036, subsect10n 5, the comm1ss1on may meet more than 6 t1mes m 2023 to complete the 
work described m this section ' 
Amend the bill by relettermg or renumbermg any nonconsecutive Part letter or sect10n 
number to read consecutively 
SUMMARY 
This amendment replaces the' bill It mstructs the Mame Abandoned and Discontmued 
Roads Comm1ss1on, established m the Mame Revised Statutes, Title 23, section 3036, to 
review the use of the followmg terms m the Mame Revised Statutes "pnvate way", "public 
way", "private road", and "public easement," determme whether changes to current law 
would Improve understandmg and use of these terms throughout the Mame Revised 
Statutes and mclude its conclus10ns and recommendat10ns m a report to the Jomt Standmg 
Comnuttee on State and Local Government submitted by January 5, 2024 The commiss10n 
is authorized to meet more than 6 t1mes m 2023 to complete this work 
The amendment expands the defimt1on of "reparrs and mamtenance" as 1t applies to 
road associations established and operatmg m accordance with Title 23, chapter 305 to 
mclude pavmg m locat10ns where pavement does not exist If the pavmg 1s approved by an 
affirmative vote of at least 3/4 of the owners of all the parcels benefited by the private road, 
private way or bndge at a meetmg called m accordance with Title 23, section 3101, 
subsection 2 It adds mstallmg recla1med asphalt or grmdmg existmg asphalt pavement for 
reuse withm the defmit10n of "repairs and mamtenance " It allows road associat10ns to 
establish a reserve account to hold funds for repa1rs and mamtenance, and it changes the 
exprrat10n date of a notice of cla1m recorded with the registry of deeds from 18 months to 
years 
FISCAL NOTE REQUJRED 
(See attached) 
COMMITTEE AMENDMENT 
Fiscal De tall and Notes 
Approved 06/19/23 fk:rae 
LD461 
LR 88(02) 
An Act Regardmg Private Roads 
Fiscal Note for Bill as Amended by ComIIllttee Amendment /1' l s~CJ 1' 
Comnnttee: State and Local Government 
!} 
Fiscal Note Reqmred: Yes 
Fiscal Note 
Mmor cost mcrease - General Fund 
Mmor cost mcrease - Highway Fund 
Addit10nal costs to state agencies with members who serve on the Abandoned and Discontmued Roads Commiss10n 1r( 
participate m meetmgs dlscussmg the use ofvanous terms can be absorbed w1thm ex1stmg budgeted resources 
LR0088(02) - Fiscal Note - Page 1 of 1