reglab/housing_qa huggingface dataset:
23 ME Rev Stat § 3021 (2021)
2021 Maine Revised Statutes|TITLE 23: TRANSPORTATION|Part 3: LOCAL HIGHWAY LAW|Chapter 304: ACQUISITION OF PROPERTY FOR HIGHWAY PURPOSES|23 §3021. Definitions

 §3021. Definitions As used in this chapter, unless the context clearly indicates otherwise, the following words shall have the following meaning.   [PL 1975, c. 711, §8 (NEW).]1.  Highway purposes.  "Highway purposes" means use as a town way and those things incidental to the laying out, construction, improvement, maintenance, change of location, alignment and drainage of town ways, including the securing of materials therefor; provision for the health, welfare and safety of the public using town ways; provision for parking places, rest areas and preservation of scenic beauty along town ways.   [PL 1975, c. 711, §8 (NEW).] 1-A.  Municipal legislative body.  "Municipal legislative body" has the same meaning as in Title 30‑A, section 2001, subsection 9.   [PL 2015, c. 464, §2 (NEW).] 2.  Public easement.  "Public easement" means an easement held by a municipality for purposes of public access to land or water not otherwise connected to a public way, and includes all rights enjoyed by the public with respect to private ways created by statute prior to July 29, 1976. Private ways created pursuant to former sections 3001 and 3004 prior to July 29, 1976 are public easements.   [PL 2015, c. 464, §3 (AMD).] 3.  Town way.  "Town way" means:   A. An area or strip of land designated and held by a municipality for the passage and use of the general public by motor vehicle;   [PL 1981, c. 702, Pt. Z, §2 (NEW).]B. All town or county ways not discontinued or abandoned before July 29, 1976; and   [PL 1981, c. 702, Pt. Z, §2 (NEW).]C. All state or state aid highways, or both, which shall be classified town ways as of July 1, 1982, or thereafter, pursuant to section 53.   [PL 1981, c. 702, Pt. Z, §2 (NEW).][PL 1981, c. 702, Pt. Z, §2 (RPR).] SECTION HISTORY PL 1975, c. 711, §8 (NEW). PL 1981, c. 702, §Z2 (AMD). PL 2015, c. 464, §§2, 3 (AMD).
23 ME Rev Stat § 3022 (2021)
2021 Maine Revised Statutes|TITLE 23: TRANSPORTATION|Part 3: LOCAL HIGHWAY LAW|Chapter 304: ACQUISITION OF PROPERTY FOR HIGHWAY PURPOSES|23 §3022. Laying out of town ways and public easements

 §3022. Laying out of town ways and public easements The municipal officers may, personally or by agency, lay out, alter or widen town ways. They shall give written notice of their intentions posted at least 7 days in 2 public places in the municipality and in the vicinity of the way and shall in the notice describe the proposed way.   [PL 1975, c. 711, §8 (NEW).]The municipal officers may, upon the petition of any person, lay out, alter or widen a town way.   [PL 1975, c. 711, §8 (NEW).]The municipal officers may on petition therefor, personally or by agency, lay out a public easement for any occupant of land or for owners who have cultivated land in the municipality if the land will be connected to a town way or highway after the establishment of the public easement.   [PL 1979, c. 127, §153 (RPR).]After a public easement has been laid out, it may be taken pursuant to section 3023. Notwithstanding any other provision of this chapter, public easements laid out under this section are limited to rights of access by foot or motor vehicle as defined in Title 29-A, section 101, subsection 42.   [PL 1995, c. 65, Pt. A, §65 (AMD); PL 1995, c. 65, Pt. A, §153 (AFF); PL 1995, c. 65, Pt. C, §15 (AFF).]SECTION HISTORY PL 1975, c. 711, §8 (NEW). PL 1979, c. 127, §153 (AMD). PL 1995, c. 65, §A65 (AMD). PL 1995, c. 65, §§A153,C15 (AFF).
23 ME Rev Stat § 3023 (2021)
2021 Maine Revised Statutes|TITLE 23: TRANSPORTATION|Part 3: LOCAL HIGHWAY LAW|Chapter 304: ACQUISITION OF PROPERTY FOR HIGHWAY PURPOSES|23 §3023. Eminent domain

 §3023. Eminent domain A municipality may take property or interests therein for highway purposes if the municipal officers determine that public exigency requires the immediate taking of such property interests, or if the municipality is unable to purchase it at what the municipal officers deem reasonable valuation, or if title is defective.   [PL 1975, c. 711, §8 (NEW).]In municipalities where the municipal officers have the legislative power of appropriation, the municipal officers shall file with the municipal clerk a condemnation order that includes a detailed description of the property interests to be taken, which shall specify its location by metes and bounds, the name or names of the owner or owners of record so far as they can be reasonably determined and the amount of damages determined by the municipal officers to be just compensation for the property or interest therein taken. The municipal officers shall then serve upon the owner or owners of record a copy of the condemnation order and a check in the amount of the damages awarded. In the event of multiple ownership, the check may be served on any one of the owners. Title shall pass to the municipality upon service of the order of condemnation and check or upon recordation in accordance with section 3024, whichever occurs first.   [PL 1975, c. 711, §8 (NEW).]In towns where the town meeting has the legislative power of appropriation, the municipal officers shall file the condemnation order described in the previous paragraph with the town clerk and send a copy to the owner or owners of record by registered mail. No interest shall pass to the town unless an article generally describing the property interest to be taken and stating the amount of damages to be paid has been approved by a duly called town meeting. The town meeting may not amend the article, except to increase the amount of damages to be paid. If the article is approved, a check in the amount of damages authorized shall be served immediately upon the owner or owners of record. In the event of multiple ownership, the check may be served on any one of the owners. Title shall pass to the town upon service of the check or upon recordation in accordance with section 3024, whichever occurs first.   [PL 1975, c. 711, §8 (NEW).]Unless specifically provided in the order of condemnation or unless the property or interests to be taken include land or right-of-way of a railroad corporation or a public utility, title to property taken for town ways after December 31, 1976, shall be in fee simple absolute.   [PL 1975, c. 770, §98 (RPR).]In all proceedings under this section, an award of damages by the municipal legislative body shall be considered an appropriation for that purpose.   [PL 1975, c. 711, §8 (NEW).]SECTION HISTORY PL 1975, c. 711, §8 (NEW). PL 1975, c. 770, §§98,99 (AMD).
23 ME Rev Stat § 3024 (2021)
2021 Maine Revised Statutes|TITLE 23: TRANSPORTATION|Part 3: LOCAL HIGHWAY LAW|Chapter 304: ACQUISITION OF PROPERTY FOR HIGHWAY PURPOSES|23 §3024. Recording of proceedings

 §3024. Recording of proceedings No taking of property or interests therein by a municipality, or the discontinuance of a town way except by abandonment, after September 12, 1959, shall be valid against owners of record or abutting landowners who have not received actual notice, unless there is recorded in the registry of deeds for the county where the land lies either a deed, or a certificate attested by the municipal clerk, describing the property and stating the final action of the municipality with respect to it.   [PL 1975, c. 711, §8 (NEW).]SECTION HISTORY PL 1975, c. 711, §8 (NEW).
23 ME Rev Stat § 3025 (2021)
2021 Maine Revised Statutes|TITLE 23: TRANSPORTATION|Part 3: LOCAL HIGHWAY LAW|Chapter 304: ACQUISITION OF PROPERTY FOR HIGHWAY PURPOSES|23 §3025. Dedication and acceptance

 §3025. Dedication and acceptance No property or interests therein may be dedicated for highway purposes unless the owner of such property or interest has filed with the municipal officers a petition, agreement, deed, affidavit or other writing specifically describing the property or interest and its location, and stating that the owner voluntarily offers to transfer such interests to the municipality without claim for damages, or has filed in the registry of deeds an approved subdivision plot plan which describes property to be appropriated for public use.   [PL 1975, c. 711, §8 (NEW).]A municipality may accept a dedication of property or interests therein by an affirmative vote of its legislative body.   [PL 1975, c. 711, §8 (NEW).]Unless specifically provided by the municipality, title to property accepted for highway purposes after December 31, 1976 shall be in fee simple.   [PL 1975, c. 711, §8 (NEW).]SECTION HISTORY PL 1975, c. 711, §8 (NEW).
23 ME Rev Stat § 3026 (2021)
2021 Maine Revised Statutes|TITLE 23: TRANSPORTATION|Part 3: LOCAL HIGHWAY LAW|Chapter 304: ACQUISITION OF PROPERTY FOR HIGHWAY PURPOSES|23 §3026. Discontinuance of town ways (REPEALED)

 §3026. Discontinuance of town ways (REPEALED)SECTION HISTORY PL 1975, c. 711, §8 (NEW). PL 1977, c. 301, §1 (AMD). PL 1981, c. 683, §1 (RPR). PL 2015, c. 464, §4 (RP).
23 ME Rev Stat § 3027 (2021)
2021 Maine Revised Statutes|TITLE 23: TRANSPORTATION|Part 3: LOCAL HIGHWAY LAW|Chapter 304: ACQUISITION OF PROPERTY FOR HIGHWAY PURPOSES|23 §3027. Vacation of proposed town ways in land subdivision; revocation of dedication

 §3027. Vacation of proposed town ways in land subdivision; revocation of dedication 1.  Vacation of ways.  When proposed town ways have been described in a recorded subdivision plan and lots have been sold with reference to the plan, the municipal officers, after notice to the municipal planning board or office, may, on their own initiative, on petition of the abutting property owners or on petition of any person claiming a property interest in the proposed way, vacate in whole or in part proposed ways that have not been accepted. The municipal officers shall give best practicable notice, as defined in section 3026‑A, subsection 1, of the proposed vacation to owners of lots on the recorded subdivision plan and their mortgagees of record. The notice must conform in substance to the following form:NOTICE  (The municipal officers of) (A petition has been filed with the municipal officers of)_____________________ (Name of Town or City)__________________ (propose to) (to vacate) the following (ways) (way) shown upon a subdivision plan (named) (dated) (and) recorded in the_________________________County Registry of Deeds, Book of Plans, Volume________, Page________.   (Herein list or describe ways to be vacated)   If the municipal officers enter an order vacating (these ways) (this way) any person claiming an interest in (these ways) (this way) (adverse to the claims of the petitioners) must, within one (1) year of the recording of the order, file a written claim thereof under oath in the_________________ County Registry of Deeds and must, within one hundred eighty (180) days of the filing of the claim, commence an action in the Superior Court in ___________________ County in accordance with the Maine Revised Statutes, Title 23, section 3027‑A.   The municipal officers shall file an order of vacation with the municipal clerk that specifies the location of the way, the names of owners of lots on the recorded subdivision plan and the amount of damages, if any, determined by the municipal officers to be paid to each lot owner or other person having an interest in the way. Damages and reasonable costs as determined by the municipal officers must be paid by the petitioners, if any.   [PL 2015, c. 464, §6 (AMD).] 2.  Revocation of dedication.  A dedication of property or interest therein to the municipality described in a recorded subdivision plot plan may not be revoked or vacated by the dedicator unless no lot has been sold with reference to the plan, and unless an amended subdivision plan has been approved by the municipal subdivision review authority and recorded in the appropriate registry of deeds.   [PL 1981, c. 683, §2 (NEW).] SECTION HISTORY PL 1975, c. 711, §8 (NEW). PL 1981, c. 683, §2 (RPR). PL 1987, c. 385, §1 (AMD). PL 2015, c. 464, §6 (AMD).
23 ME Rev Stat § 3028 (2021)
2021 Maine Revised Statutes|TITLE 23: TRANSPORTATION|Part 3: LOCAL HIGHWAY LAW|Chapter 304: ACQUISITION OF PROPERTY FOR HIGHWAY PURPOSES|23 §3028. Abandonment of public ways; determination of status of any town way or public easement (REPEALED)

 §3028. Abandonment of public ways; determination of status of any town way or public easement (REPEALED)SECTION HISTORY PL 1975, c. 711, §8 (NEW). PL 1977, c. 479, §4 (AMD). PL 1979, c. 127, §154 (AMD). PL 1979, c. 629 (AMD). PL 1989, c. 395 (AMD). PL 1991, c. 195 (RPR). PL 2009, c. 59, §1 (AMD). PL 2015, c. 464, §7 (AMD). PL 2021, c. 145, §1 (RP). PL 2021, c. 145, §3 (AFF).
23 ME Rev Stat § 3029 (2021)
2021 Maine Revised Statutes|TITLE 23: TRANSPORTATION|Part 3: LOCAL HIGHWAY LAW|Chapter 304: ACQUISITION OF PROPERTY FOR HIGHWAY PURPOSES|23 §3029. Damages; appeal

 §3029. Damages; appeal Damages shall be determined using the methods in sections 154 through 154E, as far as practicable, except that references to the "commission" or the "board" shall mean the "municipal officers" and references to the "state" shall mean the "municipality."   [PL 1977, c. 479, §5 (AMD).]Any person aggrieved by the determination of the damages awarded to owners of property or interests therein under this chapter may, within 60 days after the day of taking, appeal to the Superior Court in the county where the property lies. The court shall determine damages by a verdict of its jury or, if all parties agree, by the court without a jury or by a referee or referees and shall render judgment for just compensation, with interest where such is due, and for costs in favor of the party entitled thereto.   [PL 1975, c. 711, §8 (NEW).]Any person aggrieved by the action or nonaction of municipal officers or the municipal legislative body in proceedings under this chapter, other than a determination of damages, may appeal to the Superior Court in the county where the property lies, pursuant to Rule 80B of the Rules of Civil Procedure.   [PL 1975, c. 711, §8 (NEW).]SECTION HISTORY PL 1975, c. 711, §8 (NEW). PL 1977, c. 479, §5 (AMD).
23 ME Rev Stat § 3029-A (2021)
2021 Maine Revised Statutes|TITLE 23: TRANSPORTATION|Part 3: LOCAL HIGHWAY LAW|Chapter 304: ACQUISITION OF PROPERTY FOR HIGHWAY PURPOSES|23 §3029-A. Damage to public easement; cause of action

 §3029-A. Damage to public easement; cause of action 1.  Cause of action.  An owner of property abutting a discontinued or abandoned road in which a public easement exists may bring a civil action in Superior Court for damages and injunctive relief against a person who causes damage to the road in a manner that impedes reasonable access by the property owner to the property owner's property by motor vehicle as defined in Title 29‑A, section 101, subsection 42.   [PL 2015, c. 464, §8 (NEW).] 2.  Damages.  Damages may be sought pursuant to subsection 1 in an amount reasonably necessary to restore the road to its condition prior to the use by the person against whom the action is brought.   [PL 2015, c. 464, §8 (NEW).] 3.  Attorney's fees and costs.  If the plaintiff under subsection 1 is the prevailing party, the plaintiff may be awarded reasonable attorney's fees and costs.   [PL 2015, c. 464, §8 (NEW).] 4.  Application.  This section does not apply to:   A. A law enforcement officer who, in an emergency and within the scope of that law enforcement officer's employment, operates a motor vehicle on a public easement; or   [PL 2015, c. 464, §8 (NEW).]B. An emergency responder who, in an emergency and while performing the duties of an emergency responder, operates a motor vehicle on a public easement.   [PL 2015, c. 464, §8 (NEW).][PL 2015, c. 464, §8 (NEW).] SECTION HISTORY PL 2015, c. 464, §8 (NEW).
23 ME Rev Stat § 3030 (2021)
2021 Maine Revised Statutes|TITLE 23: TRANSPORTATION|Part 3: LOCAL HIGHWAY LAW|Chapter 304: ACQUISITION OF PROPERTY FOR HIGHWAY PURPOSES|23 §3030. Purchase; prescription

 §3030. Purchase; prescription Nothing in this chapter shall be construed to abridge the authority of a municipality to acquire property or interests therein for highway purposes by purchase, or to modify the law relating to acquisition of property by a municipality through prescriptive use.   [PL 1975, c. 711, §8 (NEW).]SECTION HISTORY PL 1975, c. 711, §8 (NEW).
23 ME Rev Stat § 3032 (2021)
2021 Maine Revised Statutes|TITLE 23: TRANSPORTATION|Part 3: LOCAL HIGHWAY LAW|Chapter 304: ACQUISITION OF PROPERTY FOR HIGHWAY PURPOSES|23 §3032. Proposed, unaccepted ways deemed vacated

 §3032. Proposed, unaccepted ways deemed vacated 1.  Deemed vacation.   [PL 1997, c. 386, §1 (RP).] 1-A.  Deemed vacation.  A proposed, unaccepted way or portion of a proposed, unaccepted way laid out on a subdivision plan recorded in the registry of deeds prior to September 29, 1987 is deemed to have been subject to an order of vacation under section 3027 if, by the later of 15 years after the date of the recording of the subdivision plan laying out the way or portion of the way or September 29, 1997, both of the following conditions have been met:   A. The way or portion of the way has not been constructed or used as a way; and   [PL 1997, c. 386, §2 (NEW).]B. The way or portion of the way has not been accepted as a town, county or state way or highway or as a public, utility or recreational easement.   [PL 1997, c. 386, §2 (NEW).]A way or portion of a way considered vacated under this subsection is subject to section 3033.   [PL 1997, c. 386, §2 (NEW).] 2.  Extensions.  The municipal officers of the affected municipality may except a proposed, unaccepted way or portion of a proposed, unaccepted way described in subsection 1‑A from the operation of the time limitations of that subsection by filing, in the registry of deeds where the subdivision plan is recorded, a notice stating that the way or portion of the way is excepted from the operation of subsection 1‑A for a period of 20 years from the filing of the notice. To be effective, this exception must be filed prior to the expiration of the time limitations of subsection 1‑A. An extension accomplished under this subsection may be extended by the municipal officers for a subsequent 20-year period by the filing of a new notice within the preceding 20-year extension period.   [PL 1997, c. 683, Pt. B, §10 (AMD); PL 1997, c. 683, Pt. B, §11 (AFF).] SECTION HISTORY PL 1987, c. 385, §2 (NEW). PL 1997, c. 386, §§1,2 (AMD). PL 1997, c. 683, §B10 (AMD). PL 1997, c. 683, §B11 (AFF).
23 ME Rev Stat § 3035 (2021)
2021 Maine Revised Statutes|TITLE 23: TRANSPORTATION|Part 3: LOCAL HIGHWAY LAW|Chapter 304: ACQUISITION OF PROPERTY FOR HIGHWAY PURPOSES|23 §3035. Construction of laws

 §3035. Construction of laws Nothing in sections 3031 to 3034 may be construed to extend the period for the bringing of an action or for the doing of any other required act under any statute of limitations. Nothing in those sections may be construed to affect the nature of any right or interest which may be claimed in property to which those sections apply, or to affect the law regarding the sale, release or other disposition of such a right or interest.   [PL 1987, c. 385, §2 (NEW).]Sections 3031 to 3034 shall be liberally construed to affect the legislative purpose of enhancing the merits of title to land by eliminating the possibility of ancient claims to proposed, unaccepted, unconstructed ways that are outstanding on the record but unclaimed.   [PL 1987, c. 385, §2 (NEW).]SECTION HISTORY PL 1987, c. 385, §2 (NEW).
23 ME Rev Stat § 3501 (2021)
2021 Maine Revised Statutes|TITLE 23: TRANSPORTATION|Part 3: LOCAL HIGHWAY LAW|Chapter 309: EMINENT DOMAIN|23 §3501. Materials taken from lands not enclosed or planted (REPEALED)

 §3501. Materials taken from lands not enclosed or planted (REPEALED)SECTION HISTORY PL 1975, c. 711, §9 (RP).
23 ME Rev Stat § 3502 (2021)
2021 Maine Revised Statutes|TITLE 23: TRANSPORTATION|Part 3: LOCAL HIGHWAY LAW|Chapter 309: EMINENT DOMAIN|23 §3502. Land taken; damages (REPEALED)

 §3502. Land taken; damages (REPEALED)SECTION HISTORY PL 1975, c. 431, §12 (AMD). PL 1975, c. 711, §9 (RP).
23 ME Rev Stat § 3503 (2021)
2021 Maine Revised Statutes|TITLE 23: TRANSPORTATION|Part 3: LOCAL HIGHWAY LAW|Chapter 309: EMINENT DOMAIN|23 §3503. Recording of proceedings (REPEALED)

 §3503. Recording of proceedings (REPEALED)SECTION HISTORY PL 1975, c. 711, §9 (RP).
23 ME Rev Stat § 3651 (2021)
2021 Maine Revised Statutes|TITLE 23: TRANSPORTATION|Part 3: LOCAL HIGHWAY LAW|Chapter 313: LIABILITY FOR DAMAGES|23 §3651. Failure to provide safety and convenience

 §3651. Failure to provide safety and convenience Highways, town ways and streets legally established shall 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.   [PL 1977, c. 363, §5 (AMD).]1.  Legal objects not defects.  Trees, structures, utility poles and facilities and other things that exist in accordance with municipal ordinances are not defects in a public way. For the purposes of this subsection, "facilities" has the same meaning as in Title 35‑A, section 2502, subsection 3.   [PL 2019, c. 128, §1 (AMD).] SECTION HISTORY PL 1977, c. 363, §5 (AMD). PL 1987, c. 583, §1 (AMD). PL 2019, c. 128, §1 (AMD).
23 ME Rev Stat § 3652 (2021)
2021 Maine Revised Statutes|TITLE 23: TRANSPORTATION|Part 3: LOCAL HIGHWAY LAW|Chapter 313: LIABILITY FOR DAMAGES|23 §3652. Notice of defect; hearing on petition

 §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 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, 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, 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.
23 ME Rev Stat § 3653 (2021)
2021 Maine Revised Statutes|TITLE 23: TRANSPORTATION|Part 3: LOCAL HIGHWAY LAW|Chapter 313: LIABILITY FOR DAMAGES|23 §3653. Manner of presenting petition

 §3653. Manner of presenting petition The petition provided for in section 3652 may be presented to the county commissioners at any of their sessions, or in vacation to their chairman, who shall procure the concurrence of his associates in fixing the time and place in the order of notice and cause the petition to be entered at their next session. They shall make full return of their proceedings on the petition and cause the same to be recorded as of their next regular term after the proceedings are closed.