reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 3: LOCAL HIGHWAY LAW › Chapter 305: CONSTRUCTION, MAINTENANCE AND REPAIR › Subchapter 5: DRAINAGE AND WATERCOURSES › 23 §3254. Complaints

§3254. Complaints
When the attention of a municipal officer, or, for an unorganized place, a county commissioner, is directed to a violation of section 3252 within the municipal officer's or county commissioner's jurisdiction, the municipal officer or county commissioner shall enter a complaint against the offender and prosecute the violation to final judgment.   [PL 2003, c. 452, Pt. L, §9 (RPR); PL 2003, c. 452, Pt. X, §2 (AFF).]
SECTION HISTORY
PL 2003, c. 452, §L9 (RPR). PL 2003, c. 452, §X2 (AFF).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 3: LOCAL HIGHWAY LAW › Chapter 305: CONSTRUCTION, MAINTENANCE AND REPAIR › Subchapter 5: DRAINAGE AND WATERCOURSES › 23 §3255. Watercourses not to injure property; remedy

§3255. Watercourses not to injure property; remedy
No road commissioner, without written permission from the municipal officers, shall cause a watercourse to be so constructed by the side of a way as to incommode any person's house or other building or to obstruct anyone in the prosecution of his business. Any person so aggrieved may complain to the municipal officers, who shall view the watercourse and may cause it to be altered as they direct.
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 3: LOCAL HIGHWAY LAW › Chapter 305: CONSTRUCTION, MAINTENANCE AND REPAIR › Subchapter 6: BARRIERS › 23 §3271. Definitions

§3271. Definitions
As used in this subchapter, unless the context indicates otherwise, the following words have the following meanings.   [PL 1987, c. 75 (NEW).]
1.  Barrier.
"Barrier" means any wire, cable, cable wire, chain link, lumber, gate or other similar device placed or erected across a town way for the purpose of barring access to that way.
[PL 1987, c. 75 (NEW).]
2.  Town way.
"Town way" means an area or strip of land designated and held by a municipality for passage by motor vehicles.
[PL 1987, c. 75 (NEW).]
SECTION HISTORY
PL 1987, c. 75 (NEW).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 3: LOCAL HIGHWAY LAW › Chapter 305: CONSTRUCTION, MAINTENANCE AND REPAIR › Subchapter 6: BARRIERS › 23 §3272. Marked barriers

§3272. Marked barriers
The municipal officers of any municipality that erects or places a barrier across a town way shall cause the barrier to be marked in a manner that causes the barrier to be visible to a person traveling on the town way towards the barrier on a snowmobile, all-terrain vehicle, motorcycle or similar vehicle. The officers shall cause the barrier to be marked in a manner making the barrier visible at a distance that is a reasonable stopping distance. A barrier may be marked by flags, fluorescent coloring, signs or in any other manner making the barrier visible as required in this section.   [PL 1987, c. 75 (NEW).]
The municipal officers shall cause barriers marked under this section to be inspected periodically to ensure that the marking remains.   [PL 1987, c. 75 (NEW).]
SECTION HISTORY
PL 1987, c. 75 (NEW).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 3: LOCAL HIGHWAY LAW › Chapter 305: CONSTRUCTION, MAINTENANCE AND REPAIR › Subchapter 6: BARRIERS › 23 §3273. Penalty

§3273. Penalty
Any person who violates section 3272 commits a civil violation for which a forfeiture not to exceed $500 may be adjudged.   [PL 1987, c. 75 (NEW).]
SECTION HISTORY
PL 1987, c. 75 (NEW).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 3: LOCAL HIGHWAY LAW › Chapter 307: PROTECTION OF HIGHWAYS › Subchapter 1: GUIDEPOSTS › 23 §3301. Guideposts at crossings

§3301. Guideposts at crossings
Towns shall erect and maintain at all crossings of highways, and where one public highway enters another, guideposts and guideboards indicating the name of the next town on the route and of such other place as the municipal officers direct, with the number of miles thereto. Such guideposts and guideboards shall be of such reasonable form, height and design as the Department of Transportation may direct; and for any neglect hereof towns are subject to a fine of not less than $10 nor more than $50, to be recovered by complaint or indictment.   [PL 1971, c. 593, §22 (AMD).]
The District Court shall have jurisdiction concurrent with the Superior Court. Of all fines provided for by this section, and recovered on complaint, 1/2 shall go to the prosecutor and 1/2 to the county where the town committing the offense is situated.
SECTION HISTORY
PL 1971, c. 593, §22 (AMD).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 3: LOCAL HIGHWAY LAW › Chapter 307: PROTECTION OF HIGHWAYS › Subchapter 1: GUIDEPOSTS › 23 §3302. Failure to maintain; damages

§3302. Failure to maintain; damages
If the municipal officers of any town unreasonably neglect to cause a guidepost to be erected in their town as provided by law, they forfeit $5 for each month's neglect, to be recovered in a civil action by any person suing therefor. Plantations assessed in state or county taxes and their officers are under the same obligations and subject to the same penalties in these respects as towns.
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 3: LOCAL HIGHWAY LAW › Chapter 307: PROTECTION OF HIGHWAYS › Subchapter 2: EXCAVATIONS › Article 1: MUNICIPALITIES › 23 §3351. Notice to owners to connect

§3351. Notice to owners to connect
Prior to paving or substantially repairing any street or public highway, the road commissioner, the commissioner of public works or such officer as the municipal officers may appoint in the absence of a commissioner shall duly serve upon owners of property abutting on a street or highway and upon all corporations, persons, firms and bridge or water districts occupying a street or highway a notice directing owners, corporations, persons, firms and bridge or water districts to make sewer, water and conduit connections or other work as may be designated, within 60 days from date of notice. At the expiration of the time fixed and after a street has been paved or repaired, no permit may be granted to open that street for a period of 5 years, except as otherwise provided.   [PL 1999, c. 337, §2 (AMD).]
SECTION HISTORY
PL 1999, c. 337, §2 (AMD).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 3: LOCAL HIGHWAY LAW › Chapter 307: PROTECTION OF HIGHWAYS › Subchapter 2: EXCAVATIONS › Article 1: MUNICIPALITIES › 23 §3351-A. Moratorium restoration requirement

§3351-A. Moratorium restoration requirement
If a municipality issues a permit to open a street within 5 years after that street or highway was paved or substantially repaired, the municipality may require the permittee to relay the full width of the road surface on both sides of the cut for a distance of 20 feet from the furthest outside edges of the cut. If that repair overlaps the edge of a repair from a previous opening, the municipality may require the permittee to relay the full width of the road to the furthest edge of that previous repair. The municipality may prescribe the depth and method of restoring the pavement based upon the class of the street, except that in no case may the depth of the restored pavement be less than 1 1/2 inches.   [PL 1999, c. 337, §3 (NEW).]
SECTION HISTORY
PL 1999, c. 337, §3 (NEW).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 3: LOCAL HIGHWAY LAW › Chapter 307: PROTECTION OF HIGHWAYS › Subchapter 2: EXCAVATIONS › Article 1: MUNICIPALITIES › 23 §3352. Emergency permits

§3352. Emergency permits
If the owners, corporations, persons, firms or bridge or water districts comply with the notice given under section 3351, the road commissioner, the commissioner of public works or such officer as the municipal officers may appoint in the absence of a commissioner may, in the case of an emergency, grant and renew permits for digging or making excavations in the driveways of any of the public highways of the municipality for the repairing of gas, water, steam, oil, gasoline, petroleum or any other liquid, or ammonia pipes or conduits or for any other lawful purpose. Every permit must specify the time prescribed by resolution or ordinance or, when no time is prescribed, the road commissioner, the commissioner of public works or such officer as the municipal officers may appoint in the absence of a commissioner shall specify a time during which the excavation may remain open, the place where that excavation may be made and the number of square yards of surface that may be disturbed.   [PL 1999, c. 337, §4 (AMD).]
SECTION HISTORY
PL 1999, c. 337, §4 (AMD).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 3: LOCAL HIGHWAY LAW › Chapter 307: PROTECTION OF HIGHWAYS › Subchapter 2: EXCAVATIONS › Article 1: MUNICIPALITIES › 23 §3353. Penalties

§3353. Penalties
Any person or persons, firm, corporation or bridge or water district, who shall dig or make an excavation in the driveway of any public highway without first obtaining such permit as provided for in section 3352 or who having obtained such permit shall disturb a greater area of surface than specified in such permit, may be punished by a fine of $25 for each offense.
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 3: LOCAL HIGHWAY LAW › Chapter 307: PROTECTION OF HIGHWAYS › Subchapter 2: EXCAVATIONS › Article 1: MUNICIPALITIES › 23 §3354. Record of permits kept; fees

§3354. Record of permits kept; fees
The road commissioner, the commissioner of public works or such officer as the municipal officers may appoint in the absence of a commissioner shall keep a record of all permits granted by that person, work done by the municipal employees excepted. The applicant shall pay to the municipal treasurer for every permit for making an excavation within the driveways of any public highway paved with broken stone, concrete, bitulithic, granite block, brick, wood block, sheet asphalt or other pavements fees established by the municipal officers. Those fees may not exceed the reasonable cost of replacement of the excavated pavement and base material as well as inspections performed by or for the municipality. The requirement for municipal inspections must bear a reasonable relationship to the complexity of the project or the performance history of the permittee. All such fees paid to the municipal treasurer must be regularly accounted for in the treasurer's report to the municipal officers and constitute a special fund for the repaving of excavations, repair of any roadway adjacent to the excavations and inspections. When such excavations are repaired or inspected by the municipality, the cost must be charged to the special fund. Municipal ordinances and regulations governing activities conducted in accordance with this subchapter may not be arbitrary or capricious.   [PL 1999, c. 337, §5 (AMD).]
SECTION HISTORY
PL 1999, c. 337, §5 (AMD).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 3: LOCAL HIGHWAY LAW › Chapter 307: PROTECTION OF HIGHWAYS › Subchapter 2: EXCAVATIONS › Article 1: MUNICIPALITIES › 23 §3355. Size of opening; filling; protection

§3355. Size of opening; filling; protection
It is unlawful for any person or persons, firm, corporation or bridge or water district, having the right of opening or making excavations within the driveways of public highways in the municipality, to leave open at any time any trench or excavation of a greater length than 200 feet, except by permission of the officer granting such permit. Such person or persons, firm, corporation or bridge or water district shall fully and completely fill up such a trench to the surface of the roadway before making any further trench or excavation. The filling must be puddled or rammed as the nature of the soil may require and must be done and completed within the time designated in the permit for completing the trench or excavation. Any person or persons, firm, corporation or bridge or water district failing to comply with the requirements or infringing on the prohibitions of this section may be punished by a fine of $50 for each offense. These requirements, prohibitions and penalties may not apply to excavations in grading, building or repairing any of the public highways under the supervision of the municipal authorities. Such person or persons, firm, corporation or bridge or water district shall protect the paving on either side of the opening by the use of sheet piling or such other means as will prevent the escape of sand from underneath it. In determining the number of square yards of paving disturbed, there must be included such area of paving adjoining the trench actually opened as will, in the opinion of the road commissioner, the commissioner of public works or such officer as the municipal officers may appoint in the absence of a commissioner, be required to be taken up and relaid by reason of such failure to properly protect the same.   [PL 1999, c. 337, §6 (AMD).]
SECTION HISTORY
PL 1999, c. 337, §6 (AMD).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 3: LOCAL HIGHWAY LAW › Chapter 307: PROTECTION OF HIGHWAYS › Subchapter 2: EXCAVATIONS › Article 1: MUNICIPALITIES › 23 §3356. Skill required

§3356. Skill required
If the work or any part of the work mentioned in sections 3351 to 3355 of repairing or filling the trenches or excavations is unskillfully or improperly done, the road commissioner, the commissioner of public works or such officer as the municipal officers may appoint in the absence of a commissioner may immediately cause the work or any part of the work to be skillfully and properly done and shall keep an account of the expense. In such case, such person or persons, firm, corporation or bridge or water district in default shall forfeit and pay a penalty equal to the whole of the expense incurred by the municipality, with an addition of 50%. Thereafter, upon the completion of the work and the determination of the costs, the commissioner or appointee may not issue a further or new permit to any person or persons, firm, corporation or bridge or water district in default until the municipality receives, in addition to the fees provided, the amount of the penalty as by this section provided and determined.   [PL 1999, c. 337, §7 (AMD).]
SECTION HISTORY
PL 1999, c. 337, §7 (AMD).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 3: LOCAL HIGHWAY LAW › Chapter 307: PROTECTION OF HIGHWAYS › Subchapter 2: EXCAVATIONS › Article 1: MUNICIPALITIES › 23 §3357. Relaying of pavement

§3357. Relaying of pavement
When any excavation is made in any paved public highway and the trench has been filled as required by sections 3355 and 3356, the municipality shall relay the pavement or enter into an agreement for relaying of the pavement by the permittee. If the municipality relays the pavement, the cost of relaying the pavement, including materials, labor and inspection, must be paid out of any money in the municipal treasury standing to the credit of the regular fund for this purpose.   [PL 1999, c. 337, §8 (AMD).]
SECTION HISTORY
PL 1999, c. 337, §8 (AMD).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 3: LOCAL HIGHWAY LAW › Chapter 307: PROTECTION OF HIGHWAYS › Subchapter 2: EXCAVATIONS › Article 1: MUNICIPALITIES › 23 §3358. Filing map of location

§3358. Filing map of location
The party applying for a permit for an excavation under sections 3351 to 3358 must file a map or sketch with the road commissioner, the commissioner of public works or such officer as the municipal officers may appoint in the absence of a commissioner, showing the location and size of cuts to be made.   [PL 1999, c. 337, §9 (AMD).]
SECTION HISTORY
PL 1999, c. 337, §9 (AMD).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 3: LOCAL HIGHWAY LAW › Chapter 307: PROTECTION OF HIGHWAYS › Subchapter 2: EXCAVATIONS › Article 1: MUNICIPALITIES › 23 §3359. Minimum excavation for pavement on a concrete base

§3359. Minimum excavation for pavement on a concrete base
Unless otherwise required in a municipal ordinance or regulation, when any excavation is made in any paved public highway and the pavement is laid on a concrete base, the excavation must have the pavement and concrete cut back on each side of the excavation ditch a distance of 8 inches, and in issuing the permits for cutting the pavement this extra width must be charged to the person applying for the permits.   [PL 1999, c. 337, §10 (AMD).]
SECTION HISTORY
PL 1999, c. 337, §10 (AMD).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 3: LOCAL HIGHWAY LAW › Chapter 307: PROTECTION OF HIGHWAYS › Subchapter 2: EXCAVATIONS › Article 1: MUNICIPALITIES › 23 §3360. Notice to public utilities (REPEALED)

§3360. Notice to public utilities
(REPEALED)
SECTION HISTORY
PL 1971, c. 284 (NEW). PL 1979, c. 362, §1 (RP).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 3: LOCAL HIGHWAY LAW › Chapter 307: PROTECTION OF HIGHWAYS › Subchapter 2: EXCAVATIONS › Article 2: TOWNS › 23 §3381. Applications; repair (REPEALED)

§3381. Applications; repair
(REPEALED)
SECTION HISTORY
PL 1999, c. 337, §11 (RP).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 3: LOCAL HIGHWAY LAW › Chapter 307: PROTECTION OF HIGHWAYS › Subchapter 3: ABOLISHMENT OF GRADE CROSSINGS › 23 §3411. Petition; damages; expenses; temporary ways (REPEALED)

§3411. Petition; damages; expenses; temporary ways
(REPEALED)
SECTION HISTORY
PL 1971, c. 593, §13 (RPR). PL 1977, c. 112, §2 (AMD). PL 1981, c. 456, §A85 (AMD). PL 1989, c. 398, §2 (RP).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 3: LOCAL HIGHWAY LAW › Chapter 307: PROTECTION OF HIGHWAYS › Subchapter 3: ABOLISHMENT OF GRADE CROSSINGS › 23 §3412. Tracks of more than one railroad (REPEALED)

§3412. Tracks of more than one railroad
(REPEALED)
SECTION HISTORY
PL 1971, c. 593, §§19,20 (AMD). PL 1989, c. 398, §2 (RP).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 3: LOCAL HIGHWAY LAW › Chapter 307: PROTECTION OF HIGHWAYS › Subchapter 3: ABOLISHMENT OF GRADE CROSSINGS › 23 §3413. Order of Department of Transportation; appeals (REPEALED)

§3413. Order of Department of Transportation; appeals
(REPEALED)
SECTION HISTORY
PL 1971, c. 593, §14 (RPR). PL 1989, c. 398, §2 (RP).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 3: LOCAL HIGHWAY LAW › Chapter 307: PROTECTION OF HIGHWAYS › Subchapter 3: ABOLISHMENT OF GRADE CROSSINGS › 23 §3414. Amount paid by State or railroad corporation limited (REPEALED)

§3414. Amount paid by State or railroad corporation limited
(REPEALED)
SECTION HISTORY
PL 1965, c. 89 (AMD). PL 1971, c. 593, §19 (AMD). PL 1977, c. 380, §B6 (AMD). PL 1981, c. 456, §A86 (RP).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 3: LOCAL HIGHWAY LAW › Chapter 307: PROTECTION OF HIGHWAYS › Subchapter 4: REMOVAL OF BARS, FENCES OR OBSTRUCTIONS › 23 §3451. Gates, bars and fences; removal permitted

§3451. Gates, bars and fences; removal permitted
Any person may take down and remove gates, bars or fences upon or across any highway or town way, unless they are there to prevent the spread of infectious disease or were placed there by license of the county commissioners or municipal officers of the town. To those granting such license, a person aggrieved by such removal may apply and, on proof that such erections were made by their license, they may order them to be replaced by the person who removed them.
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 3: LOCAL HIGHWAY LAW › Chapter 307: PROTECTION OF HIGHWAYS › Subchapter 4: REMOVAL OF BARS, FENCES OR OBSTRUCTIONS › 23 §3452. Removal of obstructions

§3452. Removal of obstructions
When logs, lumber or other obstructions without necessity are left on such ways described in section 3451, any road commissioner or municipal officer may remove them, and he shall not be liable for loss or damage thereof unless occasioned by design or gross negligence. When no one appears to pay the expense and trouble of removal, he may sell at public auction so much thereof as is sufficient for the purpose, with charges of sale, posting notice of the time and place of sale in 2 public places in the town 7 days prior thereto. The person through whose neglect or willful default they were left may be prosecuted as for a nuisance.
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 3: LOCAL HIGHWAY LAW › Chapter 307: PROTECTION OF HIGHWAYS › Subchapter 4: REMOVAL OF BARS, FENCES OR OBSTRUCTIONS › 23 §3453. Nuisances; payment of prosecution expense

§3453. Nuisances; payment of prosecution expense
When anything has been adjudged to be a nuisance and to be abated under section 3452, and the materials of which it is composed do not on sale produce sufficient to pay the charges of prosecution, removal and sale, the court may order the deficiency to be raised by levy on the personal property of the person convicted of causing such nuisance.
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 3: LOCAL HIGHWAY LAW › Chapter 307: PROTECTION OF HIGHWAYS › Subchapter 4: REMOVAL OF BARS, FENCES OR OBSTRUCTIONS › 23 §3454. Trees near railroad crossings (REPEALED)

§3454. Trees near railroad crossings
(REPEALED)
SECTION HISTORY
PL 1971, c. 593, §22 (AMD). PL 1989, c. 398, §3 (RP).
2023 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).
2023 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).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 3: LOCAL HIGHWAY LAW › Chapter 311: FISCAL MATTERS › Subchapter 1: APPROPRIATIONS AND EXPENDITURES › 23 §3551. Raising of money

§3551. Raising of money
Towns shall annually raise money to be expended on town ways and highways and for the repair of bridges, and the same shall be assessed and collected as other town taxes and expended for said purposes by a road commissioner or commissioners.
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 3: LOCAL HIGHWAY LAW › Chapter 311: FISCAL MATTERS › Subchapter 1: APPROPRIATIONS AND EXPENDITURES › 23 §3552. Expenditures to be spaced (REPEALED)

§3552. Expenditures to be spaced
(REPEALED)
SECTION HISTORY
PL 1977, c. 290 (RP).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 3: LOCAL HIGHWAY LAW › Chapter 311: FISCAL MATTERS › Subchapter 2: ASSESSMENTS ON ABUTTING OWNERS › 23 §3601. Apportionment of damages or benefits

§3601. Apportionment of damages or benefits
Whenever the city government lays out any new street or public way, or widens or otherwise alters or discontinues any street or way in a city, and decides that any persons or corporations are entitled to damage therefor, and estimates the amount thereof to each in the manner provided by law, it may apportion the damages so estimated and allowed, or such part thereof as to it seems just, upon the lots adjacent to and bounded on such street or way, other than those for which damages are allowed, in such proportions as in its opinion such lots are benefited or made more valuable by such laying out or widening, alteration or discontinuance, not exceeding in case of any lot the amount of such benefit, but the whole assessment shall not exceed the damages so allowed. Before such assessment is made, notice shall be given to all persons interested of a hearing before said city government, at a time and place specified, which notice shall be published in some newspaper in said city at least one week before said hearing.
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 3: LOCAL HIGHWAY LAW › Chapter 311: FISCAL MATTERS › Subchapter 2: ASSESSMENTS ON ABUTTING OWNERS › 23 §3602. Notification to owners

§3602. Notification to owners
After said assessment provided for in section 3601 has been made upon such lots or parcels and the amount fixed on each, the same shall be recorded by the city clerk, and notice shall be given within 10 days after the assessment by delivering to each owner of said assessed lots resident in said city a certified copy of such recorded assessment, or by leaving it at his last and usual place of abode and by publishing the same 3 weeks successively in some newspaper published in said city, the first publication to be within said 10 days. Said clerk within 10 days shall deposit in the post office of said city, postage paid, a certified copy of such assessment directed to each owner or proprietor residing out of said city whose place of residence is known to said clerk, and the certificate of said clerk shall be sufficient evidence of these facts, and in the registry of deeds shall be the evidence of title in allowing or assessing damages and improvements, so far as notice is concerned.
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 3: LOCAL HIGHWAY LAW › Chapter 311: FISCAL MATTERS › Subchapter 2: ASSESSMENTS ON ABUTTING OWNERS › 23 §3603. Board of arbitration

§3603. Board of arbitration
Any person not satisfied with the amount for which he is assessed under section 3601 may, within 10 days after service of the notice provided for by section 3602 in either manner therein provided, by request in writing given to the city clerk, have the assessment upon his lot or parcel of land determined by arbitration. The municipal officers shall nominate 6 persons who are residents of said city, 2 of whom selected by the applicant with a 3rd resident person selected by said 2 persons shall fix the sum to be paid by him, and the report of such referees, made to the clerk of said city and recorded by him, shall be final and binding upon all parties. Said reference shall be had and their report made to said city clerk within 30 days from the time of hearing before the municipal officers as provided in section 3601.
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 3: LOCAL HIGHWAY LAW › Chapter 311: FISCAL MATTERS › Subchapter 2: ASSESSMENTS ON ABUTTING OWNERS › 23 §3604. Collection procedure

§3604. Collection procedure
All assessments and charges made under sections 3601 to 3603, shall be certified by the municipal officers and filed with the tax collector for collection. If the person assessed, within 30 days after written notice of the amount of such assessments and charges, fails, neglects or refuses to pay said municipality the expense thereby incurred, a special tax in the amount of such assessment and charges may be assessed by the municipal assessors upon each and every lot or parcel of land so assessed and buildings upon the same, and such assessment shall be included in the next annual warrant to the tax collector for collection, and shall be collected in the same manner as state, county and municipal taxes are collected.
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 3: LOCAL HIGHWAY LAW › Chapter 311: FISCAL MATTERS › Subchapter 2: ASSESSMENTS ON ABUTTING OWNERS › 23 §3605. Action for collection; amount recovered

§3605. Action for collection; amount recovered
If said assessments under section 3601 are not paid and said city does not proceed to collect said assessments by a sale of the lots or parcels of land upon which such assessments are made, or does not collect, or is in any manner delayed or defeated in collecting such assessments by a sale of the real estate so assessed, then the said city, in the name of said city, may maintain an action against the party so assessed for the amount of said assessment, as for money paid, laid out and expended, in any court competent to try the same, and in such action may recover the amount of such assessment with 12% interest on the same from the date of said assessment and costs.
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 3: LOCAL HIGHWAY LAW › Chapter 311: FISCAL MATTERS › Subchapter 2: ASSESSMENTS ON ABUTTING OWNERS › 23 §3606. Assessment for improvements

§3606. Assessment for improvements
Whenever a majority of the abutters in number and value upon any street or road in the thickly settled portion of any city or town shall in writing petition the city government or municipal officers of the town to improve said street or road by grading, parking, curbing, graveling, macadamizing, paving or in any other way making a permanent street of the same, or any part thereof, and to provide for the making and reconstructing of such street improvements, and such improvements are made, 2/3 of the cost thereof may be assessed on the property adjacent to and bounded on said street or road in the manner and with the same right of appeal provided in sections 3601 to 3605, which are made applicable to such assessments.
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 3: LOCAL HIGHWAY LAW › Chapter 311: FISCAL MATTERS › Subchapter 2: ASSESSMENTS ON ABUTTING OWNERS › 23 §3607. Damages for raising or lowering streets

§3607. Damages for raising or lowering streets
When a way or street is raised or lowered by a road commissioner or person authorized to the injury of an owner of adjoining land, he may within a year apply in writing to the municipal officers, and they shall view such way or street and assess the damages, if any have been occasioned thereby, to be paid by the town. Any person aggrieved by said assessment may have them determined, on complaint to the Superior Court, in the manner prescribed in section 3005. Said complaint shall be filed in the Superior Court in the county where the land is situated within 60 days from the date of assessment.
2023 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).
2023 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.
2023 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.
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 3: LOCAL HIGHWAY LAW › Chapter 313: LIABILITY FOR DAMAGES › 23 §3654. Failure to comply with commissioners' order; warrant of distress

§3654. Failure to comply with commissioners' order; warrant of distress
If the town neglects to make the repairs prescribed by the commissioners under section 3652, within the time fixed therefor in such notice to the town, they may cause it to be done by an agent, not one of themselves. Such agent shall cause the repairs to be made forthwith and shall render to the commissioners his account of disbursements and services in making the same. His account shall not be allowed without such notice to the town as the commissioners deem reasonable. When the account is allowed, the town becomes liable therefor, with the agent's expenses in procuring the allowance of his account and interest after such allowance, and said commissioners shall render judgment therefor against the town in favor of the agent. If a town neglects to pay such judgment for 30 days after demand, a warrant of distress shall be issued by the commissioners to collect the same.
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 3: LOCAL HIGHWAY LAW › Chapter 313: LIABILITY FOR DAMAGES › 23 §3655. Personal injury actions; limitations; damages; notice

§3655. Personal injury actions; limitations; damages; notice
A person who receives any bodily injury or suffers damage in the person's property through any defect or want of repair or sufficient railing in any highway, town way, causeway or bridge may recover for the same in a civil action, to be commenced within one year from the date of receiving such injury or suffering damage, of the county or town obliged by law to repair the same, if the commissioners of such county or the municipal officers or road commissioners of such town or any person authorized by any commissioner of such county or any municipal officer or road commissioner of such town to act as a substitute for either of them had 24 hours' actual notice of the defect or want of repair, but not exceeding $6,000 in case of a town. If the sufferer had notice of the condition of such way previous to the time of the injury, the sufferer cannot recover of a town unless the sufferer has previously notified one of the municipal officers of the defective condition of such way. Any person who sustains injury or damage or some person in the person's behalf shall, within 180 days thereafter, notify one of the county commissioners of such county or of the municipal officers of such town by letter or otherwise, in writing, setting forth the person's claim for damages and specifying the nature of the person's injuries and the nature and location of the defect that caused such injury. If the life of any person is lost through such deficiency, the person's executors or administrators may recover of such county or town liable to keep the same in repair, in a civil action, brought for the benefit of the estate of the deceased, such sum as the jury may determine reasonable as damages, if the parties liable had said notice of the deficiency that caused the loss of life. In any action against a town for damages for loss of life permitted under this section, the claim for and award of damages, including costs, against a town and its employees must be disposed of as provided under Title 18‑C, section 2‑807, but may not exceed $25,000 for each claim and $300,000 for any and all claims arising out of a single occurrence. No damages for the loss of comfort, society and companionship of the deceased may be allowed in an action under this section. At the trial of any such action the court may, on motion of either party, order a view of the premises where the defect or want of repair is alleged when it would materially aid in a clear understanding of the case.   [PL 2017, c. 402, Pt. C, §74 (AMD); PL 2019, c. 417, Pt. B, §14 (AFF).]
SECTION HISTORY
PL 1977, c. 2, §§3,5 (AMD). PL 1977, c. 578, §7 (AMD). PL 1977, c. 591, §§4-6 (AMD). PL 1979, c. 68, §§3,5 (AMD). PL 1979, c. 663, §138 (AMD). PL 2017, c. 402, Pt. C, §74 (AMD). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 3: LOCAL HIGHWAY LAW › Chapter 313: LIABILITY FOR DAMAGES › 23 §3656. Repair within 6 years; location conclusive

§3656. Repair within 6 years; location conclusive
When on trial of any such action or indictment as provided for in section 3655 it appears that the defendant county or town has made repairs on the way or bridge within 6 years before the injury, it shall not deny the location of such way or bridge.
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 3: LOCAL HIGHWAY LAW › Chapter 313: LIABILITY FOR DAMAGES › 23 §3657. Loads exceeding 6 tons; no liability (REPEALED)

§3657. Loads exceeding 6 tons; no liability
(REPEALED)
SECTION HISTORY
PL 1977, c. 363, §6 (RP).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 3: LOCAL HIGHWAY LAW › Chapter 313: LIABILITY FOR DAMAGES › 23 §3658. Sidewalk accident; no town liability

§3658. Sidewalk accident; no town liability
No town is liable to an action for damages to any person on foot on account of snow or ice on any sidewalk or crosswalk nor on account of the slippery condition of any sidewalk or crosswalk.
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 3: LOCAL HIGHWAY LAW › Chapter 315: ACTIONS AGAINST TOWNS OR RAILROADS › 23 §3701. Defective crossings; notice to railroad of action against town

§3701. Defective crossings; notice to railroad of action against town
In a civil action against a town for damages alleged to have occurred by reason of a defect in a railroad crossing constituting part of a highway which said town is obliged to keep in repair, the railroad company owning or occupying such crossing may be notified of the pendency of the action and take upon itself the defense of the same.
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 3: LOCAL HIGHWAY LAW › Chapter 315: ACTIONS AGAINST TOWNS OR RAILROADS › 23 §3702. Liability of railroad company

§3702. Liability of railroad company
In such trial described in section 3701, after notice as provided therein, if the plaintiff recovers and the jury finds specially that the damage was occasioned by the fault of such company, it shall be liable to the defendants in said action in a civil action for all damage and costs paid by them.
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 3: LOCAL HIGHWAY LAW › Chapter 315: ACTIONS AGAINST TOWNS OR RAILROADS › 23 §3703. Form of notice

§3703. Form of notice
The notice required in section 3701 shall be by copy of the summons and complaint served upon the company at least 30 days before the action is in order for trial unless the court orders otherwise.
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 3: LOCAL HIGHWAY LAW › Chapter 315: ACTIONS AGAINST TOWNS OR RAILROADS › 23 §3704. One indictment only at a term

§3704. One indictment only at a term
One indictment only for neglect to open ways or to keep them in repair shall be presented against a town at the same term of court, but it may contain as many counts as are necessary to describe all portions of ways alleged to be defective. The word "highway" used therein includes town ways, causeways and bridges.
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 3: LOCAL HIGHWAY LAW › Chapter 315: ACTIONS AGAINST TOWNS OR RAILROADS › 23 §3705. Disposition of fines; agents; duties

§3705. Disposition of fines; agents; duties
All fines imposed under sections 3701 to 3704 shall be appropriated to the repair of such ways. The court imposing them shall appoint one or more agents to superintend their collection and application. Within 3 months after collection, they shall make return of their doings to the clerk of the court, to remain on file for the inspection of those interested, and subject on their motion to be audited and corrected by the court. If an agent is guilty of gross neglect of duty or fraudulently misapplies or retains the fine, he forfeits to the town double its amount, to be recovered by indictment.
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 3: LOCAL HIGHWAY LAW › Chapter 315: ACTIONS AGAINST TOWNS OR RAILROADS › 23 §3706. Fines collected by assessment as taxes

§3706. Fines collected by assessment as taxes
When a fine is imposed on a town under sections 3701 to 3704, the clerk of the court shall certify it forthwith to the assessors, who shall assess the amount thereof as other town taxes, certify the same to said clerk and cause the amount to be collected by their collector, who shall pay the same to such agent at such time as the court orders. If not paid by that time, the clerk on application of such agent shall issue a warrant for its collection, as the Treasurer of State may do for the collection of a state tax.
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 3: LOCAL HIGHWAY LAW › Chapter 315: ACTIONS AGAINST TOWNS OR RAILROADS › 23 §3707. Failure to repair in 4 months; collection

§3707. Failure to repair in 4 months; collection
If the assessors neglect to make such assessment provided for in section 3706 and to certify it to the clerk and the defective way is not repaired to the acceptance of such agent within 4 months after notice of the fine, the court may issue a warrant to collect of the town the fine and costs or the unpaid part thereof.
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 4: UNINCORPORATED, UNORGANIZED PLACES AND PLANTATIONS › Chapter 401: LAYING OUT, ALTERING OR DISCONTINUING HIGHWAYS › 23 §4001. Hearing

§4001. Hearing
The county commissioners, on petition as provided in section 2051, may lay out, alter or discontinue a highway on any tract of land in their county not within any town or plantation required to raise money to make and repair highways.   [PL 1983, c. 471, §2 (AMD).]
If the county commissioners think that there ought to be a hearing, they shall cause notice to be given of the time and place appointed therefor, by service of an attested copy of the petition with their order thereon, upon the Department of Transportation and upon the owners of such lands, if known, 14 days before that time, and if unknown, by a publication thereof in any paper published in the county, or in the state paper if no paper is published in the county, for 6 successive weeks, the last, 30 days before that time. The names of the petitioners shall be printed by giving the name of the first signer and signifying how many others signed, as "John Doe and 20 others." No proceedings shall take place until it is proved that such notice has been given.   [PL 1971, c. 593, §22 (AMD).]
After hearing the parties at the time and place appointed, they may proceed as provided in section 2054.
SECTION HISTORY
PL 1971, c. 593, §22 (AMD). PL 1983, c. 471, §2 (AMD).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 4: UNINCORPORATED, UNORGANIZED PLACES AND PLANTATIONS › Chapter 401: LAYING OUT, ALTERING OR DISCONTINUING HIGHWAYS › 23 §4002. Appeals; committee; duties; report

§4002. Appeals; committee; duties; report
Any party interested in such decision under section 4001 may appeal therefrom to the Superior Court in said county within 30 days. All further proceedings before the commissioners shall be stayed until a decision is made in the appellate court. If no person appears to prosecute the appeal, the judgment of the commissioners shall be affirmed. If the appellant appears, the court may appoint a committee of 3 disinterested persons, who shall be sworn, and if one of them dies, declines or becomes interested, the court shall appoint another in his place and they shall cause notice to be given of the time and place of hearing before them by publication thereof in the state paper for 6 successive weeks, the last publication to be 14 days at least before the day of hearing, and personal notice to the appellant and to the chairman of the county commissioners, 30 days at least before the time set for hearing. They shall view the route, hear the parties and make their report to the court within 60 days or such further time as the court allows after their appointment, whether the judgment of the commissioners should be in whole or in part affirmed or reversed, which, being accepted and judgment thereon entered, shall forthwith be certified to the clerk of the commissioners. If the judgment of the commissioners in favor of laying out, grading or altering a way as prayed for is wholly reversed on appeal, the commissioners shall proceed no further. If their judgment is affirmed in whole or in part, they shall carry into effect the judgment of the appellate court. In all cases, they shall carry into full effect the judgment of the appellate court in the same manner as if made by themselves. The party appealing or prosecuting shall pay the costs incurred since the appeal, if so adjudged by the appellate court, which may allow costs in such cases to the prevailing party to be paid out of the county treasury. The committee shall be allowed a reasonable compensation for their services, to be fixed by the court upon the presentation of their report and paid from the county treasury upon the certificate of the clerk of courts. The costs allowed to the prevailing party and the fees of the committee shall be collected as provided in section 2053.
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 4: UNINCORPORATED, UNORGANIZED PLACES AND PLANTATIONS › Chapter 401: LAYING OUT, ALTERING OR DISCONTINUING HIGHWAYS › 23 §4003. No new petition for one year

§4003. No new petition for one year
If the final decision of the commissioners or of the committee is against the prayer of the petition provided for in section 4001, no new petition for the same road shall be entertained by the commissioners for one year thereafter.
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 4: UNINCORPORATED, UNORGANIZED PLACES AND PLANTATIONS › Chapter 403: MAINTENANCE AND REPAIRS (REPEALED) › 23 §4051. Inspection of roads; assessments for repairs; agent to superintend repairs (REPEALED)

§4051. Inspection of roads; assessments for repairs; agent to superintend repairs
(REPEALED)
SECTION HISTORY
PL 1983, c. 471, §3 (RP).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 4: UNINCORPORATED, UNORGANIZED PLACES AND PLANTATIONS › Chapter 403: MAINTENANCE AND REPAIRS (REPEALED) › 23 §4052. Repair of roads and bridges; assessment; agents (REPEALED)

§4052. Repair of roads and bridges; assessment; agents
(REPEALED)
SECTION HISTORY
PL 1983, c. 471, §3 (RP).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 4: UNINCORPORATED, UNORGANIZED PLACES AND PLANTATIONS › Chapter 405: FISCAL MATTERS (REPEALED) › 23 §4101. Raising of money (REPEALED)

§4101. Raising of money
(REPEALED)
SECTION HISTORY
PL 1983, c. 471, §4 (RP).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 4: UNINCORPORATED, UNORGANIZED PLACES AND PLANTATIONS › Chapter 405: FISCAL MATTERS (REPEALED) › 23 §4102. Assessment for opening roads; part county expense; appeal; agent to supervise (REPEALED)

§4102. Assessment for opening roads; part county expense; appeal; agent to supervise
(REPEALED)
SECTION HISTORY
PL 1983, c. 471, §4 (RP).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 4: UNINCORPORATED, UNORGANIZED PLACES AND PLANTATIONS › Chapter 405: FISCAL MATTERS (REPEALED) › 23 §4103. Owners may discharge assessments by building roads (REPEALED)

§4103. Owners may discharge assessments by building roads
(REPEALED)
SECTION HISTORY
PL 1983, c. 471, §4 (RP).