reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 3: LOCAL HIGHWAY LAW › Chapter 301: GENERAL PROVISIONS › Subchapter 5: RAILROADS › 23 §2915. Failure to comply; damages (REPEALED)

§2915. Failure to comply; damages
(REPEALED)
SECTION HISTORY
PL 1981, c. 456, §A81 (NEW). PL 1989, c. 398, §1 (RP).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 3: LOCAL HIGHWAY LAW › Chapter 301: GENERAL PROVISIONS › Subchapter 5: RAILROADS › 23 §2916. Right of entry (REPEALED)

§2916. Right of entry
(REPEALED)
SECTION HISTORY
PL 1981, c. 456, §A81 (NEW). PL 1989, c. 398, §1 (RP).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 3: LOCAL HIGHWAY LAW › Chapter 301: GENERAL PROVISIONS › Subchapter 5: RAILROADS › 23 §2917. Plant railroad defined (REPEALED)

§2917. Plant railroad defined
(REPEALED)
SECTION HISTORY
PL 1981, c. 456, §A81 (NEW). PL 1989, c. 398, §1 (RP).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 3: LOCAL HIGHWAY LAW › Chapter 301: GENERAL PROVISIONS › Subchapter 5: RAILROADS › 23 §2918. Bridges erected by municipalities maintained (REPEALED)

§2918. Bridges erected by municipalities maintained
(REPEALED)
SECTION HISTORY
PL 1981, c. 456, §A81 (NEW). PL 1989, c. 398, §1 (RP).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 3: LOCAL HIGHWAY LAW › Chapter 301: GENERAL PROVISIONS › Subchapter 5: RAILROADS › 23 §2919. Report of decisions and copies to parties interested (REPEALED)

§2919. Report of decisions and copies to parties interested
(REPEALED)
SECTION HISTORY
PL 1981, c. 456, §A81 (NEW). PL 1989, c. 398, §1 (RP).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 3: LOCAL HIGHWAY LAW › Chapter 301: GENERAL PROVISIONS › Subchapter 5: RAILROADS › 23 §2920. Speed limit at highway grade crossings (REPEALED)

§2920. Speed limit at highway grade crossings
(REPEALED)
SECTION HISTORY
PL 1981, c. 456, §A81 (NEW). PL 1989, c. 398, §1 (RP).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 3: LOCAL HIGHWAY LAW › Chapter 301: GENERAL PROVISIONS › Subchapter 5: RAILROADS › 23 §2921. Automatic signals; expense; definition (REPEALED)

§2921. Automatic signals; expense; definition
(REPEALED)
SECTION HISTORY
PL 1981, c. 456, §A81 (NEW). PL 1989, c. 398, §1 (RP).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 3: LOCAL HIGHWAY LAW › Chapter 301: GENERAL PROVISIONS › Subchapter 5: RAILROADS › 23 §2922. Crossings designated (REPEALED)

§2922. Crossings designated
(REPEALED)
SECTION HISTORY
PL 1981, c. 456, §A81 (NEW). PL 1989, c. 398, §1 (RP).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 3: LOCAL HIGHWAY LAW › Chapter 301: GENERAL PROVISIONS › Subchapter 5: RAILROADS › 23 §2923. Obstructions ordered removed; notice (REPEALED)

§2923. Obstructions ordered removed; notice
(REPEALED)
SECTION HISTORY
PL 1981, c. 456, §A81 (NEW). PL 1989, c. 398, §1 (RP).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 3: LOCAL HIGHWAY LAW › Chapter 301: GENERAL PROVISIONS › Subchapter 5: RAILROADS › 23 §2924. Expense of removal paid by municipality; partial state reimbursement (REPEALED)

§2924. Expense of removal paid by municipality; partial state reimbursement
(REPEALED)
SECTION HISTORY
PL 1981, c. 456, §A81 (NEW). PL 1989, c. 398, §1 (RP).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 3: LOCAL HIGHWAY LAW › Chapter 301: GENERAL PROVISIONS › Subchapter 5: RAILROADS › 23 §2925. Damages; municipality and State to share (REPEALED)

§2925. Damages; municipality and State to share
(REPEALED)
SECTION HISTORY
PL 1981, c. 456, §A81 (NEW). PL 1989, c. 398, §1 (RP).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 3: LOCAL HIGHWAY LAW › Chapter 301: GENERAL PROVISIONS › Subchapter 5: RAILROADS › 23 §2926. Buildings not removed without owner's consent (REPEALED)

§2926. Buildings not removed without owner's consent
(REPEALED)
SECTION HISTORY
PL 1981, c. 456, §A81 (NEW). PL 1989, c. 398, §1 (RP).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 3: LOCAL HIGHWAY LAW › Chapter 301: GENERAL PROVISIONS › Subchapter 5: RAILROADS › 23 §2927. Applicability to all railroads (REPEALED)

§2927. Applicability to all railroads
(REPEALED)
SECTION HISTORY
PL 1981, c. 456, §A81 (NEW). PL 1989, c. 398, §1 (RP).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 3: LOCAL HIGHWAY LAW › Chapter 301: GENERAL PROVISIONS › Subchapter 5: RAILROADS › 23 §2928. Railroad company may enter private property (REPEALED)

§2928. Railroad company may enter private property
(REPEALED)
SECTION HISTORY
PL 1981, c. 456, §A81 (NEW). PL 1987, c. 141, §B21 (AMD). PL 1989, c. 398, §1 (RP).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 3: LOCAL HIGHWAY LAW › Chapter 301: GENERAL PROVISIONS › Subchapter 5: RAILROADS › 23 §2929. Maintenance charges for private crossings (REPEALED)

§2929. Maintenance charges for private crossings
(REPEALED)
SECTION HISTORY
PL 1983, c. 255 (NEW). PL 1989, c. 398, §1 (RP).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 3: LOCAL HIGHWAY LAW › Chapter 301: GENERAL PROVISIONS › Subchapter 5: RAILROADS › 23 §2930. Partial reimbursement of cost (REPEALED)

§2930. Partial reimbursement of cost
(REPEALED)
SECTION HISTORY
PL 1985, c. 442, §1 (NEW). PL 1985, c. 813, §1 (AMD). PL 1987, c. 657 (RPR). PL 1989, c. 398, §1 (RP).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 3: LOCAL HIGHWAY LAW › Chapter 301: GENERAL PROVISIONS › Subchapter 6: MISCELLANEOUS › 23 §2951. Notification to county commissioners of change in highway

§2951. Notification to county commissioners of change in highway
Whenever the location of any state aid or town way that was designated as a 3rd class highway at the time that the 3rd class highway designations were rescinded is changed, added to, discontinued or a new location is established by a town or city, the municipal officers of said town or city shall notify the county commissioners of the county of which said town or city is a part of such change with an accurate description of the courses and distances, within 3 months from such action.
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 3: LOCAL HIGHWAY LAW › Chapter 301: GENERAL PROVISIONS › Subchapter 6: MISCELLANEOUS › 23 §2952. Longtime buildings and fences as bounds; estoppel

§2952. Longtime buildings and fences as bounds; estoppel
When buildings or fences have existed more than 20 years fronting upon any way, street, lane or land appropriated to public use, the bounds of which cannot be made certain by records or monuments, such buildings or fences shall be deemed the true bounds thereof. When the bounds can be so made certain, no time less than 40 years will justify their continuance thereon, and on indictment and conviction they may be removed. Persons owning lands beside a highway or town way on which are buildings or fences that encroach within the limits of said way may, by a writing under seal by them signed and acknowledged and recorded in the registry of deeds for the county or registry district in which the land lies, admit to the municipal officers of the town in which said way exists the true bounds or limits of said way and the extent of their wrongful occupancy thereof. Thereafter such persons, and all claiming title under or through them, shall be estopped from asserting any right to the continuance of such buildings or fences within said limits for the full term of 40 years from the date of such deed.
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 3: LOCAL HIGHWAY LAW › Chapter 301: GENERAL PROVISIONS › Subchapter 6: MISCELLANEOUS › 23 §2953. Closing of roads in winter

§2953. Closing of roads in winter
1.  Announcement of winter closing of roads.
The municipal officers may on their own initiative, or upon petition by 7 legal voters of the municipality, at any time between May 1st and October 1st of any year, set forth that any road or roads, or portion thereof, in the municipality are so located with reference to population, use and travel thereon, that it is unnecessary to keep the road or roads maintained and open for travel during the months of November, December, January, February, March and April or any part of these months.
[PL 1981, c. 215 (NEW).]
2.  Notice and hearing.
Prior to an announcement under subsection 1, the municipal officers shall hold a hearing on the proposed winter closing of a road or roads or portion thereof. The municipal officers shall place a written notice of the hearing in some conspicuous, public place in the municipality at least 7 days before the hearing.
[PL 1981, c. 215 (NEW).]
3.  Order of closing.
After a hearing under subsection 2, the municipal officers shall file with the municipal clerk any order specifying the location of the road, the months or portions thereof for which it is to be closed and for how many years, not to exceed 10, the closing shall be operative. The legislative body of the municipality shall by vote either approve each order or provide that orders so made by the municipal officers shall be a final determination.
[PL 1981, c. 215 (NEW).]
4.  Alteration of order.
The municipal officers may on their own initiative, or upon petition by 7 legal voters of the municipality, at any time subsequent to one year from the date of a final determination, after notice and hearing, annul, alter or modify the original determination. The municipal officers shall file with the municipal clerk an order specifying any decision to annul, alter or modify, which shall not become final until the legislative body of the municipality by vote either approves each order or provides that orders so made by the municipal officers are a final determination.
[PL 1981, c. 215 (NEW).]
5.  Appeal.
The final determination by the legislative body or the municipal officers may be appealed to the board of county commissioners of the county in which the municipality lies, upon petition by 7 legal voters of the municipality within 30 days after the final determination is made. In an appeal before a board of county commissioners, the decision of the commissioners shall be governed by the standards set forth in this section.
[PL 1981, c. 215 (NEW).]
SECTION HISTORY
PL 1979, c. 410 (RPR). PL 1979, c. 597, §§1,2 (AMD). PL 1981, c. 215 (RPR).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 3: LOCAL HIGHWAY LAW › Chapter 301: GENERAL PROVISIONS › Subchapter 6: MISCELLANEOUS › 23 §2954. Ice bridges; penalty for injuring (REPEALED)

§2954. Ice bridges; penalty for injuring
(REPEALED)
SECTION HISTORY
PL 1977, c. 363, §4 (RP).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 3: LOCAL HIGHWAY LAW › Chapter 301: GENERAL PROVISIONS › Subchapter 6: MISCELLANEOUS › 23 §2955. Placing turf in street prohibited (REPEALED)

§2955. Placing turf in street prohibited
(REPEALED)
SECTION HISTORY
PL 1981, c. 456, §A82 (RP).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 3: LOCAL HIGHWAY LAW › Chapter 303: LAYING OUT, ALTERING OR DISCONTINUING HIGHWAYS (REPEALED) › 23 §3001. Power of officers; notice (REPEALED)

§3001. Power of officers; notice
(REPEALED)
SECTION HISTORY
PL 1975, c. 711, §7 (RP).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 3: LOCAL HIGHWAY LAW › Chapter 303: LAYING OUT, ALTERING OR DISCONTINUING HIGHWAYS (REPEALED) › 23 §3002. Winter roads (REPEALED)

§3002. Winter roads
(REPEALED)
SECTION HISTORY
PL 1975, c. 711, §7 (RP).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 3: LOCAL HIGHWAY LAW › Chapter 303: LAYING OUT, ALTERING OR DISCONTINUING HIGHWAYS (REPEALED) › 23 §3003. Acceptance by town (REPEALED)

§3003. Acceptance by town
(REPEALED)
SECTION HISTORY
PL 1975, c. 711, §7 (RP).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 3: LOCAL HIGHWAY LAW › Chapter 303: LAYING OUT, ALTERING OR DISCONTINUING HIGHWAYS (REPEALED) › 23 §3004. Discontinuance of way (REPEALED)

§3004. Discontinuance of way
(REPEALED)
SECTION HISTORY
PL 1965, c. 270, §1 (AMD). PL 1973, c. 456 (AMD). PL 1973, c. 625, §§133-A (AMD). PL 1975, c. 711, §7 (RP).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 3: LOCAL HIGHWAY LAW › Chapter 303: LAYING OUT, ALTERING OR DISCONTINUING HIGHWAYS (REPEALED) › 23 §3005. Damages; appeals (REPEALED)

§3005. Damages; appeals
(REPEALED)
SECTION HISTORY
PL 1975, c. 431, §11 (AMD). PL 1975, c. 711, §7 (RP).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 3: LOCAL HIGHWAY LAW › Chapter 303: LAYING OUT, ALTERING OR DISCONTINUING HIGHWAYS (REPEALED) › 23 §3006. Refusal or neglect of municipal officers (REPEALED)

§3006. Refusal or neglect of municipal officers
(REPEALED)
SECTION HISTORY
PL 1975, c. 711, §7 (RP).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 3: LOCAL HIGHWAY LAW › Chapter 303: LAYING OUT, ALTERING OR DISCONTINUING HIGHWAYS (REPEALED) › 23 §3007. Use of highway pending decision (REPEALED)

§3007. Use of highway pending decision
(REPEALED)
SECTION HISTORY
PL 1975, c. 711, §7 (RP).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 3: LOCAL HIGHWAY LAW › Chapter 303: LAYING OUT, ALTERING OR DISCONTINUING HIGHWAYS (REPEALED) › 23 §3008. Unreasonable refusal to accept or discontinue (REPEALED)

§3008. Unreasonable refusal to accept or discontinue
(REPEALED)
SECTION HISTORY
PL 1975, c. 711, §7 (RP).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 3: LOCAL HIGHWAY LAW › Chapter 303: LAYING OUT, ALTERING OR DISCONTINUING HIGHWAYS (REPEALED) › 23 §3009. Action by county forestalls action by town (REPEALED)

§3009. Action by county forestalls action by town
(REPEALED)
SECTION HISTORY
PL 1975, c. 711, §7 (RP).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 3: LOCAL HIGHWAY LAW › Chapter 303: LAYING OUT, ALTERING OR DISCONTINUING HIGHWAYS (REPEALED) › 23 §3010. Grading; county's share of expenses (REPEALED)

§3010. Grading; county's share of expenses
(REPEALED)
SECTION HISTORY
PL 1975, c. 711, §7 (RP).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 3: LOCAL HIGHWAY LAW › Chapter 303: LAYING OUT, ALTERING OR DISCONTINUING HIGHWAYS (REPEALED) › 23 §3011. Reinstatement of ways discontinued by county; damages (REPEALED)

§3011. Reinstatement of ways discontinued by county; damages
(REPEALED)
SECTION HISTORY
PL 1975, c. 711, §7 (RP).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 3: LOCAL HIGHWAY LAW › Chapter 303: LAYING OUT, ALTERING OR DISCONTINUING HIGHWAYS (REPEALED) › 23 §3012. Change of street location on plans (REPEALED)

§3012. Change of street location on plans
(REPEALED)
SECTION HISTORY
PL 1969, c. 306 (AMD). PL 1975, c. 711, §7 (RP).
2023 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).
2023 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).
2023 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).
2023 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).
2023 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).
2023 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).
2023 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).
2023 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).
2023 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 must be determined using the methods in sections 154 to 154‑E, as far as practicable, except that references to the "commission" or the "board" mean the "municipal officers" and references to the "state" mean the "municipality."   [RR 2021, c. 2, Pt. A, §65 (COR).]
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). RR 2021, c. 2, Pt. A, §65 (COR).
2023 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).
2023 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).
2023 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).
2023 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).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 3: LOCAL HIGHWAY LAW › Chapter 305: CONSTRUCTION, MAINTENANCE AND REPAIR › Subchapter 1: PUBLIC WAYS › 23 §3051. Road machines used after August 10th (REPEALED)

§3051. Road machines used after August 10th
(REPEALED)
SECTION HISTORY
PL 1971, c. 593, §22 (AMD). PL 1981, c. 456, §A83 (RP).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 3: LOCAL HIGHWAY LAW › Chapter 305: CONSTRUCTION, MAINTENANCE AND REPAIR › Subchapter 1: PUBLIC WAYS › 23 §3052. Materials placed on roadside; removal

§3052. Materials placed on roadside; removal
If any municipality in the construction or repair of its highways places any stone, sod or other material upon land within the limit of any highway which the owner has cleared from stone and smoothed so that it is tillable land and so used, said municipality shall within 30 days remove the same from such land. Failing to do this, the owner of said land may remove such stone, sod or other material therefrom and be paid the same price per hour for such removal as is paid by said municipality for labor in the construction and repair of its roads.
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 3: LOCAL HIGHWAY LAW › Chapter 305: CONSTRUCTION, MAINTENANCE AND REPAIR › Subchapter 1: PUBLIC WAYS › 23 §3053. Contracts for construction of bridges (REPEALED)

§3053. Contracts for construction of bridges
(REPEALED)
SECTION HISTORY
PL 1971, c. 593, §22 (AMD). PL 1981, c. 456, §A84 (RP).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 3: LOCAL HIGHWAY LAW › Chapter 305: CONSTRUCTION, MAINTENANCE AND REPAIR › Subchapter 1: PUBLIC WAYS › 23 §3054. Performance bonds required

§3054. Performance bonds required
No contract shall be awarded unless its faithful performance shall be secured to the State by a bond in penal sum of not less than 20% of the amount of the contract.
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 3: LOCAL HIGHWAY LAW › Chapter 305: CONSTRUCTION, MAINTENANCE AND REPAIR › Subchapter 1: PUBLIC WAYS › 23 §3055. Americans with Disabilities Act of 1990 compliance

§3055. Americans with Disabilities Act of 1990 compliance
Whenever a municipality undertakes a project for construction or reconstruction of a public way, the owner of an aboveground facility, including but not limited to poles, guys, hydrants, transformers or other utility facilities, within that portion of the public way shall ensure that the facility meets the requirements of the Americans with Disabilities Act of 1990. Any alteration, relocation or expense necessary to meet the requirements of the Americans with Disabilities Act of 1990 is the sole responsibility of the facility owner.   [PL 2021, c. 334, §2 (NEW).]
SECTION HISTORY
PL 2021, c. 334, §2 (NEW).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 3: LOCAL HIGHWAY LAW › Chapter 305: CONSTRUCTION, MAINTENANCE AND REPAIR › Subchapter 2: PRIVATE WAYS › 23 §3102. Commissioner's or board's duties; neglect of owners to pay

§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 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.   [PL 2013, c. 198, §8 (AMD).]
SECTION HISTORY
PL 1997, c. 682, §2 (AMD). PL 1999, c. 552, §2 (AMD). PL 2007, c. 625, §2 (AMD). PL 2013, c. 198, §8 (AMD).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 3: LOCAL HIGHWAY LAW › Chapter 305: CONSTRUCTION, MAINTENANCE AND REPAIR › Subchapter 2: PRIVATE WAYS › 23 §3103. Contracts for repair; reserve accounts

§3103. Contracts for repair; reserve accounts
The owners, at a meeting held under section 3101, may by a majority vote of the owners present and voting in person or by written proxy or absentee ballot authorize:   [PL 2023, c. 387, §2 (NEW).]
1.  Contract for repair.
A contract for repairs or maintenance to the private road, private way or bridge by the year or for a lesser time and may raise money for that purpose pursuant to section 3101, subsection 5; and
[PL 2023, c. 387, §2 (NEW).]
2.  Reserve account.
A reserve account to be established to hold funds solely to be used for repairs and maintenance.
[PL 2023, c. 387, §2 (NEW).]
SECTION HISTORY
PL 1997, c. 682, §2 (AMD). PL 2005, c. 479, §1 (AMD). PL 2007, c. 625, §3 (AMD). PL 2013, c. 198, §9 (AMD). PL 2023, c. 387, §2 (RPR).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 3: LOCAL HIGHWAY LAW › Chapter 305: CONSTRUCTION, MAINTENANCE AND REPAIR › Subchapter 2: PRIVATE WAYS › 23 §3104. Penalties and process

§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 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 or bridge, is sufficient. If the private road, private way 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.   [PL 2023, c. 387, §3 (AMD).]
SECTION HISTORY
PL 1997, c. 682, §2 (AMD). PL 2007, c. 625, §4 (AMD). PL 2013, c. 198, §10 (AMD). PL 2017, c. 306, §1 (AMD). PL 2023, c. 387, §3 (AMD).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 3: LOCAL HIGHWAY LAW › Chapter 305: CONSTRUCTION, MAINTENANCE AND REPAIR › Subchapter 2: PRIVATE WAYS › 23 §3105. Use of town equipment (REPEALED)

§3105. Use of town equipment
(REPEALED)
SECTION HISTORY
PL 2009, c. 239, §4 (RPR). PL 2009, c. 501, §1 (RP).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 3: LOCAL HIGHWAY LAW › Chapter 305: CONSTRUCTION, MAINTENANCE AND REPAIR › Subchapter 2: PRIVATE WAYS › 23 §3105-A. Use of town equipment

§3105-A. Use of town equipment
The inhabitants 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 within such town or village corporation whenever such municipal officers or assessors consider it advisable in the best interest of the town or village corporation for fire and police protection.   [PL 2009, c. 501, §2 (NEW).]
SECTION HISTORY
PL 2009, c. 501, §2 (NEW).
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 3: LOCAL HIGHWAY LAW › Chapter 305: CONSTRUCTION, MAINTENANCE AND REPAIR › Subchapter 3: BRIDLE PATHS AND TRAILS › 23 §3151. Bridle paths and trails; damages

§3151. Bridle paths and trails; damages
Bridle paths and trails may be laid out, altered or discontinued by any town or city within such town or city on petition therefor in the same manner as is provided by law for the laying out, altering or discontinuing of town ways in a town or city streets in a city, except that no cultivated or improved land shall be taken without the consent of the owner and a 2/3 vote shall be required for the acceptance of such paths and trails by any town. All provisions now in force as to assessment of damages and appeal therefrom in cases of laying out, altering and discontinuing town ways in towns or city streets shall apply to laying out, altering and discontinuing bridle paths and trails, except that the petitioners shall have no right of appeal.
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 3: LOCAL HIGHWAY LAW › Chapter 305: CONSTRUCTION, MAINTENANCE AND REPAIR › Subchapter 3: BRIDLE PATHS AND TRAILS › 23 §3152. Town regulations apply

§3152. Town regulations apply
Bridle paths and trails, when laid out and accepted under section 3151, shall be subject to such regulations as to use as may be established by the city or town laying them out.
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 3: LOCAL HIGHWAY LAW › Chapter 305: CONSTRUCTION, MAINTENANCE AND REPAIR › Subchapter 3: BRIDLE PATHS AND TRAILS › 23 §3153. No obligation to keep open in winter; bridges to be safe; signs

§3153. No obligation to keep open in winter; bridges to be safe; signs
Cities and towns maintaining bridle paths and trails mentioned in sections 3151 and 3152 shall not be under any obligation to keep them in repair or to break them out in winter. If any city or town shall erect a bridge on such bridle path or trail, it shall be under the same obligation to keep such bridge in a safe condition for the use of horses and riders as it is now under to keep highway bridges in repair for the purposes for which they are used. Such city or town shall erect at the entrance of such bridle paths and trails suitable signs, signifying that they are bridle paths or trails only, and not for use of vehicles, and that persons may use them at their own risk.
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 3: LOCAL HIGHWAY LAW › Chapter 305: CONSTRUCTION, MAINTENANCE AND REPAIR › Subchapter 4: SNOW REMOVAL › 23 §3201. Removal required; damages

§3201. Removal required; damages
When any ways are blocked or encumbered with snow, the road commissioner shall forthwith cause so much of it to be removed or trodden down as will render them passable. The town may direct the manner of doing it. In case of sudden injury to ways or bridges, he shall without delay cause them to be repaired. All damage, accruing to a person in his business or property through neglect of such road commissioner or the municipal officers of such town to so render passable ways that are blocked or encumbered with snow, within a reasonable time, may be recovered of such town by a civil action.
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 3: LOCAL HIGHWAY LAW › Chapter 305: CONSTRUCTION, MAINTENANCE AND REPAIR › Subchapter 4: SNOW REMOVAL › 23 §3202. Mail routes; snow fences

§3202. Mail routes; snow fences
There shall be furnished and kept in repair in each section of the town through which there is a mail route some effectual apparatus for opening ways obstructed by snow, to be used to break and keep open the way to the width of 10 feet, and the municipal officers of towns, or any road commissioner under their direction, may take down fences upon the line of public highways when they deem it necessary to prevent the drifting of snow therein, but they shall in due season be replaced, in as good condition as when taken down, without expense to the owner.
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 3: LOCAL HIGHWAY LAW › Chapter 305: CONSTRUCTION, MAINTENANCE AND REPAIR › Subchapter 5: DRAINAGE AND WATERCOURSES › 23 §3251. Ditches, drains and culverts; control; damages

§3251. Ditches, drains and culverts; control; damages
The municipal officers of a town may at the expense of the town construct ditches, drains and culverts to carry water away from any highway or road therein, and over or through any lands of persons or corporations, when they deem it necessary for public convenience or for the proper care of such highway or road, provided no such ditch, drain or culvert shall pass under or within 20 feet of any dwelling house without the consent of the owner thereof. Such ditches, drains and culverts may be constructed under such highways or roads. Such ditches, drains or culverts shall be under the control of said municipal officers and interference therewith may be punishable by a fine of not more than $500 or by imprisonment for not more than 3 months, or by both. If such town does not maintain and keep in repair such ditches, drains and culverts, the owner or occupant of the lands through or over which they pass may have his action against the town for damages thereby sustained.
Before land is so taken, notice shall be given and damages assessed and paid therefor as is provided for the location of town ways.
2023 Maine Revised Statutes › TITLE 23: TRANSPORTATION › Part 3: LOCAL HIGHWAY LAW › Chapter 305: CONSTRUCTION, MAINTENANCE AND REPAIR › Subchapter 5: DRAINAGE AND WATERCOURSES › 23 §3253. Violations; jurisdiction (REPEALED)

§3253. Violations; jurisdiction
(REPEALED)
SECTION HISTORY
PL 2003, c. 452, §L8 (RP). PL 2003, c. 452, §X2 (AFF).