A municipality may terminate in whole or in part any interests held by it for highway purposes. A municipality discontinuing a town way or public easement in this State must meet the following requirements.
1.Notification of discontinuance to abutting property owners.
The municipal officers shall give best practicable notice to all abutting property owners of a proposed discontinuance of a town way or public easement.
1-A.
Discontinuance after October 1, 2018 of a town way with abutting property not otherwise accessible.
A municipality may not discontinue a town way that is not discontinued as of October 1, 2018 pursuant to this section if that town way is abutted by property not otherwise accessible by a public way, unless the municipal officers have complied with this subsection.
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A municipality may terminate in whole or in part any interests held by it for highway purposes. A municipality discontinuing a town way or public easement in this State must meet the following requirements.
1.
Notification of discontinuance to abutting property owners.
The municipal officers shall give best practicable notice to all abutting property owners of a proposed discontinuance of a town way or public easement.
1-A.
Discontinuance after October 1, 2018 of a town way with abutting property not otherwise accessible.
A municipality may not discontinue a town way that is not discontinued as of October 1, 2018 pursuant to this section if that town way is abutted by property not otherwise accessible by a public way, unless the municipal officers have complied with this subsection.
2.
Municipal officers meet to discuss proposed discontinuance and file order of discontinuance.
The municipal officers shall discuss a proposed discontinuance of a town way or public easement at a public meeting and file an order of discontinuance with the municipal clerk that specifies:
3.
Public hearing.
The municipal officers shall hold a public hearing on the order of discontinuance of a town way or public easement filed pursuant to subsection 2.
4.
Approval of order of discontinuance and damage awards.
The municipal legislative body must vote upon the order of discontinuance submitted to it:
5.
Certificate of discontinuance filed.
The municipal clerk shall record an attested certificate of discontinuance after a vote by the municipal legislative body under subsection 4 in the registry of deeds. The certificate must describe the town way or public easement and the final action by the municipal legislative body. The date the certificate is filed is the date the town way or public easement is discontinued. The registry of deeds shall record a certificate of discontinuance under the name of the town way or public easement, the name of the municipality and the names of the abutting property owners. The municipal clerk shall provide a photocopy of the certificate to the Department of Transportation, Bureau of Maintenance and Operations.
6.
Utility easement.
An easement for public utility facilities necessary to provide or maintain service remains in a discontinued town way regardless of whether a public easement is retained. Upon approval by a municipal legislative body of an order to discontinue a town way and retain a public easement, unless otherwise stated in the order, all remaining interests of the municipality, if any, pass to the abutting property owners in fee simple to the center of the way.