§ 23 §3028-A — Abandonment of town ways

Maine § 23 §3028-A

• Jurisdiction: Maine
• Title 23: TRANSPORTATION
• Part 3: LOCAL HIGHWAY LAW
• Ch. 304: ACQUISITION OF PROPERTY FOR HIGHWAY PURPOSES

Text

Beginning October 1, 2021, a town way, or portion thereof, may not be declared discontinued by abandonment unless the municipality or county where the proposed abandoned town way is situated complies with the requirements of this section. A municipality or its officials or a county or its officials are not liable for nonperformance of a legal duty with respect to a town way declared discontinued by abandonment in accordance with this section.
1.
Definitions.
As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
2.
Declaration of abandonment.
Municipal officers or county commissioners may vote to declare a town way discontinued by abandonment if:
3.
Notification of discontinuation by abandonment.
The municipal officers or county commissioners shall give best practicable notice to all affected property owners of the town way to be declared discontinued by abandonment at least 30 days prior to the meeting required in subsection 2, paragraph B.
4.
Public hearing.
The municipal officers or county commissioners shall hold a public hearing prior to voting to declare a town way discontinued by abandonment under subsection 2 upon receipt of written request signed by at least 25% of affected property owners. The written request for a public hearing must be received by the municipal clerk or county clerk no more than 10 days after the notification issued pursuant to subsection 3.
5.
Status of town way discontinued by abandonment.
If the municipal officers or county commissioners vote to declare a town way discontinued by abandonment, the interests of the municipality or county in the abandoned town way pass as follows.
6.
Filing in registry of deeds.
If the municipal officers or county commissioners vote to declare a town way discontinued by abandonment, the municipal clerk or county clerk shall record an attested certificate of the discontinuance by abandonment in the registry of deeds in the county where the abandoned town way is situated.
7.
Appeal.
Notwithstanding section 3029, a person affected by a vote to declare a town way discontinued by abandonment may appeal the decision by filing a written appeal request within 10 days of the vote as follows:
8.
Quasi-judicial act.
The determination of the municipal officers regarding the status of a town way pursuant to this section is a quasi-judicial act under Title 14, section 8104‑B, subsection 2.
9.
Previously abandoned town ways.
This section does not alter the status of a town way abandoned by a municipality or county under the terms of former section 3028.
10.
Common law abandonment.
This section does not alter the ability of a town way to be abandoned under the common law presumption of abandonment.
11.
Removal of obstructions.
If the municipal officers or county commissioners have declared a town way discontinued by abandonment and have retained a public easement in the abandoned town way under this section, the municipality, county commissioners or an abutter on the way, acting with the written permission of the municipal officers or county commissioners, may remove any gates, bars or other obstructions in the town way.

Legislative History

PL 2021, c. 145, §2 (NEW). PL 2021, c. 145, §3 (AFF).