§ 23 §3029-A — Damage to public easement; cause of action

Maine § 23 §3029-A

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

Text

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.
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.
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.
4.
Application.
This section does not apply to:

Legislative History

PL 2015, c. 464, §8 (NEW).