Maine § 23 §3034 Structures located in proposed ways

Maine Statutes

§ 23 §3034 — Structures located in proposed ways

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

1.Action to compel removal. When any structure, for 20 years, has been continuously located, in whole or in part, within a proposed, unaccepted way laid out in a subdivision plan recorded in the registry of deeds, and lots have been sold with reference to this plan, no action may be maintained by any person to compel removal of the structure based upon the fact of its location within the proposed, unaccepted way. For the purposes of this section, person includes a corporation, partnership, governmental entity or other entity.

2.Applicability. This section applies to structures existing and proposed, unaccepted ways laid out on subdivision plans recorded in registries of deeds before, on or after the effective date of this section, except that:

3.Notice. The notice required under subsect

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1.
Action to compel removal.
When any structure, for 20 years, has been continuously located, in whole or in part, within a proposed, unaccepted way laid out in a subdivision plan recorded in the registry of deeds, and lots have been sold with reference to this plan, no action may be maintained by any person to compel removal of the structure based upon the fact of its location within the proposed, unaccepted way. For the purposes of this section, person includes a corporation, partnership, governmental entity or other entity.
2.
Applicability.
This section applies to structures existing and proposed, unaccepted ways laid out on subdivision plans recorded in registries of deeds before, on or after the effective date of this section, except that:
3.
Notice.
The notice required under subsection 2, paragraphs A and B, shall contain:
4.
Register's duties.
In indexing a notice presented for recording under subsection 2, the register of deeds shall make an entry:
5.
Who may present notice for recording.
The notice required under subsection 2 may be presented for recording by the person claiming the right or interest or a person acting on his behalf. Disability or lack of knowledge by the person claiming the right or interest shall not extend the time limitations related to the recording of the notice.
6.
Mailing the notice.
Within 20 days of the recording of the notice required under subsection 2, the person who presented the notice for recording shall deliver or mail, to the owner's last-known address, a copy of the notice to the owner of the structure described in the notice.