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STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-FOUR
_____
S.P. 982 - L.D. 2264
An Act to Clarify the Use of Public Equipment on Public Easements
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 23 MRSA §3036, sub-§5, as enacted by PL 2021, c. 743, §2, is amended to
read:
5. Meetings.
6 12 times, each year.
Sec. 2. 23 MRSA §3105-A, first ¶,
to read:
The inhabitants legislative body 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 the town's or village corporation's highway equipment
on private ways within such town or village corporation to plow, maintain or repair those
private ways to the extent directed by the legislative body and whenever such municipal
officers or assessors consider it advisable in the best interest of the town or village
corporation for fire and police protection.
Sec. 3. The Maine Abandoned and Discontinued Roads
Commission, established in the Maine Revised Statutes, Title 5, section 12004-I,
subsection 83-A, shall consider, in addition to matters it is required to consider by statute,
the following and shall include recommendations on these matters in the February 1, 2025
report required under Title 23, section 3036, subsection 11:
1. The scope of public use allowed on a public easement over an abandoned or
discontinued road, the need or justification for each type of use, the impact of the public
use on abutting property owners and ways to reduce the negative impacts on abutting
property owners;
2. Property owner liability, including personal injury, property damage and
environmental damage liability resulting from public use of an abandoned or discontinued
road;
3. Options to create a road inventory of abandoned and discontinued roads in the State;
and
LAW WITHOUT
GOVERNOR'S
SIGNATURE
APRIL 21, 2024
CHAPTER
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PUBLIC LAW Page 2 - 131LR3069(03)
4. Options to create a right-of-way template for property owners to use when a local
unit of government considers discontinuing the road abutting a property owner's property.