Maine LD 494: An Act Regarding the Maintenance of Easements

LD 494 (subjects: MUNICIPALITIES , ROADS )

Official bill page at mainelegislature.org: http://www.mainelegislature.org/legis/bills/display_ps.asp?ld=494&PID=1456&snum=127


Sponsors | Actions | Bill Text | Patterns of Support


Sponsors

Principal Sponsor: Rep. Gary Hilliard of Belgrade: (R – District 76) — e-mail | Facebook

1 Cosponsors:

Actions

Chamber

Action
2/24/2015 House Committee on State and Local Government suggested and ordered printed.
The Bill was REFERRED to the Committee on STATE AND LOCAL GOVERNMENT.
Sent for concurrence. ORDERED SENT FORTHWITH.
2/24/2015 Senate On motion by Senator WOODSOME of York REFERRED to the Committee on STATE AND LOCAL GOVERNMENT , in concurrence.
5/29/2015 Senate Pursuant to Joint Rule 310.3 Placed in Legislative Files (DEAD)

Bill Text

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An Act Regarding the Maintenance of Easements

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 23 MRSA 3026-A is enacted to read:

3026-A. Maintenance of public easements held by a municipality

A public easement held by a municipality must be maintained by the municipality to ensure use and enjoyment in accordance with section 3021, subsection 2.

Sec. 2. 23 MRSA 3028, sub- 1, as enacted by PL 1991, c. 195, is amended to read:

1. Presumption of abandonment. It is prima facie evidence that a town or county way not kept passable for the use of motor vehicles at the expense of the municipality or county for a period of 30 or more consecutive years has been discontinued by abandonment. A presumption of abandonment may be rebutted by evidence that manifests a clear intent by the municipality or county and the public to consider or use the way as if it were a public way. A proceeding to discontinue a town or county way may not prevent or estop a municipality from asserting a presumption of abandonment. A municipality or its officials are not liable for nonperformance of a legal duty with respect to such ways if there has been a good faith reliance on a presumption of abandonment. Any person affected by a presumption of abandonment, including the State or a municipality, may seek declaratory relief to finally resolve the status of such ways. A way that has been abandoned under this section is relegated to the same status as it would have had after a discontinuance pursuant to section 3026, except that this status is at all times subject to an affirmative vote of the legislative body of the municipality within which the way lies making that way an easement for recreational use. If the municipality votes affirmatively to make the way an easement for recreational use, the municipality shall maintain the easement for such use. A presumption of abandonment is not rebutted by evidence that shows isolated acts of maintenance, unless other evidence exists that shows a clear intent by the municipality or county to consider or use the way as if it were a public way.

SUMMARY

This bill provides that a municipality must maintain a public easement held by the municipality to ensure use and enjoyment in accordance with the definition of a public easement. A municipality must also maintain an easement when a municipality votes affirmatively to make a way an easement for recreational use.

Patterns of Support

Pattern of Cosponsorship by Region:

Pattern of Cosponsorship by Gender:

Pattern of Cosponsorship by Party:

Pattern of Cosponsorship by Campaign Finance Classification:

Note: Maine Clean Elections Act (MCEA) Qualified candidates only accept a small dollar value of initial contributions early in their campaigns, pledge not to accept further campaign contributions from private sources, and receive public funding for their campaigns. MCEA Non-Qualified candidates choose not to obtain public funding and instead are free to accept campaign contributions from individuals, party committees, political action committees and business sources.


This information about LD 494 was last updated on 2016-05-12.
The Open Maine Politics website is in a beta release and results should not be taken as definitive. Please visit the official website of the Maine State Legislature for entirely verifiable information.

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