LAW WITHOUT
GOVERNOR'S CHAPTER
SIGNATURE
387
JULY 6, 2023 PUBLIC LAW
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-THREE
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S.P. 215 - L.D. 461
An Act Regarding Private Ways and Private Roads
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 23 MRSA §3101, sub-§1, ¶B, as amended by PL 2013, c. 198, §1, is further
amended to read:
B. "Repairs and maintenance" does not include paving, except in locations where
pavement does not exist if approved by an affirmative vote of at least 3/4 of the owners
of all the parcels benefited by the private road, private way or bridge at a meeting called
in accordance with subsection 2 or in locations where limited paving is demonstrated
to be a cost-effective approach for fixing an erosion problem or to repair and maintain
pavement existing as of July 1, 2007 for at least 8 years. "Maintenance" includes, but
is not limited to, snowplowing, snow removal, sanding and ice control; grading and
adding gravel and surface material; installing reclaimed asphalt or grinding existing
pavement for reuse; installing, cleaning and replacing culverts; creating and
maintaining ditches, drains and other storm water management infrastructure; creating
and maintaining sight distances on curves and at intersections; and cutting brush, trees
and vegetation in the right-of-way.
Sec. 2. 23 MRSA §3103, as amended by PL 2013, c. 198, §9, is repealed and the
following enacted in its place:
§3103. Contracts for repair; reserve accounts
The owners, at a meeting held under section 3101, may by a majority vote of the owners
present and voting in person or by written proxy or absentee ballot authorize:
1. Contract for repair. A contract for repairs or maintenance to the private road,
private way or bridge by the year or for a lesser time and may raise money for that purpose
pursuant to section 3101, subsection 5; and
2. Reserve account. A reserve account to be established to hold funds solely to be
used for repairs and maintenance.
Sec. 3. 23 MRSA §3104, as amended by PL 2017, c. 306, §1, is further amended to
read:
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§3104. Penalties and process
Money recovered under sections 3102 and 3103 is for the use of the owners. In any
notice of claim or process for the money's recovery, a description of the owners as owners
of parcels of land benefited by the private road, private way or bridge by name, clearly
describing each owner's parcel of land by the book and page number of the owner's deed
as recorded in the county's registry of deeds and the private road, private way or bridge, is
sufficient. If the private road, private way or bridge is shown on a plan recorded in the
county's registry of deeds, the plan's recording reference is sufficient. Such process is not
abated by the death of any owner or by the transfer of any owner's interest. Any money
owed pursuant to section 3101, 3102 or 3103 is an obligation that is personal to the owners
of the subject parcels, jointly or severally, and also burdens the parcel and runs with the
land upon the transfer of any owner's interest. After June 30, 2018, any money owed
pursuant to section 3101, 3102 or 3103 is not an obligation that burdens the parcel or runs
with the land upon the transfer of any owner's interest unless a notice of claim is recorded
in the county's registry of deeds prior to the transfer. A notice of claim filed in the registry
of deeds expires 18 months 6 years from the date of recording unless extended prior to the
expiration by recording of a notice of extension of the notice of claim. A recorded notice
of claim may be extended for additional 18-month 6-year periods until the claim is paid.
The commissioner or board may cause to be recorded in the county's registry of deeds a
notice of claim for money owed pursuant to section 3101, 3102 or 3103 that is more than
90 days delinquent and may add to the amount owed the recording costs for filing the notice
of claim. The recording of such notice does not constitute slander of title. Before recording
such notice or service of process of a complaint for collection in a civil action, the
commissioner or board shall give the owner against whom such action is to be taken written
notice, in the same manner as written notices of meetings are provided for in section 3101,
of the intended action if the debt is not paid within 20 days of the date of the written notice.
This written notice to cure must be sent at least 30 days before the recording of the notice
of claim or the service of process of the complaint for collection in a civil action.
Sec. 4. Report. The Maine Abandoned and Discontinued Roads Commission,
established in the Maine Revised Statutes, Title 23, section 3036, shall review the use of
the following terms in the Maine Revised Statutes: "private way"; "public way"; "private
road"; and "public easement." The commission shall determine whether changes to current
law would improve understanding and use of these terms throughout the Maine Revised
Statutes. By January 5, 2024, the commission shall submit a report to the Joint Standing
Committee on State and Local Government with the results of this study along with
recommended legislation. The committee may report out legislation relating to the report
to the Second Regular Session of the 131st Legislature. Notwithstanding Title 23, section
3036, subsection 5, the commission may meet more than 6 times in 2023 to complete the
work described in this section.
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Statutes affected:
Bill Text LD 461, SP 215: 23.1903, 23.1914, 23.3104, 29-A.101, 29-A.2063, 29-A.2356, 29-A.2382
Bill Text ACTPUB , Chapter 387: 23.3101, 23.3103, 23.3104