‘ Mandate preamble. This measure requires one or more local units of government to expand or modify activities so as to necessitate additional expenditures from local revenues but does not provide funding for at least 90% of those expenditures. Pursuant to the Constitution of Maine, Article IX, Section 21, 2/3 of all of the members elected to each House have determined it necessary to enact this measure.
Sec. 1. 23 MRSA §2060, sub-§2, as enacted by PL 1999, c. 188, §2, is amended to read:
Sec. 2. 23 MRSA §3021, sub-§1-A is enacted to read:
Sec. 3. 23 MRSA §3021, sub-§2, as enacted by PL 1975, c. 711, §8, is amended to read:
Sec. 4. 23 MRSA §3026, as repealed and replaced by PL 1981, c. 683, §1, is repealed.
Sec. 5. 23 MRSA §§3026-A and 3026-B are enacted to read:
§ 3026-A. Discontinuance of town ways
A municipality may terminate in whole or in part any interests held by it for highway purposes. A municipality discontinuing a town way or public easement in this State must meet the following requirements.
(1) The extent of municipal maintenance and liability responsibilities, if any; and
(2) The restrictions on how the public may use the public easement, if any.
An easement for public utility facilities necessary to provide or maintain service remains in a discontinued town way regardless of whether a public easement is retained. Upon approval by a municipal legislative body of an order to discontinue a town way and retain a public easement, unless otherwise stated in the order, all remaining interests of the municipality pass to the abutting property owners in fee simple to the center of the way.
§ 3026-B. Reconsideration of order of discontinuance
Sec. 6. 23 MRSA §3027, sub-§1, as amended by PL 1987, c. 385, §1, is further amended to read:
(The municipal officers of) (A petition has been filed with the municipal officers of)_____________________ (Name of Town or City)__________________ (propose to) (to vacate) the following (ways) (way) shown upon a subdivision plan (named) (dated) (and) recorded in the_________________________County Registry of Deeds, Book of Plans, Volume________, Page________.
(Herein list or describe ways to be vacated)
If the municipal officers enter an order vacating (these ways) (this way) any person claiming an interest in (these ways) (this way) (adverse to the claims of the petitioners) must, within one (1) year of the recording of the order, file a written claim thereof under oath in the_________________ County Registry of Deeds and must, within one hundred eighty (180) days of the filing of the claim, commence an action in the Superior Court in ___________________ County in accordance with the Maine Revised Statutes , Title 23, section 3027-A.
The municipal officers shall file an order of vacation with the municipal clerk that specifies the location of the way, the names of owners of lots on the recorded subdivision plan and the amount of damages, if any, determined by the municipal officers to be paid to each lot owner or other person having an interest in the way. Damages and reasonable costs as determined by the municipal officers shall must be paid by the petitioners, if any.
Sec. 7. 23 MRSA §3028, sub-§1, as enacted by PL 1991, c. 195, is amended to read:
Sec. 8. 23 MRSA §3028, sub-§1-A is enacted to read:
Sec. 9. 23 MRSA §3028, sub-§5 is enacted to read:
Sec. 10. 23 MRSA §3029-A is enacted to read:
§ 3029-A. Damage to public easement; cause of action
Sec. 11. 35-A MRSA §2308, as amended by PL 2011, c. 623, Pt. B, §9, is further amended to read:
§ 2308. Protection of utility facilities upon discontinuance of public ways
In proceedings for the discontinuance of public ways, public ways may be discontinued in whole or in part. The discontinuance of a town way must be pursuant to Title 23, section 3026 3026-A. Unless an order discontinuing a public way specifically provides otherwise, the public easement provided for in Title 23, section 3026 3026-A includes an easement for public utility facilities and for the permitted facilities of entities authorized under section 2301 to construct lines. A utility or entity may continue to maintain, repair and replace its installations within the limits of the way or may construct and maintain new facilities within the limits of the discontinued way, if it is used for travel by motor vehicles, in order to provide utility or telecommunications service, upon compliance with the provisions of sections 2503, 2505, 2506, 2507 and 2508.
Sec. 12. Municipalities to develop list of town ways. During the first fiscal year for which the state budget provides that the amount to be distributed to municipalities from the Local Government Fund pursuant to the Maine Revised Statutes, Title 30-A, section 5681 is at least 5% of the receipts by the fund for that fiscal year from the taxes imposed under Title 36, Parts 3 and 8 and Title 36, section 2552, subsection 1, paragraphs A to F and L without any further reductions, a municipality shall prepare a list of all town ways in that municipality that are currently maintained with public funds; a list of all town ways that have been discontinued since 1965 and whether or not a public easement was retained, if known; and a list of all town ways that have been abandoned since 1965 and whether or not a public easement was retained, if known. A municipality shall publish the lists on its publicly accessible website or make copies available at the municipal office. A municipality shall record the lists at the appropriate county registry of deeds and with the Department of Transportation. The registry of deeds shall record these lists under the name of the municipality. The Department of Transportation may provide a municipality a list of that municipality's state and state aid highways and individual town ways.’