Amend the amendment by striking out all of the first and 2nd paragraphs after the title (page 1, lines 12 to 18 in amendment)
Amend the amendment by inserting before section 1 the following:
‘Sec. 1. 17 MRSA §3853-E is enacted to read:
Amend the amendment by striking out all of section 5 and inserting the following:
‘Sec. 5. 23 MRSA §§3026-A and 3026-B are enacted to read:
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.
Notwithstanding section 3028, subsection 2, if a public easement is in a discontinued or abandoned town way and the public easement has not been discontinued as of January 1, 2016 as evidenced by approval of an order of discontinuance, the public easement is deemed to have been retained by the municipality. This section does not apply to a public easement that is discontinued pursuant to section 3026-A.’
Amend the amendment by striking out all of sections 7 to 9.
Amend the amendment by striking out all of section 12.
Amend the amendment by relettering or renumbering any nonconsecutive Part letter or section number to read consecutively.
SUMMARY
This amendment amends Committee Amendment "A" in the following manner:
1. It removes the mandate preamble;
2. It removes the requirement that the clerk of a municipality file a record of a certificate of discontinuance with the registry of deeds, the Department of Transportation and the municipality;
3. It removes the requirement that a municipality, 21 years after a certificate of discontinuance has been filed, reconsider and vote on the discontinuance;
4. It removes the requirement that those town ways that have not met the statutory presumption of abandonment by January 1, 2015 may only be discontinued by complying with the new discontinuance process proposed in the committee amendment. It also removes the requirement that the clerk of a municipality that determines that a town way has been determined abandoned under the old process file notice of that determination with the registry of deeds, the Department of Transportation and the municipality;
5. It removes the requirement that a municipality develop lists of all town ways that are currently maintained with public funds and that have been discontinued and abandoned since 1965, publish the lists and record the lists at the appropriate county registry of deeds and the Department of Transportation;
6. It provides that a public easement in a discontinued or abandoned road has been retained if, as of January 1, 2016, there is no evidence of approval of an order of discontinuance by the municipal legislative body;
7. It provides that a person who causes damage to a discontinued or abandoned road in which a public easement exists commits a Class E crime; and
8. It clarifies the provision in the committee amendment that requires a public easement to be retained if the existing legal rights of abutting property owners to access their property will be eliminated. It provides that the access to the property must be in the same manner as prior to the discontinuance.
FISCAL NOTE REQUIRED
(See attached)