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126th MAINE LEGISLATURE |
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LD 1177 |
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LR 1124(10) |
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An Act To
Implement the Recommendations from the Discontinued and Abandoned Roads
Stakeholder Group |
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Fiscal Note for
Senate Amendment " " to Committee Amendment "A" |
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Sponsor: Sen. Thomas of Somerset |
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Fiscal Note Required: Yes |
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Fiscal Note |
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Changes to Municipal Requirements |
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Fiscal Detail
and Notes |
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The amendment
eliminates the requirement that municipalities vote to reconsider a
discontinuance 21 years after a certificate of discontinuance is filed and
may only terminate a non-abandoned interest held for highway purposes through
discontinuance. The requirement that municipalities must prepare and file
with the registry of deeds and the Department of Transportation (DOT), by
January 1, 2016, a list of all town ways maintained with public funds,
discontinued since 1965 and abandoned since 1965 has now been made optional
in this amendment. The amendment retains the committee amendment requirement
that a record of abandonment be filed with the registry of deeds and DOT when
municipal officers determine that a town way is presumed abandoned, but this amendment
also requires this filing to occur if a court determines that a town way is
presumed abandoned. |
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The net effect of these changes on
municipalities is less costs associated with listing certain town ways and
filing certain certificates of discontinuance as compared to the committee
amendment. |
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