| 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 |
| 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. |
