LD 539
pg. 1
LD 539 Title Page An Act Authorizing Municipalities To Establish Walking Trails Page 2 of 2
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LR 1012
Item 1

 
Be it enacted by the People of the State of Maine as follows:

 
Sec. 1. 23 MRSA §3154 is enacted to read:

 
§3154. Municipal walking trails

 
1. Municipal walking trails authorized. A municipality may lay
out, alter and discontinue walking trails according to the
following provisions.

 
A.__A 2/3 vote of the municipal officers is required for the
acceptance of that municipal walking trail by that
municipality.

 
B.__The municipality may not take any cultivated or improved
land to lay out or alter municipal walking trails without
the consent of the landowner.

 
C.__All provisions regarding the assessment of damages and
appeal in cases of laying out, altering and discontinuing
public ways in a municipality apply to laying out, altering
and discontinuing municipal walking trails.

 
D.__Municipal walking trails are subject to such regulations
as to use as may be established by the municipality.

 
E.__The municipality shall erect at the entrance of a
municipal walking trail signs signifying that it is not for
use of vehicles, and that persons use it at their own risk.

 
2. Limited liability of landowner. Pursuant to Title 14,
section 159-A, if a landowner permits a municipality to use the
landowner's private property for a municipal walking trail, the
landowner does not assume responsibility for care of the
municipal walking trail or incur liability for any injury to
person or property caused by any act of persons who use the
municipal walking trail except for a willful or malicious failure
of the landowner to guard or to warn against a dangerous
condition, use, structure or activity.


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