LD 1459
pg. 1
LD 1459 Title Page An Act Concerning Payment for Repairs on Private Ways LD 1459 Title Page
Download Bill Text
LR 965
Item 1

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

 
Sec. 1. 23 MRSA §3101, as amended by PL 1999, c. 552, §1, is
further amended to read:

 
§3101. Call of meetings; repairs

 
Except as provided in this section, when 4 or more parcels of
land are benefited by a private way or bridge as an appurtenant
easement or by fee ownership of the way or bridge, the owners of
any 3 or more of the parcels, as long as at least 3 of the
parcels are owned by different persons, may make written
application to a notary public to call a meeting, who may issue a
warrant setting forth the time, place and purpose of the meeting,
copies of which must be posted at some public place in the town
and mailed to the owners of all the parcels benefited by the way
at the addresses set forth in the municipal tax records, at least
30 days before such time. When so assembled, they may choose a
commissioner, to be sworn, and they may determine what repairs
are necessary and the materials to be furnished or amount of
money to be paid by each owner for the repairs and the manner of
calling future meetings. A landowner who does not have a primary
residence on any of the parcels of land or who resides on any of
the parcels for less than 6 months per calendar year may be
assessed for the repairs no more than 1/2 of the amount that is
assessed for the repairs against a landowner who has a primary
residence or resides on any of the parcels for 6 months or longer
in a calendar year. This section does not apply to ways
constructed or primarily used for commercial or forest management
purposes. As used in this section, "repairs" does not include
paving, except to repair existing pavement or in locations where
limited paving is demonstrated to be a cost-effective approach
for fixing an erosion problem.

 
SUMMARY

 
This bill ensures that individuals who do not have primary
residences or who live on a parcel of land for less than 6 months
a year will be assessed a 1/2 share of the amount assessed
against a full-time resident for repairs to private ways.


LD 1459 Title Page Top of Page LD 1459 Title Page