An Act To Amend the Law Regarding Road Associations

Sec. 1. 23 MRSA §3102,  as amended by PL 2013, c. 198, §8, is further amended to read:

§ 3102. Commissioner's or board's duties; neglect of owners to pay

The commissioner or board chosen under section 3101, with respect to the private road, private way or bridge, has the powers of a road commissioner. If any owner, on requirement of the commissioner or board, neglects to furnish that owner's proportion of labor, materials or money, the same may be furnished by the other owners and recovered of the owner neglecting to pay in a civil action, together with costs of suit and reasonable attorney's fees. Such civil action may be brought in the name of and by the road association created pursuant to this subchapter and the decision to bring that civil action may be made by the commissioner or board or as otherwise provided for in the road association's bylaws. The commissioner's or board's apportioning of the cost of repairs to the road undertaken pursuant to the provisions of section 3101 may not exceed 1% 2% of an individual owner's municipal property valuation in any calendar year.

summary

Under current law, if a road association is formed for the maintenance of a private road, private way or bridge, all owners of land benefitted by that private road, way or bridge are required to pay a share of the costs incurred for the maintenance of that private road, way or bridge. If an owner fails to pay, the owner's share of the costs may be recovered in a civil action, up to a maximum of 1% of the owner's municipal property valuation.

This bill increases the maximum amount of liability to 2% of the owner's municipal property valuation.