An Act To Improve the Laws Regarding Discontinued and Abandoned Roads
Sec. 1. 23 MRSA §3028, sub-§1, as enacted by PL 1991, c. 195, is amended to read:
Sec. 2. 23 MRSA §3028, sub-§1-A is enacted to read:
Sec. 3. 23 MRSA §3028, sub-§5, as enacted by PL 2015, c. 464, §7, is amended to read:
Under current law, a presumption of abandonment exists if a municipality fails for a period of 30 or more years to keep a way passable for the use of motor vehicles at the expense of the municipality. This bill eliminates that presumption for ways that have not met that statutory requirement by January 1, 2020 and instead specifies that the only process that a municipality may use to terminate its interests in a public way is through the discontinuance process established in the Maine Revised Statutes, Title 26, section 3026-A. This bill also amends the filing required by the clerk of a municipality following the determination of discontinuance by abandonment of a town way to require that the record filed with the registry of deeds include the evidence used by the municipality to make the determination of abandonment and the effective date of that determination of abandonment.