Putting Public Roads to Bed in Maine

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Hypo under Discontinuance • Town officials decide to discontinue • Provide notice; file order with clerk • Officials determine any damages and amounts • If after September 3, 1965 then public easement retained (but damages might be paid)
Hypo under Abandonment Statute • Road presumed abandoned if 30 years of non-maintenance by Town • If no party successfully rebuts the presumption of abandonment then the order stands (unless court rules no) • Public easement automatically retained • Remainder of property reverts to abutters • Does town mess with recreational easement?
Page 1: Putting Public Roads to Bed in Main
Page 20 and 21: Monument Road Example Suppose the f
Page 22 and 23: Three Types of Roads • 1. Town Wa
Page 24 and 25: Three ways to dispose of roads •
Page 26 and 27: Common Law Abandonment • Non-use
Page 28: Statutory Abandonment Cont’d •
Page 31 and 32: These do not matter because: • Ma
Page 33: Aroostook County Hypo Again • Und
Page 37 and 38: Proposed Changes to Law • Possibl
Page 39 and 40: Final look at the hypo: Under Solut
Page 41 and 42: Conclusion • Is the problem large

Putting Public Roads to Bed in Maine

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