Putting Public Roads to Bed in Maine

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Problems? • -Three different laws to do the same thing • - Constitutional issues • - Takings • - Lucas v. South Carolina Coastal Council • - Investment-backed expectations (Penn Central Transportation Co. v. City of NY)
These do not matter because: • Maine Supreme Judicial Court says so • Because lack of maintenance is not a governmental action, there can be no taking (govt is doing nothing rather than doing some action) • Do you agree?
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 33 and 34: Aroostook County Hypo Again • Und
Page 35 and 36: Hypo under Abandonment Statute •
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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