Putting Public Roads to Bed in Maine

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Hypo under Statutory Abandonment • Problem: Landowners now have to pay to maintain what was a townmaintained road at time of purchase • And town retains an easement • And no damages were paid to the landowners • Fair or too bad?
Proposed Changes to Law • Possible Solution #1: • Repeal 3028 and allow 3026 and common law abandonment to operate • Possible Solution #2: • Repeal 3026 and 3028 and abrogate common law abandonment and replace with a new statute
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 and 34: Aroostook County Hypo Again • Und
Page 35: Hypo under Abandonment Statute •
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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