1. Cause of action. An owner of property abutting a discontinued or abandoned road in which a public easement exists may bring a civil action in Superior Court for damages and injunctive relief against a person who causes damage to the road in a manner that impedes reasonable access by the property owner to the property owner’s property by motor vehicle as defined in Title 29?A, section 101, subsection 42.

[PL 2015, c. 464, §8 (NEW).]

Terms Used In Maine Revised Statutes Title 23 Sec. 3029-A

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Public easement: means an easement held by a municipality for purposes of public access to land or water not otherwise connected to a public way, and includes all rights enjoyed by the public with respect to private ways created by statute prior to July 29, 1976. See Maine Revised Statutes Title 23 Sec. 3021
2. Damages. Damages may be sought pursuant to subsection 1 in an amount reasonably necessary to restore the road to its condition prior to the use by the person against whom the action is brought.

[PL 2015, c. 464, §8 (NEW).]

3. Attorney’s fees and costs. If the plaintiff under subsection 1 is the prevailing party, the plaintiff may be awarded reasonable attorney’s fees and costs.

[PL 2015, c. 464, §8 (NEW).]

4. Application. This section does not apply to:
A. A law enforcement officer who, in an emergency and within the scope of that law enforcement officer’s employment, operates a motor vehicle on a public easement; or [PL 2015, c. 464, §8 (NEW).]
B. An emergency responder who, in an emergency and while performing the duties of an emergency responder, operates a motor vehicle on a public easement. [PL 2015, c. 464, §8 (NEW).]

[PL 2015, c. 464, §8 (NEW).]

SECTION HISTORY

PL 2015, c. 464, §8 (NEW).
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