Sections
Subchapter 1 Guideposts 3301 – 3302
Subchapter 2 Excavations 3351 – 3360-A
Subchapter 4 Removal of Bars, Fences or Obstructions 3451 – 3453

Terms Used In Maine Revised Statutes > Title 23 > Part 3 > Chapter 307 - Protection of Highways

  • Academy: means the Maine Maritime Academy and its activities and functions supervised by its board of trustees or their designee. See Maine Revised Statutes Title 26 Sec. 1022
  • accumulated contributions: includes as much of the employer's contribution in the Retirement Allowance Fund as is needed to reach 7. See Maine Revised Statutes Title 5 Sec. 17001
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Agent: means any person who sells or distributes potatoes or rotation crops in commerce for or on behalf of producers or others and whose operations may include the planting, cultivating, harvesting, grading, packing and furnishing containers, supplies or other services. See Maine Revised Statutes Title 7 Sec. 1012
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Bargaining agent: means any lawful organization, association or individual representative of such organization or association, which has as one of its primary purposes the representation of employees in their employment relations with employers and which has been certified by the Executive Director of the Maine Labor Relations Board. See Maine Revised Statutes Title 26 Sec. 1022
  • Beneficiary: means a person or persons designated by a member to receive a benefit under this Part or a person otherwise entitled to receive a benefit under this Part. See Maine Revised Statutes Title 5 Sec. 17001
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Benefit: means any payment made, or required to be made, to a beneficiary under chapter 423, subchapter V or chapter 425, subchapter V. See Maine Revised Statutes Title 5 Sec. 17001
  • Board: means the board of trustees, established under section 12004?F, subsection 9, to administer the Maine Public Employees Retirement System. See Maine Revised Statutes Title 5 Sec. 17001
  • Board: means the Maine Labor Relations Board as defined in section 968, subsection 1. See Maine Revised Statutes Title 26 Sec. 1022
  • Board of Trustees: means the Board of Trustees of the University of Maine System, the Board of Trustees of the Maine Maritime Academy or the Board of Trustees of the Maine Community College System. See Maine Revised Statutes Title 26 Sec. 1022
  • Bounds of the watercourse: means the high-water marks of the shorelines of the lakes and ponds, the high-water marks of the intervening and connecting waters and the high-water marks of the banks of the streams and rivers of the watercourse. See Maine Revised Statutes Title 12 Sec. 1872
  • Broker: means any person engaged in the business of negotiating sales of potatoes in commerce for or on behalf of the seller or the purchaser, respectively. See Maine Revised Statutes Title 7 Sec. 1012
  • Bylaws: means those bylaws adopted by the interstate commission pursuant to section 18512 for its governance or for directing and controlling its actions and conduct. See Maine Revised Statutes Title 32 Sec. 18503
  • Canoe: means a form of small watercraft with no rudder or sails that is long and narrow, sharp on both ends or sharp on one end and blunt on the other end usually propelled by paddles or a small motor. See Maine Revised Statutes Title 12 Sec. 1872
  • Classified employee: means any employee not engaged in professional work as defined in subsection 7. See Maine Revised Statutes Title 26 Sec. 1022
  • Code: means the United States Internal Revenue Code of 1986, as amended. See Maine Revised Statutes Title 5 Sec. 17001
  • commerce: shall include the advertising, offering for sale, sale or distribution of any services and any property, tangible or intangible, real, personal or mixed, and any other article, commodity or thing of value wherever situate, and shall include any trade or commerce directly or indirectly affecting the people of this State. See Maine Revised Statutes Title 5 Sec. 206
  • Commissioner: means the voting representative appointed by a member board pursuant to section 18512. See Maine Revised Statutes Title 32 Sec. 18503
  • Community college: means the Maine state community colleges and their activities and functions supervised by the Board of Trustees of the Maine Community College System or its designee. See Maine Revised Statutes Title 26 Sec. 1022
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Contract: A legal written agreement that becomes binding when signed.
  • Control station: means a regular stopping place maintained by the bureau where users of the waterway may be registered. See Maine Revised Statutes Title 12 Sec. 1872
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Cost items: means the provisions of a collective bargaining agreement which require specific funding. See Maine Revised Statutes Title 26 Sec. 1022
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • Court reporter: A person who makes a word-for-word record of what is said in court and produces a transcript of the proceedings upon request.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Dealer: means any person engaged in the business of buying or selling potatoes or rotation crops in wholesale or jobbing quantities in commerce and includes:
A. See Maine Revised Statutes Title 7 Sec. 1012
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Department: means the Department of Agriculture, Conservation and Forestry. See Maine Revised Statutes Title 12 Sec. 1801
  • Director: means the Director of the Bureau of Parks and Lands. See Maine Revised Statutes Title 12 Sec. 1801
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Documentary material: shall include the original or a copy of any book, record, report, memorandum, paper, communication, tabulation, map, chart, photograph, mechanical transcription or other tangible document or recording wherever situate. See Maine Revised Statutes Title 5 Sec. 206
  • Emergency use: means a use resulting from unforeseen circumstances that calls for immediate action to protect persons or property. See Maine Revised Statutes Title 12 Sec. 1872
  • Employee: means :
    • A. See Maine Revised Statutes Title 5 Sec. 17001
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Executive Director: means the Executive Director of the Maine Labor Relations Board as defined in section 968, subsection 2. See Maine Revised Statutes Title 26 Sec. 1022
  • Federal Government: means the United States of America or any agency or instrumentality, corporate or otherwise, of the United States of America. See Maine Revised Statutes Title 30-A Sec. 2001
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Germane: On the subject of the pending bill or other business; a strict standard of relevance.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Herbicide: means a substance or mixture of substances used to destroy, dessicate, defoliate or prevent the growth of unwanted vegetation. See Maine Revised Statutes Title 12 Sec. 1872
  • Home rule authority: means the powers granted to municipalities under chapter 111; section 3001; and the Constitution of Maine, Article VIII, Part Second. See Maine Revised Statutes Title 30-A Sec. 2001
  • in writing: include printing and other modes of making legible words. See Maine Revised Statutes Title 1 Sec. 72
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Interstate commission: means the Interstate Medical Licensure Compact Commission created pursuant to section 18512. See Maine Revised Statutes Title 32 Sec. 18503
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • lands: includes lands and all tenements and hereditaments connected therewith, and all rights thereto and interests therein. See Maine Revised Statutes Title 1 Sec. 72
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • License: means authorization by a state for a physician to engage in the practice of medicine. See Maine Revised Statutes Title 32 Sec. 18503
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Local district: means :
    • A. See Maine Revised Statutes Title 5 Sec. 17001
  • Lock Dam Lot: means a certain lot or parcel of land described as follows:
    • Beginning at a point on the East town line of Township 7, Range 13 on the south bank of the thoroughfare between Chamberlain and Eagle Lakes, said point beginning 4 miles + 26. See Maine Revised Statutes Title 12 Sec. 1872
  • Majority: when used in reference to age shall mean the age of 18 and over. See Maine Revised Statutes Title 1 Sec. 72
  • Management plan: means a plan of timber harvesting operations for areas within the Allagash Wilderness Waterway. See Maine Revised Statutes Title 12 Sec. 1872
  • Medical practice act: means the laws and rules governing the practice of allopathic and osteopathic medicine within a member state. See Maine Revised Statutes Title 32 Sec. 18503
  • Member: means any person included in the membership of a retirement program of the retirement system, as provided in chapter 423, subchapter 2, or chapter 425, subchapter 2. See Maine Revised Statutes Title 5 Sec. 17001
  • Member board: means a state agency in a member state that acts in the sovereign interests of the state by protecting the public through licensure, regulation and education of physicians as directed by the state government. See Maine Revised Statutes Title 32 Sec. 18503
  • Member state: means a state that has enacted the compact. See Maine Revised Statutes Title 32 Sec. 18503
  • Month: means a calendar month. See Maine Revised Statutes Title 1 Sec. 72
  • Municipal legislative body: means :
    • A. See Maine Revised Statutes Title 30-A Sec. 2001
  • Municipal officers: means the mayor and municipal officers or councilors of a city, the members of the select board or councilors of a town and the assessors of a plantation. See Maine Revised Statutes Title 1 Sec. 72
  • Municipality: includes cities, towns and plantations, except that "municipality" does not include plantations in Title 10, chapter 110, subchapter IV; or Title 30?A, Part 2. See Maine Revised Statutes Title 1 Sec. 72
  • Municipality: means a city or town, except as provided in chapter 225. See Maine Revised Statutes Title 30-A Sec. 2001
  • Participating local district: means a local district that has approved the participation of its employees in the Participating Local District Retirement Program of the retirement system under section 18201. See Maine Revised Statutes Title 5 Sec. 17001
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: shall include , where applicable, natural persons, corporations, trusts, partnerships, incorporated or unincorporated associations and any other legal entity. See Maine Revised Statutes Title 5 Sec. 206
  • Personal property: All property that is not real property.
  • Physician: means a person who:
    • A. See Maine Revised Statutes Title 32 Sec. 18503
  • Pick-up contributions: means member contributions to the retirement system which are assumed and paid by the employer through a reduction of members' salaries for services rendered, in accordance with the United States Internal Revenue Code, Section 414(h), in lieu of employee contributions. See Maine Revised Statutes Title 5 Sec. 17001
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
  • Processor: means any person other than a consumer who purchases or contracts to purchase potatoes or rotation crops primarily for manufacture into articles of food or starch by operations that change the physical form the potatoes or rotation crops possessed when harvested. See Maine Revised Statutes Title 7 Sec. 1012
  • Professional employee: means any employee engaged in work:
    • A. See Maine Revised Statutes Title 26 Sec. 1022
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Quorum: The number of legislators that must be present to do business.
  • Regular employee: means any professional or classified employee who occupies a position that exists on a continual basis. See Maine Revised Statutes Title 26 Sec. 1022
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Restricted zone: means a land area of from 400 feet to 800 feet that extends in all directions from the bounds of the watercourse and includes all land areas within the bounds of the watercourse and all additional areas that may be added by mutual agreement between the director and private property owners. See Maine Revised Statutes Title 12 Sec. 1872
  • Retailer: means a person engaged in the business of buying potatoes or rotation crops in wholesale or jobbing quantities and reselling the potatoes or rotation crops bought primarily to consumers through at least 5 retail outlets located within or without the State. See Maine Revised Statutes Title 7 Sec. 1012
  • Retirement: means termination of membership with a retirement allowance granted under this chapter. See Maine Revised Statutes Title 5 Sec. 17001
  • Retirement system: means the Maine Public Employees Retirement System. See Maine Revised Statutes Title 5 Sec. 17001
  • Sale: includes every contract of purchase or sale, contract to purchase or sell, purchase, sale and disposition of potatoes or rotation crops for value. See Maine Revised Statutes Title 7 Sec. 1012
  • Service of process: The service of writs or summonses to the appropriate party.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • State: means any state, commonwealth, district or territory of the United States. See Maine Revised Statutes Title 32 Sec. 18503
  • State of principal license: means a member state where a physician holds a license to practice medicine and that has been designated as the state of principal license by the physician for purposes of registration and participation in the compact. See Maine Revised Statutes Title 32 Sec. 18503
  • Statute: A law passed by a legislature.
  • Subpoena: A command to a witness to appear and give testimony.
  • Subpoena duces tecum: A command to a witness to produce documents.
  • Supervisory employee: means any employee whose principal work tasks are characterized by performing such management control duties as scheduling, assigning, overseeing and reviewing the work of subordinate employees, or performing such duties as are distinct and dissimilar from those performed by the employees supervised, or exercising judgment in adjusting grievances, in applying other established personnel policies and procedures and in enforcing a collective bargaining agreement or establishing or participating in the establishment of performance standards for subordinate employees and taking corrective measures to implement those standards. See Maine Revised Statutes Title 26 Sec. 1022
  • Telos Dam Lot: means a certain lot or parcel of land situated in Township 6, Range 11, WELS, being known as the Telos Dam Lot, being a square lot 20 chains on each side. See Maine Revised Statutes Title 12 Sec. 1872
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Timber harvesting operation: means the cutting and removal of trees from their growing site and the attendant operation of mobile or portable chipping mills and of cutting and skidding machinery, including the creation and use of skid trails, skid roads and winter haul roads and the construction or creation of land management roads. See Maine Revised Statutes Title 12 Sec. 1872
  • Town: includes cities and plantations, unless otherwise expressed or implied. See Maine Revised Statutes Title 1 Sec. 72
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • United States: includes territories and the District of Columbia. See Maine Revised Statutes Title 1 Sec. 72
  • University: means all campuses or units of the university, represented by the board of trustees or its designee. See Maine Revised Statutes Title 26 Sec. 1022
  • Use: means an activity of any form, kind or description. See Maine Revised Statutes Title 12 Sec. 1872
  • Visible from the watercourse: means able to be seen by a person at any point on the watercourse from Churchill Dam north without the aid of any magnifying devices. See Maine Revised Statutes Title 12 Sec. 1872
  • Watercourse: means the bodies of water consisting of lakes, rivers and streams extending from Telos Lake Dam northerly to the confluence of West Twin Brook and Allagash River, a distance of approximately 85 miles, and bodies of water consisting of lakes and streams extending from where Allagash Stream crosses the west boundary of T. See Maine Revised Statutes Title 12 Sec. 1872
  • Watercraft: means any type of vessel, boat, canoe or craft used or capable of being used as a means of transportation on waters, other than a seaplane. See Maine Revised Statutes Title 12 Sec. 1872
  • Year: means a calendar year, unless otherwise expressed. See Maine Revised Statutes Title 1 Sec. 72