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| Home > Statutes > Usa Maine |
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USA Statutes : maine
Title : Title 23. HIGHWAYS
Chapter : Chapter 11. LAYING OUT, ALTERING AND DISCONTINUING HIGHWAYS
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Title 23 - §651. State and state aid highways
Title 23: HIGHWAYS
Part 1: STATE HIGHWAY LAW
Chapter 11: LAYING OUT, ALTERING AND DISCONTINUING HIGHWAYS
§651. State and state aid highways
The department may alter, widen or change the grade of any state or state aid highway whenever in its judgment the public
exigency may require, and may lay out, establish and open a new highway as a state highway, and upon appropriate petition
from municipal officers may lay out, establish and open a new highway as a state aid highway. It may discontinue a highway,
or a portion thereof, as a state or state aid highway and the same shall be thereafter maintained by the town or county originally
liable therefor except as otherwise provided.
[1971, c. 593, §22 (amd).]
div>
The department, in consultation with a municipality, may preserve and develop the natural scenic beauty along and adjacent
to any state or state aid highway to integrate the public improvement with the aesthetics of the area traversed by the highway,
particularly along those areas of the highway that constitute the entrance to that municipality. The department shall consult
with each municipality traversed by a state or state aid highway on the placement of utility poles and signs within the boundaries
of that municipality. The department may establish and maintain rest areas, turn-outs and parking strips for the suitable
accommodation of the public whenever in its judgment the public exigency may require.
[2003, c. 119, §1 (amd).]
div>
The department may construct ditches and drains to carry water away from any highway that is under its supervision or that
it is constructing, and over or through any lands of persons or corporations when it deems it necessary for public convenience
or for the proper care of such highway. No such ditch or drain shall pass under or within 20 feet of any dwelling house without
the consent of the owner thereof.
[1971, c. 593, §22 (amd).]
div>
Wherever, on or along public highways, ditches or drains have existed for a period of 20 years or longer, which cause water
to be flowed away from the highway, there shall be a conclusive presumption that easements for such flowage from such ditches
or drains exist, but only to the extent of the original flowage. This paragraph does not apply in the cases protected by section
6025.
[1987, c. 141, Pt. B, §18 (amd).]
div>
The department shall take into consideration the interests of a municipality as to the location of any state or state aid
highway construction or alteration within the boundaries of that municipality.
[2003, c. 119, §2 (amd).]
div>
The department, at its discretion, may authorize a person, corporation or entity who has had conditions imposed pursuant to
Title 23, section 704-A or by other governmental review to perform construction work on the state or state aid highway system
and on town ways. The performance of the work must be in compliance with the department's standards for highway and bridge
construction, traffic control and bonding and any other standards or conditions the department may impose. All of the department's
expenses and administrative costs relating to the work must be paid by the person authorized to perform the work. Notwithstanding
the Maine Tort Claims Act, Title 14, chapter 741, the State or its employees are immune from suit for damages arising from
any activities performed in connection with this work.
[1999, c. 468, §1 (amd).]
Section History:
PL 1965,
Ch. 295,
§2
(AMD).
PL 1969,
Ch. 212,
§
(AMD).
PL 1971,
Ch. 593,
§22
(AMD).
PL 1987,
Ch. 141,
§B18
(AMD).
PL 1991,
Ch. 409,
§3
(AMD).
PL 1999,
Ch. 468,
§1
(AMD).
PL 2003,
Ch. 119,
§1,2
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 23 - §652. Proceedings on damage claims
Title 23: HIGHWAYS
Part 1: STATE HIGHWAY LAW
Chapter 11: LAYING OUT, ALTERING AND DISCONTINUING HIGHWAYS
§652. Proceedings on damage claims
1. Change of grade. Whenever the department changes the grade of any state or state aid highway, as provided in chapters 1 to 19, to the injury
of an owner of adjoining land, that owner may apply, within 24 months after completion of the work according to the records
of the department, to the department in writing for a determination and assessment of damages. If the department is unable
to settle that damages at what it deems a reasonable amount, the department or interested parties may apply to the State Claims
Commission in writing for a determination and assessment of the damages. The proceedings shall then be the same as in condemnation
cases.
[1987, c. 769, Pt. A, §83 (rpr).]
2. Private water supplies. In the event an owner of land adjacent to a state or state aid highway conceives that a private water supply on that land
has been destroyed or rendered unfit for human consumption by the department constructing, reconstructing or maintaining the
highway, such owner may apply in writing to the department for a determination of the alleged cause and assessment of the
damage and if such claim is founded on construction, the owner shall present such application within 24 months after completion
date of the work as that date appears in the records of the department.
The application shall set forth the name and address of the owner, the owner's source of title, the location of the property,
a description of the damage, the cause to which the damage is attributed and the name and address of any lien holder.
A. If the department determines that it did not cause the alleged damage to such water supply, a copy of the determination
shall be served by registered or certified mail or by personal service as required for service of a summons on a complaint
in the Superior Court.
[1971, c. 593, §22 (amd).]
B. If the department determines that any damage to the privately owned water supply was caused by the department constructing,
reconstructing or maintaining the highway, a copy of the determination shall be served by registered or certified mail or
by personal service as required for service of a summons on a complaint in the Superior Court and shall set forth an offer
of settlement which shall be either:
(1) To replace the water supply; or
(2) To repair the damage to the water supply; or
(3) To pay a designated sum of money; or
(4) To purchase the realty served by the water supply in the event the cost of repair or replacement of the water supply
exceeds the appraisal value of the realty.
[1971, c. 593, §22 (amd).]
C. The department may issue rules and regulations in accordance with standards of the Department of Health and Human Services
and the Public Health Service regarding water potability for the determination of the degree of contamination, pollution or
fitness for domestic use.
[1975, c. 293, §4 (amd); 2003, c. 689, Pt. B, §6 (rev).]
D. The department shall in its determination consider the necessity for installation or replacement of piping, tanks, pumps,
heating systems or other related fixtures. The Department of Transportation shall not condition installation or replacement
on the owner giving possession or title of any privately owned piping, tanks, pumps, heating systems or other related fixtures
on his land to any agency of this State, unless agreed to by the property owner.
[1975, c. 2 (new).]
E. If the department is unable to settle at what it deems a reasonable settlement, the department or owner may apply to the
State Claims Commission in writing for a determination of the alleged cause and assessment of the damage. The proceedings
shall then be the same as in condemnation cases.
[1987, c. 769, Pt. A, §84 (rpr).]
F. This subsection shall not apply to private water supplies after June 26, 1969 where the location does not allow for or provide
for adequate surface drainage.
[1973, c. 625, §132 (amd).]
G. This subsection shall not apply to private water supplies now located or hereafter located within the right-of-way limits.
[1969, c. 435 (new).]
H. This subsection shall not apply to any private water supply damaged by construction, reconstruction or maintenance which
the department determines to have already been contaminated or polluted by another source to the degree said contamination
or pollution would have rendered it unfit for human consumption.
[1971, c. 593, §22 (amd).]
[1987, c. 769, Pt. A, §84 (amd); 2003, c. 689, Pt. B, §6 (rev).]
3. Private water supplies within the right-of-way. In order to prevent undue hardship to properties served by water systems existing within the right-of-way of state and state
aid highways prior to June 26, 1969, and which are the sole source of water supply to the property, and which are destroyed
or altered, subsequent to the effective date of this Act, due to highway construction or reconstruction, the Department of
Transportation is authorized to compensate the owners for such loss as may be determined equitable by the department.
[1979, c. 140 (new).]
Section History:
PL 1969,
Ch. 435,
§
(AMD).
PL 1971,
Ch. 593,
§22
(AMD).
PL 1973,
Ch. 625,
§132
(AMD).
PL 1975,
Ch. 2,
§
(AMD).
PL 1975,
Ch. 293,
§4
(AMD).
PL 1979,
Ch. 140,
§
(AMD).
PL 1987,
Ch. 395,
§A105,A106
(AMD).
PL 1987,
Ch. 402,
§B18,B19
(AMD).
PL 1987,
Ch. 769,
§A83,A84
(AMD).
PL 2003,
Ch. 689,
§B6
(REV).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 23 - §653. Highway boundaries
Title 23: HIGHWAYS
Part 1: STATE HIGHWAY LAW
Chapter 11: LAYING OUT, ALTERING AND DISCONTINUING HIGHWAYS
§653. Highway boundaries
1. Authority. The department may establish the boundary lines, limits or locations of any or all state highways and state aid highways
and cause durable monuments to be erected at the angles thereof.
[1999, c. 188, §1 (new).]
2. Reestablishment of lost or doubtful boundaries. Whenever in the opinion of the department the boundary lines, limits or location of any state highway or state aid highway
or any part thereof are lost, uncertain or doubtful, the department may reestablish those lines, limits or location; land
lying within those lines is a part of the highway right-of-way. The department shall file with the town clerk of the town
in which the highway is located and with the registry of deeds in the county in which the highway is located maps showing
the boundary lines, limits or location of such a reestablished highway, and those lines, boundaries, limits and location are
those of the reestablished highway. The department shall post descriptions of those parts of such highways that lie within
towns in one conspicuous place in those towns and at 2 points along the highway, and it shall publish a description of those
parts of highways that lie within any county in a newspaper, if any, in that county.
In the absence of record, plan or layout sufficient to reestablish the boundary lines, limits or location of a state highway
or state aid highway, the width of a state highway or state aid highway is deemed to extend to and include the area lying
outside the shoulders and ditch lines and within any landmarks or historic features such as fences, fence posts, tree rows,
stone walls, corner stones or other monuments indicating the boundary line.
In the absence of record, plan or layout or any landmarks or historic features that evidence the location of the boundaries
of the right-of-way, the width of a state highway or state aid highway is deemed to extend to and include the sidewalks, shoulders
and ditch lines adjacent to that highway and to the top of cuts or toe of fills where they exist.
Any person aggrieved by the reestablishment of boundary lines, limits and location of a reestablished highway may file a complaint
for the assessment of damages to the Superior Court in the county where the reestablished highway is located within 60 days
from the filing of maps with the registry of deeds, and not thereafter, and the court shall assess the damages, if any, by
jury, as long as the reestablished boundary lines, limits or location are not the same as originally established. The department
shall pay from its funds all expenses incurred and the amount of final judgment and costs if damages are awarded, except that
the amount of the final judgment and costs must be paid by the plaintiff if the plaintiff fails to recover any damages.
[1999, c. 188, §1 (new).]
Section History:
PL 1971,
Ch. 593,
§22
(AMD).
PL 1999,
Ch. 188,
§1
(RPR).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 23 - §654. Detour roads and signs
Title 23: HIGHWAYS
Part 1: STATE HIGHWAY LAW
Chapter 11: LAYING OUT, ALTERING AND DISCONTINUING HIGHWAYS
§654. Detour roads and signs
Before a state or state-aid highway is closed due to construction, the department shall establish a practical detour route
and properly sign the route at all intersections. The detour route shall be maintained in a condition adequate to serve traffic
until the state or state-aid highway under construction is opened to traffic. Upon completion of the construction project
all detour signs shall be removed.
[1989, c. 108, §1 (rpr).]
Section History:
PL 1971,
Ch. 593,
§22
(AMD).
PL 1975,
Ch. 771,
§251
(AMD).
PL 1989,
Ch. 108,
§1
(RPR).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
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