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| Home > Statutes > Usa-Maine |
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USA Statutes : maine
Title : Title 23. HIGHWAYS
Chapter : Chapter 205. FIXING OF BOUNDARIES OR LOCATIONS
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Title 23 - §2101. Lost or doubtful boundaries
Title 23: HIGHWAYS
Part 2: COUNTY HIGHWAY LAW
Chapter 205: FIXING OF BOUNDARIES OR LOCATIONS
§2101. Lost or doubtful boundaries
When the true boundaries of highways or town ways duly located, or of which the location is lost, or which can only be established
by user, are doubtful, uncertain or lost, the county commissioners of the county wherein such highway or town way is located,
upon petition of the municipal officers of the town wherein the same lies, shall, after such notice thereon as is required
for the location of new ways, proceed to hear the parties, examine said highway or town way, locate and define its limits
and boundaries by placing stakes on side lines at all apparent intersecting property lines and at intervals of not more than
100 feet and cause durable monuments to be erected at the angles thereof at the expense of the town wherein said highway or
town way lies, make a correct return of their doings, signed by them, accompanied by an accurate plan of the way. If any real
estate is damaged by said action, they shall award damages to the owner as in laying out new highways, in the case of highways
to be paid by the county and in the case of town ways to be paid by the town. Their return, made at the next regular statute
session after the hearing, shall be placed on file and the case shall be continued to await a final decision respecting damages.
Sections 2055 and 2056 shall be applicable to appeals for increase of damages under this section. Said municipal officers
shall maintain all highway or town way monuments and replace them forthwith when destroyed. If any appeal for increase of
damages is taken and the commissioners are of opinion that their proceedings or any part thereof ought not to take effect,
they shall enter a judgment that the prayer of the original petitioners or any part thereof, designating what part, is not
granted for that reason. Upon such judgment no damages shall be allowed for that part of the prayer of the petitioners not
granted, but the costs shall be paid by the county.
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 - §2102. Lost or disregarded locations; stay
Title 23: HIGHWAYS
Part 2: COUNTY HIGHWAY LAW
Chapter 205: FIXING OF BOUNDARIES OR LOCATIONS
§2102. Lost or disregarded locations; stay
When a highway is laid out through a town and an agent appointed by the county commissioners to open and make it, and the
record location thereof cannot be found on the face of the earth or consistently applied thereto or said agent is not making
said highway according to the record location, the municipal officers or town agent may file a complaint in the Superior Court
setting forth the facts and praying an injunction to stay the proceedings of said road agent. The court shall issue a summary
notice to said road agent to appear before it to answer said complaint and on a hearing of the parties may issue a temporary
injunction upon such terms and conditions as it deems reasonable. Subsequent proceedings on the complaint shall be similar
to proceedings in other civil actions in which equitable relief is sought.
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 - §2103. Lost or unrecorded boundaries
Title 23: HIGHWAYS
Part 2: COUNTY HIGHWAY LAW
Chapter 205: FIXING OF BOUNDARIES OR LOCATIONS
§2103. Lost or unrecorded boundaries
When a highway survey has not been properly recorded, preserved or the termination and boundaries cannot be ascertained, the
board of selectmen or municipal officers of any municipality may use and control for highway purposes 1 12 rods on each side
of the center of the traveled portion of such way.
[1971, c. 288 (new).]
div>
When any real estate is damaged by the use and control for highway purposes of such land outside the existing improved portion
and within the limits of 1 12 rods on each side of the center of the traveled portion, they shall award damages to the owner
as provided in section 3005.
[1971, c. 288 (new).]
Section History:
PL 1971,
Ch. 288,
§
(NEW).
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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