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| Home > Statutes > Usa Maine |
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USA Statutes : maine
Title : Title 23. HIGHWAYS
Chapter : Chapter 401. LAYING OUT, ALTERING OR DISCONTINUING HIGHWAYS
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Title 23 - §4001. Hearing
Title 23: HIGHWAYS Part 4: UNINCORPORATED, UNORGANIZED PLACES AND PLANTATIONS Chapter 401: LAYING OUT, ALTERING OR DISCONTINUING HIGHWAYS §4001. Hearing
The county commissioners, on petition as provided in section 2051, may lay out, alter or discontinue a highway on any tract
of land in their county not within any town or plantation required to raise money to make and repair highways.
[1983, c. 471, § 2 (amd).]
div> If the county commissioners think that there ought to be a hearing, they shall cause notice to be given of the time and place
appointed therefor, by service of an attested copy of the petition with their order thereon, upon the Department of Transportation
and upon the owners of such lands, if known, 14 days before that time, and if unknown, by a publication thereof in any paper
published in the county, or in the state paper if no paper is published in the county, for 6 successive weeks, the last, 30
days before that time. The names of the petitioners shall be printed by giving the name of the first signer and signifying
how many others signed, as "John Doe and 20 others." No proceedings shall take place until it is proved that such notice has
been given.
[1971, c. 593, § 22 (amd).]
div> After hearing the parties at the time and place appointed, they may proceed as provided in section 2054.
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 - §4002. Appeals; committee; duties; report
Title 23: HIGHWAYS Part 4: UNINCORPORATED, UNORGANIZED PLACES AND PLANTATIONS Chapter 401: LAYING OUT, ALTERING OR DISCONTINUING HIGHWAYS §4002. Appeals; committee; duties; report
Any party interested in such decision under section 4001 may appeal therefrom to the Superior Court in said county within
30 days. All further proceedings before the commissioners shall be stayed until a decision is made in the appellate court.
If no person appears to prosecute the appeal, the judgment of the commissioners shall be affirmed. If the appellant appears,
the court may appoint a committee of 3 disinterested persons, who shall be sworn, and if one of them dies, declines or becomes
interested, the court shall appoint another in his place and they shall cause notice to be given of the time and place of
hearing before them by publication thereof in the state paper for 6 successive weeks, the last publication to be 14 days at
least before the day of hearing, and personal notice to the appellant and to the chairman of the county commissioners, 30
days at least before the time set for hearing. They shall view the route, hear the parties and make their report to the court
within 60 days or such further time as the court allows after their appointment, whether the judgment of the commissioners
should be in whole or in part affirmed or reversed, which, being accepted and judgment thereon entered, shall forthwith be
certified to the clerk of the commissioners. If the judgment of the commissioners in favor of laying out, grading or altering
a way as prayed for is wholly reversed on appeal, the commissioners shall proceed no further. If their judgment is affirmed
in whole or in part, they shall carry into effect the judgment of the appellate court. In all cases, they shall carry into
full effect the judgment of the appellate court in the same manner as if made by themselves. The party appealing or prosecuting
shall pay the costs incurred since the appeal, if so adjudged by the appellate court, which may allow costs in such cases
to the prevailing party to be paid out of the county treasury. The committee shall be allowed a reasonable compensation for
their services, to be fixed by the court upon the presentation of their report and paid from the county treasury upon the
certificate of the clerk of courts. The costs allowed to the prevailing party and the fees of the committee shall be collected
as provided in section 2053.
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 - §4003. No new petition for one year
Title 23: HIGHWAYS Part 4: UNINCORPORATED, UNORGANIZED PLACES AND PLANTATIONS Chapter 401: LAYING OUT, ALTERING OR DISCONTINUING HIGHWAYS §4003. No new petition for one year
If the final decision of the commissioners or of the committee is against the prayer of the petition provided for in section
4001, no new petition for the same road shall be entertained by the commissioners for one year thereafter.
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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