A town road can be established by various methods. The procedures are laid out in the following statutes:
TITLE 23
§3022. Laying out of town ways and public easements
The municipal officers may, personally or by agency, lay out, alter or widen town ways. They shall give written notice of their intentions posted at least 7 days in 2 public places in the municipality and in the vicinity of the way and shall in the notice describe the proposed way. [1975, c. 711, §8 (NEW).]
The municipal officers may, upon the petition of any person, lay out, alter or widen a town way. [1975, c. 711, §8 (NEW).]
The municipal officers may on petition therefor, personally or by agency, lay out a public easement for any occupant of land or for owners who have cultivated land in the municipality if the land will be connected to a town way or highway after the establishment of the public easement. [1979, c. 127, §153 (RPR).]
After a public easement has been laid out, it may be taken pursuant to section 3023. Notwithstanding any other provision of this chapter, public easements laid out under this section are limited to rights of access by foot or motor vehicle as defined in Title 29-A, section 101, subsection 42. [1995, c. 65, Pt. A, §65 (AMD); 1995, c. 65, Pt. A, §153 (AFF); 1995, c. 65, Pt. C, §15 (AFF).]
SECTION HISTORY
1975, c. 711, §8 (NEW). 1979, c. 127, §153 (AMD). 1995, c. 65, §A65 (AMD). 1995, c. 65, §§A153,C15 (AFF).
§3023. Eminent domain
A municipality may take property or interests therein for
highway purposes if the municipal officers determine that public exigency
requires the immediate taking of such property interests, or if the municipality
is unable to purchase it at what the municipal officers deem reasonable
valuation, or if title is defective. [1975, c. 711, §8
(NEW).]
In municipalities where the municipal officers have the
legislative power of appropriation, the municipal officers shall file with the
municipal clerk a condemnation order that includes a detailed description of the
property interests to be taken, which shall specify its location by metes and
bounds, the name or names of the owner or owners of record so far as they can be
reasonably determined and the amount of damages determined by the municipal
officers to be just compensation for the property or interest therein taken. The
municipal officers shall then serve upon the owner or owners of record a copy of
the condemnation order and a check in the amount of the damages awarded. In the
event of multiple ownership, the check may be served on any one of the owners.
Title shall pass to the municipality upon service of the order of condemnation
and check or upon recordation in accordance with section 3024, whichever occurs
first. [1975, c. 711, §8 (NEW).]
In towns where the town meeting has the legislative power of
appropriation, the municipal officers shall file the condemnation order
described in the previous paragraph with the town clerk and send a copy to the
owner or owners of record by registered mail. No interest shall pass to the town
unless an article generally describing the property interest to be taken and
stating the amount of damages to be paid has been approved by a duly called town
meeting. The town meeting may not amend the article, except to increase the
amount of damages to be paid. If the article is approved, a check in the amount
of damages authorized shall be served immediately upon the owner or owners of
record. In the event of multiple ownership, the check may be served on any one
of the owners. Title shall pass to the town upon service of the check or upon
recordation in accordance with section 3024, whichever occurs first. [1975, c.
711, §8
(NEW).]
Unless specifically provided in the order of condemnation or
unless the property or interests to be taken include land or right-of-way of a
railroad corporation or a public utility, title to property taken for town ways
after December 31, 1976, shall be in fee simple absolute.
[1975, c. 770,
§98
(RPR).]
In all proceedings under this section, an award of damages by
the municipal legislative body shall be considered an appropriation for that
purpose. [1975, c. 711, §8 (NEW).]
SECTION HISTORY
1975, c. 711, §8 (NEW). 1975, c. 770, §§98,99 (AMD).
§3024. Recording of proceedings
No taking of property or interests therein by a municipality, or the discontinuance of a town way except by abandonment, after September 12, 1959, shall be valid against owners of record or abutting landowners who have not received actual notice, unless there is recorded in the registry of deeds for the county where the land lies either a deed, or a certificate attested by the municipal clerk, describing the property and stating the final action of the municipality with respect to it. [1975, c. 711, §8 (NEW).]
SECTION HISTORY
1975, c. 711, §8 (NEW).
§3025. Dedication and acceptance
No property or interests therein may be dedicated for highway purposes unless the owner of such property or interest has filed with the municipal officers a petition, agreement, deed, affidavit or other writing specifically describing the property or interest and its location, and stating that the owner voluntarily offers to transfer such interests to the municipality without claim for damages, or has filed in the registry of deeds an approved subdivision plot plan which describes property to be appropriated for public use. [1975, c. 711, §8 (NEW).]
A municipality may accept a dedication of property or interests therein by an affirmative vote of its legislative body. [1975, c. 711, §8 (NEW).]
Unless specifically provided by the municipality, title to property accepted for highway purposes after December 31, 1976 shall be in fee simple. [1975, c. 711, §8 (NEW).]
SECTION HISTORY
1975, c. 711, §8 (NEW).
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