I am posting Board Member Erin Barker's email of June 8th to the membership and interested parties with hope that Forum discussion of its contents will help answer questions and generate comments.
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The Maine Alliance for Road Associations (MARA) is pleased to provide the following update on LD 461 - An Act Regarding Private Roads.
As you may recall, MARA advocated for changes to the existing Private Ways Statutes. After a meeting and additional discussions with Senator Vitelli and Representative Hepler, they agreed to sponsor LD 461.
On March 28, 2023 there was a hearing on LD 461 before the Committee on State and Local Government chaired by Senator Nangle (who represents Casco, Frye Island, Raymond, Windham, and part of Westbrook) and Representative Stover (who represents Boothbay, Boothbay Harbor, Edgecomb, South Bristol, Southport, Westport Island).
Senator Vitelli introduced the bill to the Committee on State and Local Government. Three MARA board members and one MARA member attended the in-person hearing to provide live testimony to the Committee. Other MARA members submitted written testimony.
The legislators asked good questions and several expressed an understanding of the issues. Some legislators expressed concerns regarding the proposed definition of a private road and eliminating the 18 month Notice of Claim (lien) renewal process.
While the Bill was under consideration with the Committee, MARA worked with the Committee to answer the questions raised and revise the language to create a version acceptable to all stakeholders. LD 461, as amended, allows road associations options for repairing pavement, allows road associations to maintain reserve accounts, and changes the expiration/renewal cycle of a Notice of Claim (lien) from 18 months to six years.
The Committee on State and Local Government unanimously voted to mark LD 461, as amended, as "Ought to Pass" and it moved to the House and Senate where it remains until a vote is taken.
Thank you very much to the MARA members who submitted testimony. We appreciate your engagement on this proposed legislation.
We will keep MARA members updated as developments occur. Please let us know if you have any questions or comments.
Sincerely,
Erin Barker, MARA Board Member