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Maine Alliance for Road Associations

Road assessments to others who have easement to travel over non-public road

  • 27 Jul 2016 12:03 PM
    Quote
    Message # 4159684
    Deleted user

    My community has an extremely unique situation where was have a 16 lot subdivision formed in the mid 1980s.  This subdivision was in the middle of a non-public road.  Upon completion of the subdivision, the town made the roadway of the 16 lots public road, but did not take over the entire road or establish parameters to ensure that the roadway to the 16 lots was maintained in a reasonable manner.  Basically, my roadway is public and is landlocked inside of non-public roads from either direction.  The only way to get anywhere requires traveling thought non-public sections.  The significant portion of non-public road has a total of 12 lots that have driveways/access via that section of non-public roadway.  Residents in the lake area and public section do not have ownership of the non-public roadway.  The non-public roadway is approximately 2-3 tenths of a mile and would be quite costly to these 12 land owners to repair and maintain on their own.  My question:  Is there a way for the 12 land owners in the non-public sections to legally assess a regular fee to everyone who drives through the non-public section?  If not, are any other options available that would help remedy the situation?  Thanks

    Last modified: 05 Sep 2016 5:03 PM | Anonymous member
  • 03 Sep 2016 9:48 AM
    Quote
    Reply # 4225906 on 4159684
    Deleted user
    This is just my opinion from the information you’ve provided: You indicate, in the title of your post, that the 16 lots in your subdivision have an easement to travel the private road. Since you rely on this road to access your property, the 16 lot owners clearly “benefit” from that road. Road Associations properly formed and following the mandates under Sec. 1 23 MRSA §3101-§3104 have the right to tax all owners of parcels that benefit from a road. That would include the 12 parcel owners who abut the road as well as the 16 parcel owners in the subdivision who have an easement to travel over it. It will be important to follow all the mandates when establishing the road association and establishing bylaws, in particular inviting all owners who benefit from the road to meetings with at least 30 days notice. The Maine Supreme Court, in Victor Sunshine vs Stephen Brett, ruled against the road commissioner in the collection of back taxes from Mr. Brett because he, as an owner, was not properly notified of the initial organizational meeting, even though he attended. Apparently was not notified of subsequent meetings either. Good luck.
  • 25 Oct 2016 5:53 PM
    Quote
    Reply # 4338166 on 4159684
    Deleted user

    Jacqueline;

    Thank you very much for the reply.  I had a few more thoughts and information on the this matter.

    As I understand it, the private section is deemed a private way, not a private road.  Does that make a difference?

    It sounds like those that “benefit” from the road must have 30 day notice of the meeting which forms the road association.  Do those that “benefit” have a vote on matters as well as the ability to hold a position (commissioner, treasurer, secretary, etc.)?

    We will actually have a total of +/- 150 pieces of property that are involved.  Roughly 12-18 in the area that are parcel owners that abut the road, and then another 130 that rely on the road to access their property.

    Does it matter if the section of road that will make up the road association is in two different towns? 

    Central Maine Power is in the process of purchasing two of the properties that abut the road.  Is this a good thing or a bad thing for us?

    Thanks for all your help!

                            The Maine Alliance for Road Associations


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