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I thought the text to the left, from the Maine DOT website, was well worth posting on this thread. Thanks to Catherine Parenteau for pointing it out. |
Private Road Law
A privately owned road, commonly called a “private road,” is a road over which neither the municipality nor the general public has the right to pass by vehicle or on foot. Anyone using or repairing a privately-owned road without the owner’s permission is subject to an action by the owner for trespass (see 14 M.R.S.A. § § 7551-A and 7552; and Hatch v. Donnell, 74 Me. 163 (1882)).
In general, a municipality has no legal right to spend public funds to repair, maintain or plow privately owned roads (Opinion of the Justices, 560 A.2d 552 (Me. 1989)). In emergency cases, such as a house fire in the winter, it is legal to send a snowplow down a privately owned road so that the fire truck can get in, but the owner is responsible for ensuring that the road is sufficiently maintained to allow the plow to get through. In 2009, the Legislature modified this law to allow municipal equipment to be used on private roads that were negatively impacting the water quality of a nearby “great pond” as listed by DEP.
In 1989, the Maine Supreme Court ruled that public funds or equipment may not be used to maintain or plow privately owned roads (see Opinion of the Justices, 560 A. 2d 552 (Me. 1989)). This is true even if the public is not prevented by signs or gates from using the road. The Court’s reasoning was that the “implied consent of access” is transitory at best, and one or more of the road’s owners could at any time restrict access.
For example, the municipality might make substantial repairs to a private camp road open to the public, only to find that the very next day the road was closed to public access. Therefore, the Court held that the proposed use of public funds to maintain a private road would represent an unconstitutional expenditure of public funds for a private purpose, thereby violating the “public purpose” doctrine of the Maine Constitution.
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