1. HISTORY
2. MAINE PRIVATE ROADS STATUTES
Primary (read carefully):
TITLE 23, §3101, CALL OF MEETINGS; MAINTENANCE; REPAIR
TITLE 23, §3102, DUTIES; NEGLECT TO PAY
TITLE 23, §3103, CONTRACTS FOR REPAIR; RESERVE ACCOUNTS
TITLE 23, §3104, PENALTIES AND PROCESSSecondary:
TITLE 23, §3105-A, TOWN EQUIPMENT
TITLE 23, §3106, MUNICIPAL ASSISTANCE
TITLE 23, §3121. RESPONSIBILITY FOR COST OF REPAIRS TO AND MAINTENANCE OF
PRIVATE ROADS THAT BENEFIT RESIDENTIAL PROPERTIES
3. FORMING AND RUNNING ROAD ASSOCIATIONS
DEP Documents and Guidance:
https://www.maine.gov/dep/land/watershed/roadassociation.html
DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP)
GUIDE TO FORMING ROAD ASSOCIATIONS: An excellent Resource revised in 2020!
Guide to Forming Road Associations.DEP.2020.pdf
THE TOWN OF WINDHAM has more than 60 % of property owners living on private ways or private roads for which the town has provided winter maintenance (plowing and sanding) for over 20 years. This agreement has ended. Windham is currently working on a process to continue plowing "private ways" with public easement, to include having owners on private roads form statutory road associations. Here is a link to Windham's Winter Maintenance program:
https://www.windhammaine.us/758/Private-Ways-with-Winter-Maintenance
The following Documents are available in the RESOURCES Section of the Members Only Page:
FORMING AND RUNNING ROAD ASSOCIATIONS UNDER MAINE STATUTE, A Leadership Manual by Betsy Connor Bowen.MARA.10.19.21.pdf
STATUTORY ROAD ASSN - "Warrant for First Meeting" by Roberta Manter.pdf
DEFINING A "PARCEL OF LAND" in the MAINE PRIVATE WAYS STATUTE, §3101 (4) Voting, is crucial for each private road association because it determines the number of votes per owner and may determine each owner’s share of the annual assessment. Attorney Cliff Goodall, now retired, called a parcel of land "the operative ownership piece for this statute" at the MARA Road Association Conference 2014 (See # 7 below). We have transcribed a portion of Cliff's presentation on this subject and have asked Attorney Mary Denison for her opinion of Cliff's conclusions.
QUESTION FOR ATTORNEY DENISON.Definition of PARCEL OF LAND.05.16.22.pdf
NEW 5/26/24: Our Association's Definition of a Parcel.ALA.pdf
4. TEMPLATES AND SAMPLE FORMS
Available in the RESOURCES Section of the Members Only Page. The following "Samples" are meant to be altered to fit your use:
SAMPLE RA BYLAWS.docx
SAMPLE RA BYLAWS 2.rev2.docxSAMPLE Consent to receive email notices and materials.docx
SAMPLE ABSENTEE BALLOT FORM.docx
The following WORD.docx "TEMPLATES", based on the Agenda TEMPLT, are designed to facilitate absentee voting and save time:
AGENDA.Ann Meet.TEMPLT.docx
NEW 6/5/24: PROXY Voting/ABSENTEE BALLOT TEMPLT.docx
Meeting Minutes.TEMPLT.docx
Proposed Budget.TEMPLT.docx
From Attorney Cliff Goodall:
RULES OF PROCEDURE FOR MEETING MOTIONS .pdf
PROPERTY VALUATION FOR ROAD ASSOCIATION ASSESSMENTS.Cliff Goodall.pdf5. GRAVEL ROAD MAINTENANCE
Gravel Road Maintenance Manual.DEP.2016.pdf
Ditch In Time by Russ Lanois.pdf
Nautical Manila "Speed Ropes" for Traffic Control.revised 12.5.21.pdf
6. DELINQUENT CLAIMS
Available in the RESOURCES Section of the Members Only Page
COLLECTION TIMELINE.Peter E. Dunn.revised A L A.10.25.23.pdf
Collections Worksheet.docx (Contains links to Date and Simple Interest calculators)
SAMPLE Late Payment Policy.rev.docx
Date Calculator
Simple Interest CalculatorMARGIN REQUIREMENTS-Updated 2019.Maine Registers of Deeds Association.pdf
20-Day Collection Notice, NOTICE OF CLAIM.docx
NOTICE OF CLAIM-Updated Margins.rev2.docx
EXTENSION OF NOTICE OF CLAIM.Updated Margins.docx
DISCHARGE OF NOTICE OF CLAIM-Updated Margins.docx
Member Email Alert on Amendments to Private Ways Statute, §3104. Penalties and process:
Extensions for NOC now 6 years; Action Items Within!
7. USEFUL LINKS:
HOW TO SUBMIT TESTIMONY:
ONLINE RESOURCES:
Guide to Small Claims Cases.pdf
Maine ROADWays Website (Residents & Owners on Abandoned & Discontinued Ways):
` http://maineroadways.blogspot.com/
8. COURT CASES
Goudreau v Pine Springs Road and Water, LLC
9. VIDEOS
Oak Hill Road Wars, video; Betsy Connor Bowen, Writer and Producer. This film documents the Manters' thirty-year struggle with municipal and state government over the concept of "public easement", a road the public is free to use but does not have to maintain.
10. HANDOUT MATERIAL
Past MARA Road Conferences - Available in the RESOURCES Section of the Members Only Page
Conference 2014:
CLIFF GOODALL'S TALK (up-loaded May 14, 2014) on defining a "PARCEL" and determining assessments for each parcel : (YOU WILL NEED A MEDIA PLAYER ON YOUR COMPUTER!)
http://www.mediafire.com/listen/8ke92745d1k75g7/WS700068MARAGoodall.WMA
Conference 2016:
DEP Road Maintenance for Belgrade 2015.pdf
Josh Platt Gravel Road Design MES.pdf
Conference 2020:
a. Mary Denison: "I am providing a full version of the law and templates for start-up and collection activities." Application to Notary Public.docx ; Warrant 1st Meeting.docx ; Sample Bylaws for Statutory Road Association.docx ; Notice of Claim for Non Payment and Extension for prior Recorded NOC.docx .
b. John Maclaine: https://www.maine.gov/dep/land/watershed/camp/road/gravel_road_manual.pdf
c. Roberta Manter: "Based on your responses at the Conference, I have expanded my outline to make it a reference for the topic." Encouraging Member Participation.Expanded Notes.pdf
Conference 2023:
Mary Denison: "I have attached the form that we discussed on Saturday at the (Oct 7th) Conference - a Notice of Statutory Road Association. It will need to be carefully read and edited by its user prior to recording as it contains specific information about the particular statutory association." (See Discussion Forum Post, 05 Nov 2020 11:46 AM, Andrew L. Allen, Use Search Engine, enter "Clarification Denison", my interview with Mary about the value of placing a Notice in the Registry)
Registry Notice of Statutory Road Assn.rev2.docx