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Maine Alliance for Road Associations

Deeded Easement and Statutory Road Associations

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  • 08 Oct 2023 12:23 PM
    Reply # 13264574 on 13259197

    Roberta, In response to your comments:  The Hermansesn & Richards book is about roads and easements, not about road associations.  Prior to the draconian road maintenance laws enacted in the last decade, associations were for the most part non-existent, had no teeth and informal (non- statutory).

    So you do admit that there is a personal advantage to your advocating equal pay assessments.  The advantage being financially beneficial for you in that your portion of your road’s maintenance can be paid for by your neighbors. Neighbors who won’t use that section of road, don’t need that section of road and never benefit from that section of road. 

    Your road does not appear to be a public road, since it would need to have a municipal interest somewhere on the road for public use. I believe you are wrong.  And wonder why.

    If your road just continues to lengthen from development, it should not become a financial burden to any neighbors. The longer the road the more the folks at the end need to pay.  They have a long road to maintain after all.  A greater benefit.  Why should the owner with 66 feet have to pay for a mile, more or less of maintenance? Equal pay assessments means he will have to or pay the price of litigation and or face a property lien.  Equal pay= win/ lose.  Pay for distance= win/win (everbody gets what they pay for).

    How one uses the road by measuring the frequncy of trips or number of vehicles or the weight of a Ford compared to a Chevy to determine assessments is splitting hairs.  If an easement exists then the benfit of that easement determines an assessment.  It is up to the majority to decide if vacant lots or seasonal folks should pay or how much to pay.  It boils down to usage doesn’t it?And usage is a function of distance and wear and tear.

    Property taxes have nothing to do with associations. Road associations do not benefit from services, owners do.

    I am on a road that is 1.25 miles long.  My driveway is 228 feet in (4% of the total distance) from the main road.  30 homes on the road.  It leads to a lake but the shorefront is all private property. There is no benefit to drive beyond my property line: there is nothing but woods and homes. Why am I paying $550 for maintenance while the owners aas far as 1.25 miles pay the same?  Because they have the majority vote and they decide!  

    I guess that the legislators believed they would create a mini form of govenment with road associations that would be a fair system.  That is far from reality in my experience.

    The bottom line is that equal pay is only legally applicable to situations described in Title 23 §3121.  Or by the sad greed of a majority vote of owners in Title 23 §3101.

    If there was a beach at the end of my road that an easement allowed me to use, I would gladly pay maintenance for the entire road.  However that is not the case and that is my point of contention.

  • 09 Oct 2023 6:20 AM
    Reply # 13264747 on 13259197
    Anonymous member (Administrator)

    You have made this same point before:

    25 Jul 2022 3:57 PM, Art Beaudoin, Message # 12860621

    This post (above) led to 3 pages of discussion. Let's not keep going round and round. Your predicament and solution has merit; but, I believe, so do Roberta's points. Mediation might be the answer.

    Leah Boyd, a mediator with loads of experience, gave a stellar presentation at the MARA Conference  this past weekend. I suggest you contact her at www.clarityservices.us or 207-890-2549.

  • 09 Oct 2023 9:21 AM
    Reply # 13264800 on 13259197

    Andrew and Roberta,    Thank you for the recommendation but I have explored the mediation approach but no one cares to discuss the situation. Mediation is therefore not an option.

    I would like to ask that your continued recommendations for equal pay not be part of the language that MARA uses.  I have documented examples that it hurts some owners and it benefits others when the outcomes are not equal.

    Thank You.

  • 09 Oct 2023 2:49 PM
    Reply # 13264949 on 13259197
    Anonymous member (Administrator)

    Art - I am puzzled as to why you offered to send me a copy of Hermansen and Richards' book in one of your posts, while in your next post saying it doesn't apply to road associations?  Yes, I am familiar with the history of private road maintenance laws.  23 MRS section 3021 originally applied to "private ways" - what are now known as public easements, but which were originally laid out by the public to primarily benefit a private individual who needed access to his property.  The law spoke of the "owners of the private way," which did not apply once it was declared that such private ways actually belong to the public.  It was in 1997 that a group of people mostly in Lake Associations got together and asked the Legislature to change the wording so it could be applied to those benefited by a road, and the statute evolved from there into what it is now.

    You said, "So you do admit that there is a personal advantage to your advocating equal pay assessments."  I'm not sure how you came to that conclusion - perhaps because I am near the end of the road in each of my situations.  But what you seemed to miss is that it seems unfair to the properties beyond us, which in each case make only intermittent use of the roads.  In fact, on the one that has a road association, there are three properties beyond mine that are undeveloped properties.   The owners of those parcels rarely visit their properties.  I would be surprised if they have visited them as often as once per year.  One of those owners is already protesting being charged our standard dues of $300 per year.  

    You said, "Your road does not appear to be a public road, since it would need to have a municipal interest somewhere on the road for public use. I believe you are wrong.  And wonder why."  Well, you are partly correct - there is something terribly wrong.  Our road IS a public road, of sorts.  The Maine Supreme Court declared that when it was discontinued in 1945, a loop hole in the law gave the County authority (beyond its specific powers) to allow the Town to retain a public easement over the road.  According to the Court, that gives the public an "unfettered right of access" over the road, but the town has no maintenance responsibility.  No, there is no "municipal interest" anywhere on the road, unless you count the fact that keeping a public easement allowed the town to avoid paying compensation to the abutting landowners in 1945 when they discontinued the road.  There is no need for public use, unless you consider that since it still appears on GPS as a through road, it's a shortcut across town.  (If the road is dry and you have high clearance 4wd.)  Yet we have been prohibited by court order from giving any indication to anyone that maybe they shouldn't use the road as a public road at any time of day or season of the year.  So when someone chews their way through with 4wd at 2:00 in the morning at the height of mud season and leaves ruts the length of the road, it's up to us to repair the damage.  As founder of Maine ROADWays, (Residents and Owners on Abandoned and Discontinued Ways,) I have spent the last 42 years studying Maine's laws and court cases regarding such roads, and I now am in contact with people all across the state who have similar circumstances.  By your standard, the municipality should be paying more dues than anyone because they have use of the entire road (including the nearly impassable section in the middle.)  Yet the municipality pays nothing.  I think we can agree that there's something wrong with that.

    So you are wrong in thinking that it's not a public road, and I wonder what you mean by wondering why.  Why what?  Why I am wrong?  Why you believe I am wrong?  Why it's a public road if there is no public interest?  (Try asking the Maine Supreme Court!)  What I find even more puzzling is how the Maine Supreme Court declared that it's unconstitutional to lay out a public easement where there is no actual public need for a road, yet we have a law which allows a town to "abandon" a road and keep a public easement over it if they can prove the public has had no need for that road for at least thirty years!  But I could write a whole book about that.

    I'm intrigued that you seem to accept the equal assessments under section 3121 as being legal, but do not accept them as being legal under section 3101.  I see section 3121 as being grossly unfair in situations where there are perhaps two residences sharing a road with heavy trucking interests.  (In our case for years it was our one residence and multiple small wood lot owners who logged their properties at intervals.  I know of another actual case involving a rock quarry and a lumber mill.)  The residents have no recourse if the businesses do not pay, because the law only allows court action by one resident against another resident.  

    I see that you also admit that there is a personal advantage to your advocating assessments based on length of road used.  Your association's dues are nearly twice what ours are, and you are not very far in, so it does seem a bit unfair that you have to pay so much.  I believe Andrew's association has a fee schedule that allows a discounted rate to the first property on each side of their road.  Maybe that would be appropriate in your case.  Another option we have suggested on our road was that because the first person on each side had frontage on the town road, they could move their driveway around the corner, block their entry to the private road, and sign a paper agreeing that they would no longer use the road, and then we would not charge them dues.  They've been paying ever since, without complaint.

    Meanwhile, I'm afraid you and I will have to agree to disagree.  I think we've consumed enough space on this page, and it isn't up to either you or me to dictate to other road associations which method of assessments is best for them.  Neither method is going to be entirely fair to everyone.  If you want to continue this discussion, perhaps we could do it via email, although I'm not sure it's worth continuing to argue over it.  I have at least listened to your concerns, and agree that your own assessment seems unfair, so I hope you can have a better day.

  • 10 Oct 2023 6:12 AM
    Reply # 13265145 on 13259197
    Anonymous member (Administrator)

    Art Beaudoin wrote:  "I would like to ask that your continued recommendations for equal pay not be part of the language that MARA uses."

    First, and foremost, unless so stated, the language used on the forum is not that of the Maine Alliance for Road Associations (MARA). Members of the MARA Board may wish to answer questions or address comments posted by other members. Our opinions are our own, not MARA's.

    Roberta is correct regarding the by-laws in my statutory road association. Our 850 foot private gravel road comprises 10 parcels: 7 are residential parcels, 1 is non-residential, and 2 parcels, across from each other, have driveways close to the beginning of the road. Article 9 addresses Maintenance fees; Section 4 states:

    Section 4. A residential parcel defined herein will include a property, as defined in Section 5, that contains a dwelling unit comprised of a bedroom, bathroom, and kitchen. Each residential parcel will be responsible for one share of road maintenance fees except as noted herewith. Parcels without a dwelling unit will be responsible for one-half (1/2) share of maintenance fees until the next Annual Meeting after the completion of a dwelling unit. Parcels whose driveways are within 100 feet of the beginning of the private section will be responsible for one-fifth (1/5) share of road maintenance fees. Each parcel will be responsible for one full share of shore right-of-way maintenance fees.

    Last modified: 10 Oct 2023 6:48 AM | Anonymous member (Administrator)
  • 11 Oct 2023 9:36 AM
    Reply # 13265809 on 13259197

    Andrew,  I beg to differ that as a MARA administrator you represent MARA, and your responses and opinions in the discussion groups reflect the position of MARA.  MARA is not an individual and can only be represented by its administrative members.

    Roberta, there are thousands of private roads in Maine. Each has a story, and there is no one formula that fits all.  3101 is terrible, 3121 just doubles down on awful legislation.   The original problem was that not all folks were paying for maintenance.  Now we have mini tribal governance, another layer of government that goes unchecked known as road associations.  Enough said.

  • 13 Oct 2023 1:27 PM
    Reply # 13266992 on 13259197
    Anonymous member (Administrator)

    Art, thank you for raising the question of which opinions are MARA’s (The MARA organization or Board) and which are not. I have added some new information to our Home Page as a result. 

    The MARA Board occasionally votes to approve a position or response in relation to a matter of importance to its purpose. The original amendments contained in LD 461, for instance, were approved by the Board, expressed in writing, signed by the President, and forwarded to the legislative sponsors for presentation to the appropriate committee.

    Individual Board members, on the other hand, are free to express their personal opinions on the Discussion Forum or elsewhere within the bounds of propriety.

    To your points expressed above, MARA does not take a position on the topic of apportioning shared expenses and recognizes that there are many rational ways to do so. Those decisions are left entirely to private road associations. Statutory road associations are guided by the Private Ways Statute and compatible by-laws; informal road associations by any combination of member consent, voluntary contributions, and agreed upon bylaws. Please, let's move on from this topic. 


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