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Maine Alliance for Road Associations

how to formutlate fees for business use on private drive

  • 20 Apr 2011 9:23 PM
    Message # 574416
    Deleted user

    9 residential lots occupied year round on a private drive. no association as yet formed, but is now finally in the works. public easement was just signed as to allow town vehicles to plow and sand in the winter. now, the owners of a gravel pit (not used for 10 years prior) want to re open the pit. they say they will pay their "fair share", but seems they want a permit, which the town is inclined to grant, which reads 7 - 7, 6 days a week, with no limits on travel, puts great burden on the already unmaintained road. this would be at the end of the road, making the commercial vehicles travel the entire length of the road. any suggestions on how to determine fairness? town mgr suggests figuring out what we need to be acceptable for residents now and making them responsible for any damages. i would rather figure some kind of formula or additional fee for commercial vehicles.

  • 21 Apr 2011 10:51 AM
    Reply # 574646 on 574416
    Deleted user

    I probably state the obvious here but that does not stop me.  First I would look at any permit requirements your town has regarding pits, schedules, weight limits, which days of use and hours.  If convenient, mirror those, if not, try to negotiate what you think is best.  It would seem to me that you have an excellent opportunity to work with them to have a very convenient source of material for your road without having to pay for transport like the rest of us do. I would try to negotiate (or legislate-would need a lawyer here) to find a way to agree on what to do during the time most towns "post" their roads due to mud season.  You have your work cut out for you but it will require diplomatic skills on both sides and if that fails, good lawyers on both sides. 

    Keep in mind the term "fair and equitable".  It would seem to me that if any property owner, commercial or not, puts much more burden/use/wear and tear on the road then that requires more compensation.  It would need to stay "reasonable" though, in order to be defensible in Small Claims Court.  Once you form a statutory road association the dues and such are set by the property owners at a legally called meeting.

    Best of luck.

                            The Maine Alliance for Road Associations


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