Maine Revised Statutes
Chapter 304: ACQUISITION OF PROPERTY FOR HIGHWAY PURPOSES
23 §3029-A. Damage to public easement; cause of action

§3029-A. Damage to public easement; cause of action
1.  Cause of action.  An owner of property abutting a discontinued or abandoned road in which a public easement exists may bring a civil action in Superior Court for damages and injunctive relief against a person who causes damage to the road in a manner that impedes reasonable access by the property owner to the property owner's property by motor vehicle as defined in Title 29‑A, section 101, subsection 42.  
[PL 2015, c. 464, §8 (NEW).]
2.  Damages.  Damages may be sought pursuant to subsection 1 in an amount reasonably necessary to restore the road to its condition prior to the use by the person against whom the action is brought.  
[PL 2015, c. 464, §8 (NEW).]
3.  Attorney's fees and costs.  If the plaintiff under subsection 1 is the prevailing party, the plaintiff may be awarded reasonable attorney's fees and costs.  
[PL 2015, c. 464, §8 (NEW).]
4.  Application.  This section does not apply to:  
A. A law enforcement officer who, in an emergency and within the scope of that law enforcement officer's employment, operates a motor vehicle on a public easement; or   [PL 2015, c. 464, §8 (NEW).]
B. An emergency responder who, in an emergency and while performing the duties of an emergency responder, operates a motor vehicle on a public easement.   [PL 2015, c. 464, §8 (NEW).]
[PL 2015, c. 464, §8 (NEW).]
SECTION HISTORY
PL 2015, c. 464, §8 (NEW).

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