Maine Revised Statutes

Me. Rev. Stat. tit. 23, § 3022 (2026)

Laying out of town ways and public easements

✓ current as of May 2026

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The municipal officers may, personally or by agency, lay out, alter or widen town ways. They shall give written notice of their intentions posted at least 7 days in 2 public places in the municipality and in the vicinity of the way and shall in the notice describe the proposed way. [PL 1975, c. 711, §8 (NEW).]

The municipal officers may, upon the petition of any person, lay out, alter or widen a town way. [PL 1975, c. 711, §8 (NEW).]

The municipal officers may on petition therefor, personally or by agency, lay out a public easement for any occupant of land or for owners who have cultivated land in the municipality if the land will be connected to a town way or highway after the establishment of the public easement. [PL 1979, c. 127, §153 (RPR).]

After a public easement has been laid out, it may be taken pursuant to section 3023. Notwithstanding any other provision of this chapter, public easements laid out under this section are limited to rights of access by foot or motor vehicle as defined in Title 29‑A, section 101, subsection 42. [PL 1995, c. 65, Pt. A, §65 (AMD); PL 1995, c. 65, Pt. A, §153 (AFF); PL 1995, c. 65, Pt. C, §15 (AFF).]

SECTION HISTORY

PL 1975, c. 711, §8 (NEW). PL 1979, c. 127, §153 (AMD). PL 1995, c. 65, §A65 (AMD). PL 1995, c. 65, §§A153,C15 (AFF).

Notes of Decisions

Cited in 7 cases, 1981–2018 · leading case: Franklin Prop. Trust v. Foresite, Inc., 438 A.2d 218 (Me. 1981).

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Franklin Prop. Trust v. Foresite, Inc., 438 A.2d 218 (Me. 1981). · cites it 4× “§ 3021, 8 and reenacted the munici *224 pal officers’ power to lay out town ways, 23 M.R.S.A. § 3022. 9 The term “private way” was eliminated and replaced by the term “public easement.”

Glidden v. Belden, 684 A.2d 1306 (Me. 1996). “Today the enabling statute for the laying out of town ways and public easements is 23 M.R.S.A. § 3022 (1992 & Supp.1995). This statute has existed in various forms since Maine was part of the Commonwealth of Massachusetts.”

Portland Co. v. City of Portland, 2009 ME 98 (Me. 2009). “The City cannot use its own eminent domain proceeding to argue that the Portland Company has no valid property interest.”

Town of Manchester v. Augusta Country Club, 477 A.2d 1124 (Me. 1984). “6 Such non-possessory interests commonly arise three ways: by the statutory method of laying out a public way or easement, pursuant to 23 M.R.S.A. § 3022; by dedication; or by prescription.”

Town of Kittery v. MacKenzie, 785 A.2d 1251 (Me. 2001). “The enabling statute for the laying out of town ways and public easements is 23 M.R.S.A. § 3022 (1992 & Supp.2001). Section 3022 states in part that ”[t]he municipal officers may .”

Lilly v. Town of Westport Island (Me. Super. Ct 2018). “7 Note also that 23 M.R.S. § 3022 only allows a public easement to be created by first posting notice of its intentions for at least 7 days in two public places near the proposed pubic way.”

State of Maine v. Lisha Rose Stanley, 2014 ME 14 (Me. 2014). “711, § 8 (effective July 29, 1976) (codified at 23 M.R.S.A. § 3022 (1976)). Section 3022 uses "public easements” to refer to what were previously labeled "private ways.”

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