Maine Revised Statutes

Me. Rev. Stat. tit. 23, § 3025 (2026)

Dedication and acceptance

✓ current as of May 2026

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No property or interests therein may be dedicated for highway purposes unless the owner of such property or interest has filed with the municipal officers a petition, agreement, deed, affidavit or other writing specifically describing the property or interest and its location, and stating that the owner voluntarily offers to transfer such interests to the municipality without claim for damages, or has filed in the registry of deeds an approved subdivision plot plan which describes property to be appropriated for public use. [PL 1975, c. 711, §8 (NEW).]

A municipality may accept a dedication of property or interests therein by an affirmative vote of its legislative body. [PL 1975, c. 711, §8 (NEW).]

Unless specifically provided by the municipality, title to property accepted for highway purposes after December 31, 1976 shall be in fee simple. [PL 1975, c. 711, §8 (NEW).]

SECTION HISTORY

PL 1975, c. 711, §8 (NEW).

Notes of Decisions

Cited in 6 cases (1 in the last 5 years), 1990–2021 · leading case: Darlene F. Edwards v. Cynthia S. Blackman, 2015 ME 165 (Me. 2015).

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Darlene F. Edwards v. Cynthia S. Blackman, 2015 ME 165 (Me. 2015). · cites it 5× “■ [¶ 15] In October 2012, the Edwardses moved for summary judgment on their claims against the Town,’ arguing that the 1986 dedication petition had not described the location of the dedicated property with enough specificity to satisfy 23 M.R.S. § 3025 (2014), which sets out the…”

Portland Water Dist. v. Town of Standish, 2008 ME 23 (Me. 2008). “[¶ 4] While the appeal in Portland Water District I was pending, on March 14, 2006, the Standish Town Council voted to “accept [ ] the dedication of a public easement” over the two one-rod strips abutting each side of Northeast Road pursuant to 23 M.R.S. § 3025 (2007). The Water…”

Paul v. Town of Liberty, 151 A.3d 924 (Me. 2016). “§ 3023 (2015) (eminent domain); 23 M.R.S. § 3025 (2015) (dedication and acceptance); P.”

Albert v. Town of Fairfield, 597 A.2d 1353 (Me. 1991). “” 23 M.R.S.A. § 3025 (1980). Because the legislature has committed the decision to accept a town way to the legislative discretion of a municipality, such an action is exclusively a municipal affair, and the right of referendum exists pursuant to the Maine Constitution and the…”

Chasse v. Town of Lyman, 580 A.2d 1043 (Me. 1990). “If, on the other hand, the vote was one to accept then and there Mast Road as a dedicated public way, the procedure followed did not comply with the requirements of the controlling statute, 23 M.R.S.A. § 3025 (1980), and no dedication by the abutters had in any event occurred.”

Portland Reg'l Chamber of Com. v. City of Portland (Me. Super. Ct 2021). “Id at 1354-55 (citing 23 M.R.S. § 3025). It concluded that since the Legislature had committed the decision to accept a town way to the legislative discretion of a municipality, such an action was "exclusively a municipal affair" subject to a referendum.”

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