Maine Revised Statutes

Me. Rev. Stat. tit. 23, § 3026 (2026)

Discontinuance of town ways

✓ current as of May 2026

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(REPEALED)

SECTION HISTORY

PL 1975, c. 711, §8 (NEW). PL 1977, c. 301, §1 (AMD). PL 1981, c. 683, §1 (RPR). PL 2015, c. 464, §4 (RP).

Notes of Decisions

Cited in 25 cases, 1978–2016 · leading case: Frustaci v. City of South Portland, 879 A.2d 1001 (Me. 2005).

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Frustaci v. City of South Portland, 879 A.2d 1001 (Me. 2005). · cites it 4× “Pursuant to 23 M.R.S.A. § 3026 (1992), the City of South Portland discontinued two public roads, Charlotte Street and Edgewood Road, both of which terminated at the boundary of Frustaci’s property.”

Paul v. Town of Liberty, 151 A.3d 924 (Me. 2016). “Tide 23 M.R.S. § 3026 (2015) was effective during the events of this case and has since been repealed and replaced by P.”

Lamb v. Euclid Ambler Assocs., 563 A.2d 365 (Me. 1989). · cites it 2× “The road had not been discontinued under 23 M.R.S.A. § 3026 (Supp.1988), nor abandoned under the common law.”

City of South Portland v. Maine Mun. Ass'n, 2008 ME 128 (Me. 2008). · cites it 2× “Among those theories were claims that the City’s road closure amounted to an unconstitutional taking of his property, that the closures represented an inverse condemnation of his property, and that he was entitled to statutory damages pursuant to 23 M.”

Franklin Prop. Trust v. Foresite, Inc., 438 A.2d 218 (Me. 1981). “Under 23 M.R.S.A. § 3026, a municipality has the *225 authority to discontinue town ways or public easements.”

August Realty, Inc. v. Inhabitants of Town of York, 431 A.2d 1289 (Me. 1981). · cites it 2× “Pursuant to 23 M.R.S.A. § 3026 (1980), the discontinuance order was approved at a Town Meeting.”

Frederick v. Consol. Waste Servs., Inc., 573 A.2d 387 (Me. 1990). “23 M.R.S.A. § 3026 (1980 & Supp.1989) now provides that unless otherwise stated, a public easement is retained in a discontinued town road.”

Craig v. Davis, 649 A.2d 1096 (Me. 1994). · cites it 5× “As a result of a dispute between the parties involving Craig’s use of a bulldozer on the road, on September 27, 1992 Craig filed the present complaint against the Davises alleging, inter alia, that Isthmus Road was a town way as contemplated by 23 M.R.S.A. § 3026 and sought a…”

Gay v. Dube, 2012 ME 30 (Me. 2012). “1970); see also 23 M.R.S. § 3026(1) (2011) (providing that a public easement remains upon the discontinuance of a town way, unless otherwise stated); id.”

Lamb v. Town of Farmington, 846 A.2d 333 (Me. 2004). · cites it 2× “[¶ 11] The statute, which authorizes a town to discontinue a road, 23 M.R.S.A. § 3026 (1992), 2 has no requirements regarding outstanding road repair orders.”

J.A. Rapaport Fam. Ltd. P'ship v. City of Brewer, 877 A.2d 1077 (Me. 2005). · cites it 2× “Noting that the Rapaports stood to receive a portion of the discontinued road if they retained title to their remaining property, see 23 M.R.S.A. § 3026(1) (1992), the appraisal ultimately deducted the value of the anticipated future benefit from the value of the property taken.”

Bd. of Selectmen v. Kennebec Cnty. Commissioners, 393 A.2d 526 (Me. 1978). “§ 2051 was amended to eliminate the county commissioners’ former jurisdiction over laying out and discontinuing county ways except in unorganized areas of their counties (id, § 1), and a new provision, 23 M.R.S.A. § 3026, gave the municipalities the power to discontinue “town…”

Show all 25 citing cases →

— Me. Rev. Stat. tit. 23, § 3026(1) — 5 cases

Gay v. Dube, 2012 ME 30 (Me. 2012). “1970); see also 23 M.R.S. § 3026(1) (2011) (providing that a public easement remains upon the discontinuance of a town way, unless otherwise stated); id.”

J.A. Rapaport Fam. Ltd. P'ship v. City of Brewer, 877 A.2d 1077 (Me. 2005). “Noting that the Rapaports stood to receive a portion of the discontinued road if they retained title to their remaining property, see 23 M.R.S.A. § 3026(1) (1992), the appraisal ultimately deducted the value of the anticipated future benefit from the value of the property taken.”

Craig v. Davis, 649 A.2d 1096 (Me. 1994). “As a result of a dispute between the parties involving Craig’s use of a bulldozer on the road, on September 27, 1992 Craig filed the present complaint against the Davises alleging, inter alia, that Isthmus Road was a town way as contemplated by 23 M.R.S.A. § 3026 and sought a…”

Lamb v. Town of Farmington, 846 A.2d 333 (Me. 2004). “[¶ 11] The statute, which authorizes a town to discontinue a road, 23 M.R.S.A. § 3026 (1992), 2 has no requirements regarding outstanding road repair orders.”

Berry v. Town of Yarmouth (Me. Super. Ct 2008).

— Me. Rev. Stat. tit. 23, § 3026(l) — 1 case

Miner v. Inhabs. of the Town of Benton (Me. Super. Ct 2008).

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.