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Maine Revised Statutes

Me. Rev. Stat. tit. 23, § 3251 (2026)

Ditches, drains and culverts; control; damages

✓ current as of May 2026

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The municipal officers of a town may at the expense of the town construct ditches, drains and culverts to carry water away from any highway or road therein, and over or through any lands of persons or corporations, when they deem it necessary for public convenience or for the proper care of such highway or road, provided no such ditch, drain or culvert shall pass under or within 20 feet of any dwelling house without the consent of the owner thereof. Such ditches, drains and culverts may be constructed under such highways or roads. Such ditches, drains or culverts shall be under the control of said municipal officers and interference therewith may be punishable by a fine of not more than $500 or by imprisonment for not more than 3 months, or by both. If such town does not maintain and keep in repair such ditches, drains and culverts, the owner or occupant of the lands through or over which they pass may have his action against the town for damages thereby sustained.

Before land is so taken, notice shall be given and damages assessed and paid therefor as is provided for the location of town ways.

Notes of Decisions

Cited in 5 cases, 1991–2020 · leading case: Whalen v. Town of Livermore, 588 A.2d 319 (Me. 1991).

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Whalen v. Town of Livermore, 588 A.2d 319 (Me. 1991). · cites it 3× “In count II of their second amended complaint, plaintiffs seek consequential damages, pursuant to 23 M.R.S.A. § 3251, 4 for injuries “sustained to their property and real estate as a result of the Town’s failure to maintain and keep in repair ditches, drains and culverts on the…”

Levesque v. City of Bath (Me. Super. Ct 2020). · cites it 5× “§§ 8101-8118 (2020), the Sewer Maintenance Statute ("SMS"), 23 M.R.S. § 3251 (2020), and the Highway Defect Statute ("HDS"), 23 M.”

Isherwood v. City of Portland, Maine (Me. Super. Ct 2010). · cites it 4× “The Isherwoods filed a complaint in this court on November 2, 2009 alleging: declaratory judgment, duty to maintain the detention pond (Count I); violation of duty to maintain and keep in repairs ditches, drains, and culverts pursuant to 23 M.R.S.A. § 3251 (Count II); statutory…”

Sait v. Town of Readfield (Me. Super. Ct 2004). · cites it 2× “There remained, more specifically, a prayer for injunctive relief requiring the town to properly maintain a drainage easement, damages for overburdening of a drainage easement and statutory trespass in accordance with Title 23 M.RS.A. § 3251. The Nickerson Hill Road runs east…”

Mumme Mumme v. Inhabs. of the City of Eastport (Me. Super. Ct 2000). · cites it 2× “Count I - Alleged Violation of 23 M.R.S.A. §3251 In count I of the complaint plaintiffs allege that the City violated 23 M.”

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