Maine Revised Statutes

Me. Rev. Stat. tit. 23, § 3651 (2026)

Failure to provide safety and convenience

✓ current as of May 2026

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Highways, town ways and streets legally established must be opened and kept in repair so as to be safe and convenient for travelers with motor vehicles based on existing roadway surface and the season of the year. A municipal officer or county commissioner responsible for maintenance and repair of a town way must be notified by a resident in writing of which way is not safe and convenient. Once notified, the municipal officer or county commissioner may evaluate the risk to travelers based on existing roadway surface and the season of the year and recommend a reasonably achievable repair. If a municipal officer or county commissioner unreasonably neglects to repair the defective town way in a reasonable amount of time after receiving notice, a person who receives bodily injury or suffers damage to the person's property through any defect or want of repair on any town way may recover for the same in a civil action pursuant to section 3655. [PL 2025, c. 395, §1 (AMD).]

1. Legal objects not defects. Trees, structures, utility poles and facilities and other things that exist in accordance with municipal ordinances are not defects in a public way. For the purposes of this subsection, "facilities" has the same meaning as in Title 35‑A, section 2502, subsection 3.

[PL 2019, c. 128, §1 (AMD).]

SECTION HISTORY

PL 1977, c. 363, §5 (AMD). PL 1987, c. 583, §1 (AMD). PL 2019, c. 128, §1 (AMD). PL 2025, c. 395, §1 (AMD).

Notes of Decisions

Cited in 6 cases, 1978–2020 · leading case: Town of Kittery v. MacKenzie, 785 A.2d 1251 (Me. 2001).

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Town of Kittery v. MacKenzie, 785 A.2d 1251 (Me. 2001). · cites it 5× “) in favor of the Town of Kittery, determining that the Town’s use of its right-of-way did not create or accept a highway, town way, or street that the Town must maintain pursuant to 23 M.R.S.A. § 3651 (1992). MacKenzie argues that the Town’s right-of-way is a way that the Town…”

Town of South Berwick v. White, 412 A.2d 1225 (Me. 1980). · cites it 2× “The Town also argues that any public expenditures that did not bring the road up to the “safe and convenient” condition required of the municipality by 23 M.R.S.A. § 3651 (Supp.1979) 3 should not count to prevent the running of the period of pre *1227 sumptive abandonment.”

Bd. of Selectmen v. Kennebec Cnty. Commissioners, 393 A.2d 526 (Me. 1978). “Petitioners based their claim on the provisions of 23 M.R.S.A. §§ 3651, 3652 (1964). 1 In their petition, they alleged, among other things, that the road was a county road and that it was not kept in repair so as to be safe for travelers with motor vehicles.”

Lamb v. Town of New Sharon, 606 A.2d 1042 (Me. 1992). “Towns are responsible for the upkeep of certain roads under 23 M.R.S.A. § 3651 (1980), which states: Highways, town ways and streets legally established shall be opened and kept in repair so as to be safe and convenient for travelers with motor vehicles.”

Levesque v. City of Bath (Me. Super. Ct 2020). “" The City points to cases which endorse the latter interpretation, Levesque argues that these cases are too antiquated to be relied on and that the statute has been updated since then to enable actions by any person, so long as they were injured by a defect that would be…”

Bernard v. Town of N. Berwick (Me. Super. Ct 2004). “” 23 M.R.S. § 3651(1) (2003). Here, the Plaintiff was injured when a tree limb fell on top of her.”

— Me. Rev. Stat. tit. 23, § 3651(1) — 1 case

Bernard v. Town of N. Berwick (Me. Super. Ct 2004). “” 23 M.R.S. § 3651(1) (2003). Here, the Plaintiff was injured when a tree limb fell on top of her.”

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