Maine Revised Statutes

Me. Rev. Stat. tit. 23, § 3652 (2026)

Notice of defect; hearing on petition

✓ current as of May 2026
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1.  Municipal board of appeals; authority to hear petition.  The legislative body of a municipality may appoint the municipal board of appeals established pursuant to Title 30‑A, section 2691 to receive a petition of a defective town way to review.  
[PL 2025, c. 395, §2 (NEW).]
2.  Persons petitioning defective road.  When a town liable to maintain a town way unreasonably neglects to keep it in repair as provided in section 3651 after one of the municipal officers has had 5 days' actual notice or knowledge of the defective condition, any 3 or more responsible persons, setting forth those facts, may petition the municipal board of appeals that has been granted authority by the legislative body pursuant to subsection 1. The municipal board of appeals shall fix a time and place near the defective town way for a hearing on the petition and cause such notice of the hearing to be given to the town and petitioners as the board of appeals may prescribe. At the time appointed, the board of appeals shall inspect the town way that is alleged to be out of repair and hear the parties interested, and if the board of appeals adjudges the town way to be unsafe and inconvenient for travelers, motor vehicles, horses, teams and carriages, the board of appeals shall prescribe what repairs must be made, fix the time in which the town must undertake the repairs and give notice of the repairs to the municipal officers. If the board of appeals adjudges the town way to be safe and convenient based on existing roadway surface and the season of the year, the board of appeals shall dismiss the petition.  
[PL 2025, c. 395, §2 (NEW).]
SECTION HISTORY
PL 2025, c. 395, §2 (RPR).
Notes of Decisions
Cited in 3 cases, 1991–2004 · leading case: Lamb v. Town of Farmington, 846 A.2d 333 (Me. 2004).
Lamb v. Town of Farmington, 846 A.2d 333 (Me. 2004). · cites it 3× “[¶ 3] The Franklin County Commissioners held a hearing, and pursuant to 23 M.R.S.A. § 3652 (1992), 1 they ordered Farmington to make repairs to Hovey Road by July 31, 2002.”
Lamb v. Town of New Sharon, 606 A.2d 1042 (Me. 1992). · cites it 2× “Lamb then petitioned the County pursuant to 23 M.R.S.A. § 3652 (Supp.1992) 3 to have the County order the Town to repair the road.”
Whalen v. Town of Livermore, 588 A.2d 319 (Me. 1991). “1990), and the Town is liable to maintain the road under 23 M.R.S.A. § 3652 (1980). We disagree and affirm the Superior Court’s judgments.”
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.