HP0802
LD 1139
Session - 128th Maine Legislature
C "A", Filing Number H-276, Sponsored by
LR 259
Item 2
Bill Tracking, Additional Documents Chamber Status

Amend the bill by striking out everything after the enacting clause and before the summary and inserting the following:

Sec. 1. 33 MRSA §459  is enacted to read:

§ 459 Easements and rights-of-way; installation of docks

1 Definitions.   As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A "Dock" means a platform used for access to a water body or to secure, protect and provide access to a boat or ship. The platform may extend from a shore over the water body or may be a floating platform attached to a mooring.
B "Easement or right-of-way" means the right of a person to pass over the land of another person.
C "Water body" means all inland and coastal waters, including but not limited to all ponds, great ponds, lakes, rivers, streams and coastal waters.
2 Easements or rights-of-way established on or after January 1, 2018.   The owner of an easement or right-of-way leading to or touching upon a water body does not have the right by implication to construct a dock on the easement or right-of-way or use the easement or right-of-way to facilitate the construction of a dock on the water body if:
A The easement or right-of-way is originally established in a written instrument executed on or after January 1, 2018; and
B The instrument granting or reserving the easement or right-of-way does not expressly include the right to construct a dock on the easement or right-of-way or the right to use the easement or right-of-way to facilitate the construction of a dock on the water body.

summary

This amendment replaces the bill to clearly state that, unless the written instrument that establishes an easement or right-of-way that leads to or touches upon a water body expressly includes the right to construct a dock on or using the easement or right-of-way, no such right exists in an easement or right-of-way created on or after January 1, 2018. "Water body" is intended to be all-inclusive, covering all inland and coastal waters.

This amendment does not affect easements or rights-of-way created before January 1, 2018.


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