Sec. 2. 23 MRSA §2060, as amended by PL 1975, c. 711, §4, is repealed and the following enacted in its place:

§2060. Discontinuance where new state highway

1.__General procedures.__When the Department of Transportation has constructed a highway over substantially the same route as that of a county or town way and has recorded the plans of that highway in the registry of deeds, the county commissioners or municipal officers may, on their own motion, after notice and hearing, proceed to alter or discontinue the portion of that way not within the limits of the highway. The department shall give notice and proceed as provided in this chapter or chapter 304, as applicable, including serving any public utility having facilities located in that portion to be discontinued.__Notice to abutters must include notice that all or a portion of the discontinued roadway may pass to the abutters unless an exception in the plans and order of discontinuance is requested.__Any aggrieved person may appeal as provided in the applicable chapter. The plans prepared by the department and recorded in the registry of deeds may be referred to in describing those portions of the county or town way to be discontinued.

2.__Effect and exceptions.__Upon discontinuance, all interests of the county or municipality pass to the abutting property owners to the center of the way in accordance with section 3026.__ When the Department of Transportation is an abutting owner, then the interests in the way pass to the property owner opposite the department's ownership in accordance with a plan showing the right-of-way line established for the new highway location by the department.__The plan must be referenced in the order of discontinuance.

3.__Exclusion.__This section does not apply in cases where the county or municipality owns the fee interest in the road to be discontinued.

SUMMARY

This bill accomplishes the following:

1. It provides a method for determining the boundaries of state or state aid highways in cases where there is no recorded