LD 1923
pg. 1
LD 1923 Title Page An Act to Facilitate the Establishment of Trail Easements Page 2 of 4
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LR 2219
Item 1

 
Be it enacted by the People of the State of Maine as follows:

 
Sec. 1. 33 MRSA c. 30 is enacted to read:

 
CHAPTER 30

 
TRAIL EASEMENTS

 
§1581.__Definitions

 
As used in this chapter, unless the context otherwise
indicates, the following terms have the following meanings.

 
1.__Holder.__"Holder" means:

 
A.__A governmental body authorized to hold an interest in
real property under the laws of this State or the United
States, including a quasi-governmental entity such as a
conservation commission, a regional planning commission or a
water or sewer district; or

 
B.__A nonprofit corporation including a land trust, the
purposes or powers of which include the creation and
maintenance of pedestrian trails for use by the general
public, for the conservation or preservation of open space,
or both.

 
2.__Trail easement.__"Trail easement" means a nonpossessory
interest of a holder in real property for the purposes of
creating and maintaining a pedestrian trail for use by the
general public.

 
§1582.__Creation, conveyance, acceptance and duration

 
1.__Trail easement.__Except as otherwise provided in this
chapter, a trail easement may be created, conveyed, recorded,
assigned, released, modified, terminated or otherwise altered or
affected in the same manner as other easements created by written
instrument.

 
2.__Right or duty.__No right or duty in favor of or against a
holder arises under a trail easement unless the right or duty is
accepted by the holder.

 
3.__Limitation.__Except as provided in this chapter, a trail
easement is unlimited in duration unless the instrument creating
it provides otherwise.

 
4.__Interest.__An interest in real property in existence at
the time a trail easement is created is not impaired by the trail


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