| Be it enacted by the People of the State of Maine as follows: |
|
| | Sec. 1. 33 MRSA c. 30 is enacted to read: |
|
| | 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 |
|
|