An Act To Clarify Municipal Responsibility in Providing Emergency Service during a Declared Emergency

Sec. 1. 23 MRSA §3105  is amended by adding at the end a new paragraph to read:

In the case of a declared emergency when access to individuals residing along a private way is impossible, a town or village corporation shall use its highway equipment to make the private way passable to ensure the health or safety of those residing along it. The town or village corporation may seek reimbursement for the actual cost of using the highway equipment from the residents of a private way after using highway equipment to make the private road passable under this paragraph.

SUMMARY

Under this bill, if a private road upon which individuals live is impassable because of a declared emergency, a town or village corporation must use its highway equipment to make that way passable. The town or village corporation may seek reimbursement after the fact for the actual cost of using the highway equipment.