Amend the amendment by inserting after the enacting clause the following:
‘Sec. 1. 17 MRSA §3853-E is enacted to read:
Amend the amendment in section 5 by striking out all of the first line (page 2, line 9 in amendment) and inserting the following:
‘Sec. 5. 23 MRSA §3026-A is enacted to read:’
Amend the amendment in section 5 by striking out all of §3026-B (page 3, lines 19 to 35 in amendment)
Amend the amendment in section 7 in subsection 1 in the first line (page 4, line 26 in amendment) by striking out the following: " It Except as provided by subsection 1-A, it" and inserting in its place the following: 'It'
Amend the amendment by striking out all of sections 8 and 9 and inserting the following:
‘Sec. 8. 23 MRSA §3028, sub-§5 is enacted to read:
Amend the amendment by striking out all of section 12 (page 6, lines 1 to 11 in amendment) and inserting the following:
‘Sec. 12. Municipalities authorized to develop road inventories. To the extent data are available, municipalities working collaboratively with the Department of Transportation may develop comprehensive road inventories identifying all town ways, abandoned town ways and discontinued town ways or any segments of those town ways, abandoned town ways and discontinued town ways.’
Amend the amendment by relettering or renumbering any nonconsecutive Part letter or section number to read consecutively.
summary
This amendment amends Committee Amendment "A." The amendment:
1. Strikes the provision in the committee amendment that requires a municipality to go through a discontinuance procedure in the 21st year after a discontinuance certificate was originally filed;
2. Removes the provision in the committee amendment that as of January 1, 2015 the new discontinuance process will be the only means to terminate any interests held by a municipality for highway purposes;
3. Requires determinations by municipal officers or a court that a town way has been abandoned to be recorded with the registry of deeds, the Department of Transportation and the municipality. The committee amendment requires recordation of determinations only by the municipal officers;
4. Strikes the provision in the committee amendment that required municipalities to develop lists of town ways by January 1, 2016. This amendment instead authorizes municipalities to work collaboratively with the Department of Transportation to develop comprehensive road inventories; and
5. Provides that a person who causes damage to a discontinued or abandoned road in which a public easement exists commits a Class E crime.