Amend the amendment by striking out all of section 5 and inserting the following:
‘Sec. 5. 23 MRSA §3026-A is enacted to read:
A municipality may terminate in whole or in part any interests held by it for highway purposes. A municipality discontinuing a town way or public easement in this State must meet the following requirements.
An easement for public utility facilities necessary to provide or maintain service remains in a discontinued town way regardless of whether a public easement is retained. Upon approval by a municipal legislative body of an order to discontinue a town way and retain a public easement, unless otherwise stated in the order, all remaining interests of the municipality pass to the abutting property owners in fee simple to the center of the way.’
Amend the amendment by striking out all of section 12 and inserting the following:
‘Sec. 12. Municipalities to develop list of town ways. By January 1, 2016, a municipality shall prepare a list of all town ways in that municipality that are currently maintained with public funds; a list of all town ways that have been discontinued since 1965 and whether or not a public easement was retained, if such information can be provided without research; and a list of all town ways that have been abandoned since 1965 and whether or not a public easement was retained, if such information can be provided without research. A municipality shall publish the lists on its publicly accessible website or make copies available at the municipal office. A municipality shall record the lists at the appropriate county registry of deeds and with the Department of Transportation. The registry of deeds shall record these lists under the name of the municipality. The Department of Transportation may provide a municipality a list of that municipality's state and state aid highways and individual town ways.’
This amendment amends Committee Amendment "A" in the following manner:
1. It amends the time frames in which a municipal legislative body must vote on an order of discontinuance based on the type of municipal legislative body;
2. It adds a time limit to the requirement that the municipal clerk record a certificate of discontinuance;
3. It removes the requirement that a municipality, 21 years after a certificate of discontinuance has been filed, reconsider and vote on the discontinuance; and
4. It changes the requirement that a municipality develop lists of all town ways that have been discontinued or abandoned since 1965 if known to a requirement that a municipality develop those lists if the information can be provided without research.