Public Laws

124th Legislature

First Regular Session

Chapter 238

H.P. 910 - L.D. 1307

An Act To Provide Limited Immunity for Road Association Directors, Commissioners and Volunteers

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

Sec. 1. 23 MRSA 3101, sub-7 is enacted to read:

7. Immunity from suit. A commissioner, board or owner of a parcel of land who undertakes activities of a road association under this subchapter is immune from civil liability in all actions by owners or lessees of other lots for the following activities:
A. The determination of repairs and maintenance to be undertaken;
B. The determination of materials to be furnished or amount of money to be paid by each owner for repairs and maintenance;
C. The collection of the money from each owner; and
D. The awarding of a contract authorized under section 3103.

Sec. 2. 23 MRSA 3101, sub-8 is enacted to read:

8. Environmental violations. Notwithstanding subsection 7, a commissioner, board or owner of a parcel of land is not immune from an enforcement action for a violation of law under the jurisdiction of the Department of Environmental Protection or a municipality.

Effective September 12, 2009

Office of the Revisor of Statutes
State House, Room 108
Augusta, ME 04333