• When roads are discontinued in Maine, it has an effect on the rights of landowners.maine,ghouldsboro,dwelling,residence,new england,h image by Earl Robbins from Fotolia.com
  
  When the state or county decides to give up the public use of a road, the road is said to be discontinued. Then the question arises, who has a right to use the road? At common law the road reverted to its original owner. But in Maine, when the road is discontinued by the state, the county still has an easement or right to use land. This affects not only the state, but also landowners who live near the discontinued road.
  
  

Easements

• An easement grants a person right to cross the property of another.path image by TA Craft Photography from Fotolia.com
  
  An easement is a limited right to use the land of another. Individuals can acquire easements and so can state and municipal agencies. An easement can be granted by an express grant from the owner. The easement can also be implied by use. In Maine a state law gives the government an easement on roads that have been discontinued.
  
  

Petitioning for Discontinuance

• While the state or a municipality has the authority to discontinue a road, in Maine citizens can petition their county government to discontinue a road. The county commissioners take this as a recommendation and can do exactly what is demanded in the petition, or alter the request to meet the interests of the area.
  
  Before a formal hearing to decide on a discontinuance, the county must give 30 days' notice to the public by giving this information to the Department of Transportation and the county clerk, and by publishing it in a local newspaper.
  
  

New State Highway

• When a new highway is built, discontinuing the county road gives rights to adjoining landowners.Highway image by ErichM from Fotolia.com
  
  Localities will often discontinue a section of a road when the state builds a highway on a substantially similar route. The county must give notice to public utilities located in a part of the road that will be discontinued and to people with adjacent property. The notice must state that the section of the road that will not become part of a new state highway will become the property of the adjacent landowners. This new property interest will abolish a public easement on the land.
  
  

Damages

• When a road is discontinued by a county, construction on a state highway on this stretch of road can cause damage to the property's neighboring landowners. The county is required to estimate the damages. People who hold interests such as reverters, remainders and life estates are eligible for damages.
  
  

Appealing a Decision to Discontinue a Road

• A landowner can appeal a county's formal determination to discontinue a road. The appeal must be filed with the appellate court within 30 days of the county's decision.