This legislation was requested by the Town to correct access rights by town vehicles, address private way improvements, liability protection, and ownership responsibility. The Town of Windham has had a longstanding policy of plowing a large number of private ways to ensure emergency access and passage to our residents on these roads; however, a 1989 Opinion of the Justices of the Maine Supreme Court determined that it is unconstitutional for a municipality to expend public resources on private property. The objective of L.D. 1723 is to give us time to correct Windham’s variance from this ruling that was issued years ago, so that we can continue this service with the proper legal allowances. The classification of this legislation as “private and special” means that it only applies to Windham and no other town. Other municipalities have discontinued this practice; Windham has the highest known number of Town plowed private ways being serviced in the State.