2021 -- S 0175

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LC001079

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

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A N   A C T

RELATING TO HIGHWAYS -- ABANDONMENT BY TOWNS

     

     Introduced By: Senator Louis P. DiPalma

     Date Introduced: February 05, 2021

     Referred To: Senate Housing & Municipal Government

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 24-6-1 of the General Laws in Chapter 24-6 entitled "Abandonment

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By Towns" is hereby amended to read as follows:

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     24-6-1. Order of abandonment -- Reversion of title -- Notice.

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     (a) Whenever, by the judgment of the town council of any town, a highway or driftway in

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the town, or any part of either, has ceased to be useful to the public, the town council of the town

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is authorized so to declare it by an order or decree that shall be final and conclusive; and, thereupon,

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the title of the land upon which the highway or driftway or part thereof existed shall revert to its

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owner and the town shall be no longer liable to repair the highway or driftway; provided, however,

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that the town council shall cause a sign to be placed at each end of the highway or driftway, having

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thereon the words "Not a public highway," and after the entry of the order or decree, shall also

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cause a notice thereof to be published in a newspaper of general circulation, printed in English, at

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least once each week for three (3) successive weeks in a newspaper circulated within the city or

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town and a further and personal notice shall be served upon every owner of land abutting upon that

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part of the highway or driftway that has been abandoned who is known to reside within this state.

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Nothing contained in this chapter shall, in any manner, affect any private right-of-way over the land

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so adjudged to be useless as a highway or driftway if the right had been acquired before the taking

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of the land for a highway or driftway. Provided, however, that the town of Coventry and any

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community with a population of not less than one hundred thousand (100,000), receiving a request

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for the abandonment of a highway or driftway from an abutting property owner, may sell the

 

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highway or driftway to the abutting owner at fair market value; and provided, further, that the town

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of North Providence, upon receiving a request for the abandonment of a highway or driftway from

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an abutting property owner may sell the highway or driftway to the abutting owner, at fair market

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value; and provided further, that the town of New Shoreham, upon receiving a request for the

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abandonment of a highway or driftway from an abutting property owner, may sell the highway or

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driftway to the abutting owner at fair market value; and provided, further, that the town of

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Barrington, upon receiving a request for the abandonment of a highway or driftway from an

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abutting property owner, may sell the highway or driftway to the abutting owner at fair market

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value; and provided, further, that the city of Cranston, upon receipt of a request for abandonment

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of a highway or driftway within the city of Cranston, where the sale of the highway or driftway to

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an abutting owner would result in the creation of a new lot that would be in compliance with the

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minimum-area requirement for construction of a building that is a permitted use, may sell the

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highway or driftway to the abutting owner at fair market value; and provided, further, that the city

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of Warwick, upon receiving a request for the abandonment of a highway or driftway from an

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abutting property owner, may sell the highway or driftway to the abutting owner at fair market

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value; and provided, further, that the town of Middletown, upon receiving a request for the

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abandonment of a highway or driftway from an abutting property owner, may sell the highway or

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driftway to the abutting owner at fair market value.

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     (b) Provided, further, that nothing in this section shall apply to private ways regardless of

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their use or maintenance thereof by any municipal corporation.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO HIGHWAYS -- ABANDONMENT BY TOWNS

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     This act would allow the town of Middletown to sell an abandoned highway or driftway to

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the abutting property owner making the abandonment request at fair market value.

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     This act would take effect upon passage.

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