Chapter 260

2007 -- S 1076 SUBSTITUTE A

Enacted 07/03/07

A N A C T

RELATING TO HIGHWAYS -- ABANDONMENT BY TOWNS

Introduced By: Senator V. Susan Sosnowski

Date Introduced: June 06, 2007

It is enacted by the General Assembly as follows:

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

By Towns" is hereby amended to read as follows:

24-6-1. Order of abandonment -- Reversion of title -- Notice. -- (a) Whenever, by the

judgment of the town council of any town, a highway or driftway in the town, or any part of

either, has ceased to be useful to the public the town council of the town is authorized so to

declare it by an order or decree which shall be final and conclusive; and thereupon the title of the

land upon which the highway or driftway or part thereof existed shall revert to its owner, and the

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

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

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

thereof to be published in a newspaper of general circulation, printed in English at least once each

week for three (3) successive weeks in a newspaper circulated within the city or town and a

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

the highway or driftway which has been abandoned who is known to reside within this state but

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

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

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

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

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

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

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

driftway from an abutting property owner may sell the highway or driftway to the abutting owner

at fair market value; and provided further, that the town of New Shoreham, upon receiving a

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

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

city of Cranston, upon receipt of a request for abandonment of a highway or driftway within the

city of Cranston, where the sale of the highway or driftway to an abutting owner would result in

the creation of a new lot which would be in compliance with the minimum area requirement for

construction of a building which is a permitted use, may sell the highway or driftway to the

abutting owner at fair market value.

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

their use or maintenance thereof by any municipal corporation.

     SECTION 2. This act shall take effect upon passage.

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LC03272/SUB A

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