Chapter 073
2009 -- S 0190
Enacted 07/01/09
A N A C T
RELATING TO HIGHWAYS
Introduced By: Senators Walaska, Lynch, and McCaffrey
Date Introduced: February 04, 2009
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
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
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
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
city of
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.; and provided,
further, that the city of
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.
(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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LC00679
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