2014 – S 2150
Enacted 05/27/14
A N A C T
RELATING TO HIGHWAYS - ABANDONMENT BY TOWNS - BARRINGTON
Introduced By: Senator David E.Bates
Date Introduced: January 29, 2014
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 that 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 that has been abandoned who
is known to reside within this state. but nNothing
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 town of Barrington, 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 that would be in compliance with the
minimum-area requirement for construction of a building which that
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 Warwick, 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.
(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. If any provision of this act, or the application thereof, to the town of Barrington, or to any person or circumstances, is deemed invalid for any reason, the remainder of this act, or the application of such provision to said town or other persons or circumstances, shall not be affected thereby and, to this end, the provisions of this act are declared to be severable.
SECTION 3. This act shall take effect upon passage.
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LC003669
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