Chapter 037 |
2022 -- H 7952 Enacted 06/08/2022 |
A N A C T |
RELATING TO HIGHWAYS -- ABANDONMENT BY TOWNS |
Introduced By: Representatives Ackerman, McLaughlin, and Marszalkowski |
Date Introduced: March 07, 2022 |
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 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 that has been abandoned who is known to reside within this state. |
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 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 that would be in compliance with the |
minimum-area requirement for construction of a building 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; and provided, further, that the town of Middletown, 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 |
Cumberland, upon receiving a request for 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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LC004998 |
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