| Chapter 074 |
| 2023 -- S 0731 Enacted 06/14/2023 |
| A N A C T |
| RELATING TO HIGHWAYS -- ABANDONMENT BY TOWNS |
Introduced By: Senators Burke, McKenney, and Tikoian |
| Date Introduced: March 22, 2023 |
| 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. |
| (c) All abandonments must be recorded in land evidence records by the petitioner(s) in the |
| applicable municipality through the filing of an administrative subdivision in accordance with |
| chapter 23 of title 45. The newly created boundary lines shall be certified to a Class 1 measurement |
| specification pursuant to the rules and regulations promulgated by the Rhode Island board of |
| registration for professional land surveyors in accordance with chapter 8.1 of title 5. |
| SECTION 2. This act shall take effect upon passage. |
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| LC001639 |
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