Chapter 359
2023 -- S 0302
Enacted 06/27/2023

A N   A C T
RELATING TO HIGHWAYS -- ABANDONMENT BY TOWNS

Introduced By: Senator Alana DiMario

Date Introduced: February 16, 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; and
provided, further, that the town of Narragansett, 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. This act shall take effect upon passage.
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LC001082
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