2024 -- S 2897

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LC003588

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2024

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A N   A C T

RELATING TO PROPERTY -- BY POSSESSION AND PRESCRIPTION

     

     Introduced By: Senators Gu, Euer, Burke, Valverde, DiMario, Sosnowski, and Quezada

     Date Introduced: March 22, 2024

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 34-7-4 of the General Laws in Chapter 34-7 entitled "By Possession

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and Prescription" is hereby amended to read as follows:

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     34-7-4. Right of footway denied.

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     (a) No private right of footway, except claimed in connection with a right to pass with

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carriages, shall be acquired by prescription or adverse use for any length of time.

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     (b) Nothing in this section shall be construed to limit the public right of footway accrued

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under the doctrine of implied dedication.

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     (c) For purposes of this section, “implied dedication” means a conveyance that is not in

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writing, but rather one where the property owner's conduct implies that a dedication has been made.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO PROPERTY -- BY POSSESSION AND PRESCRIPTION

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     This act would amend the current law to make the denial of a right of footway applicable

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only to a private right of footway and not to the public right of footway accrued under the doctrine

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of implied dedication. In addition, this act would define “implied dedication” as a conveyance that

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is not in writing, but rather one where the property owner's conduct implies that a dedication has

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been made.

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     This act would take effect upon passage.

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LC003588

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