2024 -- S 2897 | |
======== | |
LC003588 | |
======== | |
STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2024 | |
____________ | |
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: | |
1 | SECTION 1. Section 34-7-4 of the General Laws in Chapter 34-7 entitled "By Possession |
2 | and Prescription" is hereby amended to read as follows: |
3 | 34-7-4. Right of footway denied. |
4 | (a) No private right of footway, except claimed in connection with a right to pass with |
5 | carriages, shall be acquired by prescription or adverse use for any length of time. |
6 | (b) Nothing in this section shall be construed to limit the public right of footway accrued |
7 | under the doctrine of implied dedication. |
8 | (c) For purposes of this section, “implied dedication” means a conveyance that is not in |
9 | writing, but rather one where the property owner's conduct implies that a dedication has been made. |
10 | SECTION 2. This act shall take effect upon passage. |
======== | |
LC003588 | |
======== | |
| |
EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO PROPERTY -- BY POSSESSION AND PRESCRIPTION | |
*** | |
1 | This act would amend the current law to make the denial of a right of footway applicable |
2 | only to a private right of footway and not to the public right of footway accrued under the doctrine |
3 | of implied dedication. In addition, this act would define “implied dedication” as a conveyance that |
4 | is not in writing, but rather one where the property owner's conduct implies that a dedication has |
5 | been made. |
6 | This act would take effect upon passage. |
======== | |
LC003588 | |
======== | |
| LC003588 - Page 2 of 2 |