2025 -- H 5960

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LC000925

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2025

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A N   A C T

RELATING TO HIGHWAYS -- ABANDONMENT BY TOWNS

     Introduced By: Representatives Cortvriend, Tanzi, and Dawson

     Date Introduced: February 28, 2025

     Referred To: House Municipal Government & Housing

     It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 24-6 of the General Laws entitled "Abandonment by Towns" is

hereby amended by adding thereto the following section:

     24-6-6. Public easement - Qualified abandonment of highways and driftways.

     (a) As an alternative to abandonment under the other provisions of this chapter, the town

council may, at its sole option, upon vote and decree, and in accordance with the provisions as set

forth in subsection (b) of this section, make a qualified abandonment under which a public easement

is retained in an otherwise abandoned town highway or driftway. The public easement, may

include, as specified by the town council: use as a walking trail, hiking trail, or biking trail, or any

combination thereof, and further, if suitable, public parking places in conjunction with any of the

aforementioned uses. The adjacent abutters will have no liability or maintenance obligations by

virtue of such status as an abutter or by virtue of such adjacency. With respect to such public

easement, the town shall retain the liability and maintenance obligations that it has with respect to

unabandoned town roads and driftways to the extent such liability and obligations are applicable to

the specified use or uses.

     (b) All procedures, requirements and conditions for a qualified abandonment under this

section shall be in accordance with the procedures, requirements and conditions for abandonment

pursuant to this chapter; provided that, notice of qualified abandonment shall, in addition to the

other notice requirements set forth in this chapter, include the nature, scope, form and extent of the

use by the public. The procedures referred to in this section shall include, without limitation, the

requirement of a town council to issue an order or decree.

     (c) All provisions of this chapter regarding abandonment, not specifically inconsistent with

the provisions of this section, shall apply to qualified abandonment under this section.

     (d) This section does not alter the status of a previously abandoned town highway or

driftway.

     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 HIGHWAYS -- ABANDONMENT BY TOWNS

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     This act would allow for a qualified abandonment of public town roads which grants a

public easement over said road allowing it to be converted to walking, biking, and hiking trails and

access to parks, nature preserves and other recreational facilities. The municipality would no longer

be responsible for the maintenance of said road. Any existing public utility easement would not be

affected and this act would not alter the status of a previously abandoned town way.

     This act would take effect upon passage.

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