2026 -- S 2135 | |
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LC004192 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2026 | |
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A N A C T | |
RELATING TO PROPERTY -- BY POSSESSION AND PRESCRIPTION | |
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Introduced By: Senators Gu, LaMountain, DiMario, McKenney, Burke, Bissaillon, and | |
Date Introduced: January 16, 2026 | |
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2 | and Prescription" is hereby repealed. |
3 | 34-7-4. Right of footway denied. |
4 | No right of footway, except claimed in connection with a right to pass with carriages, shall |
5 | be acquired by prescription or adverse use for any length of time. |
6 | SECTION 2. This act shall take effect upon passage. |
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LC004192 | |
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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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1 | This act would repeal the provisions of ยง 34-7-4 which provides that no right of footway, |
2 | except claimed in connection with a right to pass with carriages, could be acquired by prescription |
3 | or adverse use for any length of time. This act would effectively eliminate the statutory prohibition |
4 | against acquiring a right of footway by adverse possession. |
5 | This act would take effect upon passage. |
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