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General Assembly Raised Bill No. 6608
January Session, 2021
LCO No. 4689
Referred to Committee on JUDICIARY
Introduced by:
(JUD)
AN ACT CONCERNING RE AL ESTATE ABUTTING A RIGHT-OF-WAY.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. (NEW) (Effective from passage) (a) Every instrument passing 1
title to real property abutting a right-of-way shall be construed to 2
include any fee interest of the grantor in such right-of-way, unless: 3
(1) The grantor retains other real property abutting such right-of-4
way, in which case: (A) If the retained real property is on the same side 5
as the right-of-way, the property line between the land granted and the 6
land retained shall be continued into such right-of-way as far as the 7
grantor owns; or (B) if the retained real property is on the other side of 8
such right-of-way between the property lines extended, the title 9
conveyed shall be to the center line of such right-of-way as far as the 10
grantor owns; 11
(2) The instrument evidences a different intent by an express 12
exception or reservation and not alone by bounding by a side line; or 13
(3) Other written evidence establishes that the right-of-way was 14
expressly dedicated by the grantor to the municipality within which the 15 Raised Bill No. 6608
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right-of-way exists. 16
(b) The provisions of this section shall apply to all instruments 17
executed before, on or after the effective date of this section, provided 18
this section shall not apply to any person or his or her predecessor in 19
title who has obtained specific rights in the right-of-way as a result of a 20
judgment of a court of competent jurisdiction. 21
This act shall take effect as follows and shall amend the following
sections:
Section 1 from passage New section
Statement of Purpose:
To clarify the ownership of "orphan" roadways in this state.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
underlined.]