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| 4 | 4 | | LCO No. 4689 1 of 2 |
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| 6 | 6 | | General Assembly Raised Bill No. 6608 |
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| 7 | 7 | | January Session, 2021 |
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| 8 | 8 | | LCO No. 4689 |
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| 9 | 9 | | |
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| 10 | 10 | | |
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| 11 | 11 | | Referred to Committee on JUDICIARY |
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| 12 | 12 | | |
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| 13 | 13 | | |
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| 14 | 14 | | Introduced by: |
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| 15 | 15 | | (JUD) |
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| 16 | 16 | | |
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| 17 | 17 | | |
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| 19 | 19 | | |
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| 20 | 20 | | AN ACT CONCERNING RE AL ESTATE ABUTTING A RIGHT-OF-WAY. |
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| 21 | 21 | | Be it enacted by the Senate and House of Representatives in General |
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| 22 | 22 | | Assembly convened: |
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| 23 | 23 | | |
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| 24 | 24 | | Section 1. (NEW) (Effective from passage) (a) Every instrument passing 1 |
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| 25 | 25 | | title to real property abutting a right-of-way shall be construed to 2 |
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| 26 | 26 | | include any fee interest of the grantor in such right-of-way, unless: 3 |
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| 27 | 27 | | (1) The grantor retains other real property abutting such right-of-4 |
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| 28 | 28 | | way, in which case: (A) If the retained real property is on the same side 5 |
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| 29 | 29 | | as the right-of-way, the property line between the land granted and the 6 |
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| 30 | 30 | | land retained shall be continued into such right-of-way as far as the 7 |
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| 31 | 31 | | grantor owns; or (B) if the retained real property is on the other side of 8 |
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| 32 | 32 | | such right-of-way between the property lines extended, the title 9 |
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| 33 | 33 | | conveyed shall be to the center line of such right-of-way as far as the 10 |
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| 34 | 34 | | grantor owns; 11 |
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| 35 | 35 | | (2) The instrument evidences a different intent by an express 12 |
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| 36 | 36 | | exception or reservation and not alone by bounding by a side line; or 13 |
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| 37 | 37 | | (3) Other written evidence establishes that the right-of-way was 14 |
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| 38 | 38 | | expressly dedicated by the grantor to the municipality within which the 15 Raised Bill No. 6608 |
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| 39 | 39 | | |
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| 41 | 41 | | |
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| 42 | 42 | | LCO No. 4689 2 of 2 |
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| 43 | 43 | | |
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| 44 | 44 | | right-of-way exists. 16 |
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| 45 | 45 | | (b) The provisions of this section shall apply to all instruments 17 |
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| 46 | 46 | | executed before, on or after the effective date of this section, provided 18 |
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| 47 | 47 | | this section shall not apply to any person or his or her predecessor in 19 |
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| 48 | 48 | | title who has obtained specific rights in the right-of-way as a result of a 20 |
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| 49 | 49 | | judgment of a court of competent jurisdiction. 21 |
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| 50 | 50 | | This act shall take effect as follows and shall amend the following |
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| 51 | 51 | | sections: |
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| 52 | 52 | | |
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| 53 | 53 | | Section 1 from passage New section |
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| 54 | 54 | | |
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| 55 | 55 | | Statement of Purpose: |
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| 56 | 56 | | To clarify the ownership of "orphan" roadways in this state. |
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| 57 | 57 | | [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except |
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| 58 | 58 | | that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not |
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| 59 | 59 | | underlined.] |
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| 60 | 60 | | |
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