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| 4 | 4 | ||
| 5 | 5 | 2023 -- H 6452 | |
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| 7 | 7 | LC003057 | |
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| 9 | 9 | S TATE OF RHODE IS LAND | |
| 10 | 10 | IN GENERAL ASSEMBLY | |
| 11 | 11 | JANUARY SESSION, A.D. 2023 | |
| 12 | 12 | ____________ | |
| 13 | 13 | ||
| 14 | 14 | A N A C T | |
| 15 | 15 | RELATING TO PROPERTY -- BY POSSESSION AND PRESCRIPTION | |
| 16 | 16 | Introduced By: Representatives McNamara, Kazarian, and Potter | |
| 17 | 17 | Date Introduced: May 26, 2023 | |
| 18 | 18 | Referred To: House Judiciary | |
| 19 | 19 | ||
| 20 | 20 | ||
| 21 | 21 | It is enacted by the General Assembly as follows: | |
| 22 | 22 | SECTION 1. Section 34-7-4 of the General Laws in Chapter 34-7 entitled "By Possession 1 | |
| 23 | 23 | and Prescription" is hereby repealed. 2 | |
| 24 | 24 | 34-7-4. Right of footway denied. 3 | |
| 25 | 25 | No right of footway, except claimed in connection with a right to pass with carriages, shall 4 | |
| 26 | 26 | be acquired by prescription or adverse use for any length of time. 5 | |
| 27 | 27 | SECTION 2. This act shall take effect upon passage. 6 | |
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| 29 | 29 | LC003057 | |
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| 32 | 32 | ||
| 33 | 33 | LC003057 - Page 2 of 2 | |
| 34 | 34 | EXPLANATION | |
| 35 | 35 | BY THE LEGISLATIVE COUNCIL | |
| 36 | 36 | OF | |
| 37 | 37 | A N A C T | |
| 38 | 38 | RELATING TO PROPERTY -- BY POSSESSION AND PRESCRIPTION | |
| 39 | 39 | *** | |
| 40 | 40 | This act would repeal the provisions of ยง 34-7-4 which provides that no right of footway, 1 | |
| 41 | 41 | except claimed in connection with a right to pass with carriages, could be acquired by prescription 2 | |
| 42 | 42 | or adverse use for any length of time. This act would effectively eliminate the statutory prohibition 3 | |
| 43 | 43 | against acquiring a right of footway by adverse possession. 4 | |
| 44 | 44 | This act would take effect upon passage. 5 | |
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| 46 | 46 | LC003057 | |
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