Rhode Island 2023 Regular Session

Rhode Island Senate Bill S0731 Compare Versions

Only one version of the bill is available at this time.

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5	5	2023 -- S 0731
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7	7	LC001639
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9	9	S TATE OF RHODE IS LAND
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2023
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14	14	A N A C T
15	15	RELATING TO HIGHWAYS -- ABANDONMENT BY TOWNS
16	16	Introduced By: Senators Burke, McKenney, and Tikoian
17	17	Date Introduced: March 22, 2023
18	18	Referred To: Senate Judiciary
19	19	(Dept. of Business Regulation)
20	20
21	21	It is enacted by the General Assembly as follows:
22	22	SECTION 1. Section 24-6-1 of the General Laws in Chapter 24-6 entitled "Abandonment 1
23	23	by Towns" is hereby amended to read as follows: 2
24	24	24-6-1. Order of abandonment — Reversion of title — Notice. 3
25	25	(a) Whenever, by the judgment of the town council of any town, a highway or driftway in 4
26	26	the town, or any part of either, has ceased to be useful to the public, the town council of the town 5
27	27	is authorized so to declare it by an order or decree that shall be final and conclusive; and, thereupon, 6
28	28	the title of the land upon which the highway or driftway or part thereof existed shall revert to its 7
29	29	owner and the town shall be no longer liable to repair the highway or driftway; provided, however, 8
30	30	that the town council shall cause a sign to be placed at each end of the highway or driftway, having 9
31	31	thereon the words “Not a public highway,” and after the entry of the order or decree, shall also 10
32	32	cause a notice thereof to be published in a newspaper of general circulation, printed in English, at 11
33	33	least once each week for three (3) successive weeks in a newspaper circulated within the city or 12
34	34	town and a further and personal notice shall be served upon every owner of land abutting upon that 13
35	35	part of the highway or driftway that has been abandoned who is known to reside within this state. 14
36	36	Nothing contained in this chapter shall, in any manner, affect any private right-of-way over the land 15
37	37	so adjudged to be useless as a highway or driftway if the right had been acquired before the taking 16
38	38	of the land for a highway or driftway. Provided, however, that the town of Coventry and any 17
39	39	community with a population of not less than one hundred thousand (100,000), receiving a request 18
40	40	for the abandonment of a highway or driftway from an abutting property owner, may sell the 19
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43	43	LC001639 - Page 2 of 3
44	44	highway or driftway to the abutting owner at fair market value; and provided, further, that the town 1
45	45	of North Providence, upon receiving a request for the abandonment of a highway or driftway from 2
46	46	an abutting property owner may sell the highway or driftway to the abutting owner, at fair market 3
47	47	value; and provided further, that the town of New Shoreham, upon receiving a request for the 4
48	48	abandonment of a highway or driftway from an abutting property owner, may sell the highway or 5
49	49	driftway to the abutting owner at fair market value; and provided, further, that the town of 6
50	50	Barrington, upon receiving a request for the abandonment of a highway or driftway from an 7
51	51	abutting property owner, may sell the highway or driftway to the abutting owner at fair market 8
52	52	value; and provided, further, that the city of Cranston, upon receipt of a request for abandonment 9
53	53	of a highway or driftway within the city of Cranston, where the sale of the highway or driftway to 10
54	54	an abutting owner would result in the creation of a new lot that would be in compliance with the 11
55	55	minimum-area requirement for construction of a building that is a permitted use, may sell the 12
56	56	highway or driftway to the abutting owner at fair market value; and provided, further, that the city 13
57	57	of Warwick, upon receiving a request for the abandonment of a highway or driftway from an 14
58	58	abutting property owner, may sell the highway or driftway to the abutting owner at fair market 15
59	59	value; and provided, further, that the town of Middletown, upon receiving a request for the 16
60	60	abandonment of a highway or driftway from an abutting property owner, may sell the highway or 17
61	61	driftway to the abutting owner at fair market value; and provided, further, that the town of 18
62	62	Cumberland, upon receiving a request for abandonment of a highway or driftway from an abutting 19
63	63	property owner, may sell the highway or driftway to the abutting owner at fair market value. 20
64	64	(b) Provided, further, that nothing in this section shall apply to private ways regardless of 21
65	65	their use or maintenance thereof by any municipal corporation. 22
66	66	(c) All abandonments must be recorded in land evidence records by the petitioner(s) in the 23
67	67	applicable municipality through the filing of an administrative subdivision in accordance with 24
68	68	chapter 23 of title 45. The newly created boundary lines shall be certified to a Class 1 measurement 25
69	69	specification pursuant to the rules and regulations promulgated by the Rhode Island board of 26
70	70	registration for professional land surveyors in accordance with chapter 8.1 of title 5. 27
71	71	SECTION 2. This act shall take effect upon passage. 28
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78	78	EXPLANATION
79	79	BY THE LEGISLATIVE COUNCIL
80	80	OF
81	81	A N A C T
82	82	RELATING TO HIGHWAYS -- ABANDONMENT BY TOWNS
83	83	***
84	84	This act would provide that road abandonments by municipalities be properly recorded in 1
85	85	land evidence records. 2
86	86	This act would take effect upon passage. 3
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