Denies the right of footway, except within one hundred (100) yards of the Pawtuxet River in the cities of Warwick and Cranston and except in connection with a right to pass with carriages to be acquired by prescription or adverse use.
Impact
The enactment of S2773 would have a significant impact on property laws in Rhode Island. By restricting the acquisition of footway rights, it limits the scope of prescriptive easements that individuals might claim over property adjacent to the Pawtuxet River. This change aims to prevent potential property disputes over foot access in the defined areas, thereby providing clearer guidelines for property owners and enhancing the integrity of land use near the river.
Summary
Bill S2773 aims to amend existing laws governing property rights in Rhode Island, specifically addressing the concept of footway access. The primary provision of the bill denies the right to acquire footway except within a hundred yards of the Pawtuxet River located in Warwick and Cranston, and only allows for such rights in connection with the right to pass with carriages. This bill serves to clarify and restrict how footway rights can be established through long-term usage or adverse possession.
Contention
While the bill seems straightforward, it does bring forth important discussions regarding property rights and public access. Proponents argue that this legislation is necessary to protect private property interests and maintain safety along the riverbanks, while critics might express concern that such restrictions overly limit public access to riverfront areas. The nuances of land use, recreational access, and property rights are likely to be debated among various stakeholders including property owners, local governments, and public access advocates.
Joint Resolution To Approve And Publish And Submit To The Electors A Proposition Of Amendment To The Constitution Of The State (initiative And Referendum) (this Resolution Would Enable The Citizens Of Rhode Island To Propose Laws And Amendments To The Constitution Through An Initiative And Referendum Process, Except As To Revenue And Appropriations, Which Power Remains Vested In The General Assembly.)