Amends current law to make denial of a right of footway applicable only to a private right of footway and not to the public right of footway accrued under the doctrine of implied dedication.
Impact
The passage of S2897 could significantly impact property law in the state by altering the way footway rights are interpreted and enforced. By explicitly limiting the denial of footway rights to private claims, the bill enhances public access rights to footways under the doctrine of implied dedication. This change is anticipated to protect public pathways and pedestrian access in areas where they may have been subject to claims by private property owners prior to this amendment.
Summary
Bill S2897 amends existing law regarding property rights, specifically addressing the issue of footways. The bill stipulates that the denial of a right of footway applies only to private rights and not to public rights accrued under the doctrine of implied dedication. Implied dedication is defined in the bill as a non-written conveyance signaled by the conduct of the property owner, suggesting a dedication has occurred without formal documentation. This clarification seeks to better delineate private property claims from public access rights.
Contention
Notable points of contention surrounding S2897 stem from the balance it seeks to strike between private property rights and public access. Proponents argue that protecting public footway access is crucial for community connectivity and mobility. However, some property owners may view the bill as an infringement on their rights to control access to their property. This potential conflict has led to discussions about the implications for property development and local governance in the process of managing footway access.