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| 5 | 5 | | 2025 -- H 5960 |
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| 6 | 6 | | ======== |
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| 7 | 7 | | LC000925 |
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| 8 | 8 | | ======== |
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| 9 | 9 | | S T A T E O F R H O D E I S L A N D |
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| 10 | 10 | | IN GENERAL ASSEMBLY |
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| 11 | 11 | | JANUARY SESSION, A.D. 2025 |
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| 12 | 12 | | ____________ |
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| 13 | 13 | | |
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| 14 | 14 | | A N A C T |
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| 15 | 15 | | RELATING TO HIGHWAYS -- ABANDONMENT BY TOWNS |
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| 16 | 16 | | Introduced By: Representatives Cortvriend, Tanzi, and Dawson |
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| 17 | 17 | | Date Introduced: February 28, 2025 |
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| 18 | 18 | | Referred To: House Municipal Government & Housing |
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| 19 | 19 | | |
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| 20 | 20 | | |
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| 21 | 21 | | It is enacted by the General Assembly as follows: |
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| 22 | 22 | | SECTION 1. Chapter 24-6 of the General Laws entitled "Abandonment by Towns" is 1 |
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| 23 | 23 | | hereby amended by adding thereto the following section: 2 |
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| 24 | 24 | | 24-6-6. Public easement - Qualified abandonment of highways and driftways. 3 |
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| 25 | 25 | | (a) As an alternative to abandonment under the other provisions of this chapter, the town 4 |
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| 26 | 26 | | council may, at its sole option, upon vote and decree, and in accordance with the provisions as set 5 |
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| 27 | 27 | | forth in subsection (b) of this section, make a qualified abandonment under which a public easement 6 |
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| 28 | 28 | | is retained in an otherwise abandoned town highway or driftway. The public easement, may 7 |
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| 29 | 29 | | include, as specified by the town council: use as a walking trail, hiking trail, or biking trail, or any 8 |
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| 30 | 30 | | combination thereof, and further, if suitable, public parking places in conjunction with any of the 9 |
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| 31 | 31 | | aforementioned uses. The adjacent abutters will have no liability or maintenance obligations by 10 |
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| 32 | 32 | | virtue of such status as an abutter or by virtue of such adjacency. With respect to such public 11 |
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| 33 | 33 | | easement, the town shall retain the liability and maintenance obligations that it has with respect to 12 |
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| 34 | 34 | | unabandoned town roads and driftways to the extent such liability and obligations are applicable to 13 |
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| 35 | 35 | | the specified use or uses. 14 |
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| 36 | 36 | | (b) All procedures, requirements and conditions for a qualified abandonment under this 15 |
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| 37 | 37 | | section shall be in accordance with the procedures, requirements and conditions for abandonment 16 |
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| 38 | 38 | | pursuant to this chapter; provided that, notice of qualified abandonment shall, in addition to the 17 |
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| 39 | 39 | | other notice requirements set forth in this chapter, include the nature, scope, form and extent of the 18 |
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| 40 | 40 | | use by the public. The procedures referred to in this section shall include, without limitation, the 19 |
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| 41 | 41 | | |
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| 42 | 42 | | |
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| 43 | 43 | | LC000925 - Page 2 of 3 |
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| 44 | 44 | | requirement of a town council to issue an order or decree. 1 |
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| 45 | 45 | | (c) All provisions of this chapter regarding abandonment, not specifically inconsistent with 2 |
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| 46 | 46 | | the provisions of this section, shall apply to qualified abandonment under this section. 3 |
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| 47 | 47 | | (d) This section does not alter the status of a previously abandoned town highway or 4 |
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| 48 | 48 | | driftway. 5 |
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| 49 | 49 | | SECTION 2. This act shall take effect upon passage. 6 |
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| 50 | 50 | | ======== |
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| 51 | 51 | | LC000925 |
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| 52 | 52 | | ======== |
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| 53 | 53 | | |
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| 54 | 54 | | |
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| 55 | 55 | | LC000925 - Page 3 of 3 |
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| 56 | 56 | | EXPLANATION |
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| 57 | 57 | | BY THE LEGISLATIVE COUNCIL |
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| 58 | 58 | | OF |
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| 59 | 59 | | A N A C T |
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| 60 | 60 | | RELATING TO HIGHWAYS -- ABANDONMENT BY T OWNS |
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| 61 | 61 | | *** |
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| 62 | 62 | | This act would allow for a qualified abandonment of public town roads which grants a 1 |
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| 63 | 63 | | public easement over said road allowing it to be converted to walking, biking, and hiking trails and 2 |
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| 64 | 64 | | access to parks, nature preserves and other recreational facilities. The municipality would no longer 3 |
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| 65 | 65 | | be responsible for the maintenance of said road. Any existing public utility easement would not be 4 |
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| 66 | 66 | | affected and this act would not alter the status of a previously abandoned town way. 5 |
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| 67 | 67 | | This act would take effect upon passage. 6 |
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| 68 | 68 | | ======== |
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| 69 | 69 | | LC000925 |
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| 70 | 70 | | ======== |
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