2014 -- H 7231

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LC003668

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2014

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A N   A C T

RELATING TO HIGHWAYS - ABANDONMENT BY TOWNS - BARRINGTON

     

     Introduced By: Representatives Hearn, and Malik

     Date Introduced: January 29, 2014

     Referred To: House Municipal Government

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 24-6-1 of the General Laws in Chapter 24-6 entitled "Abandonment

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By Towns" is hereby amended to read as follows:

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     24-6-1. Order of abandonment -- Reversion of title -- Notice. -- (a) Whenever, by the

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judgment of the town council of any town, a highway or driftway in the town, or any part of

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either, has ceased to be useful to the public, the town council of the town is authorized so to

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declare it by an order or decree which that shall be final and conclusive; and, thereupon, the title

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of the land upon which the highway or driftway or part thereof existed shall revert to its owner,

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and the town shall be no longer liable to repair the highway or driftway; provided, however, that

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the town council shall cause a sign to be placed at each end of the highway or driftway, having

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thereon the words "Not a public highway", and after the entry of the order or decree, shall also

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cause a notice thereof to be published in a newspaper of general circulation, printed in English, at

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least once each week for three (3) successive weeks in a newspaper circulated within the city or

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town and a further and personal notice shall be served upon every owner of land abutting upon

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that part of the highway or driftway which that has been abandoned who is known to reside

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within this state but nNothing contained in this chapter shall, in any manner, affect any private

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right-of-way over the land so adjudged to be useless as a highway or driftway, if the right had

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been acquired before the taking of the land for a highway or driftway. Provided, however, that the

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town of Coventry and any community with a population of not less than one hundred thousand

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(100,000), receiving a request for the abandonment of a highway or driftway from an abutting

 

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property owner, may sell the highway or driftway to the abutting owner at fair market value; and

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provided, further, that the town of North Providence, upon receiving a request for the

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abandonment of a highway or driftway from an abutting property owner may sell the highway or

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driftway to the abutting owner, at fair market value; and provided further, that the town of New

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Shoreham, upon receiving a request for the abandonment of a highway or driftway from an

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abutting property owner, may sell the highway or driftway to the abutting owner at fair market

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value; and provided, further, that the town of Barrington, upon receiving a request for the

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abandonment of a highway or driftway from an abutting property owner, may sell the highway or

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driftway to the abutting owner at fair market value; and provided, further, that the city of

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Cranston, upon receipt of a request for abandonment of a highway or driftway within the city of

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Cranston, where the sale of the highway or driftway to an abutting owner would result in the

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creation of a new lot which that would be in compliance with the minimum-area requirement for

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construction of a building which that is a permitted use, may sell the highway or driftway to the

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abutting owner at fair market value; and provided, further, that the city of Warwick, upon

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receiving a request for the abandonment of a highway or driftway from an abutting property

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owner, may sell the highway or driftway to the abutting owner at fair market value.

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      (b) Provided, further, that nothing in this section shall apply to private ways regardless of

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their use or maintenance thereof by any municipal corporation.

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     SECTION 2. If any provision of this act, or the application thereof, to the town of

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Barrington, or to any person or circumstances, is deemed invalid for any reason, the remainder of

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this act, or the application of such provision to said town or other persons or circumstances, shall

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not be affected thereby and, to this end, the provisions of this act are declared to be severable.

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     SECTION 3. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO HIGHWAYS - ABANDONMENT BY TOWNS - BARRINGTON

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     This act would enable the town of Barrington to sell an abandoned highway or driftway

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to the abutting property owner at fair market value.

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     This act would take effect upon passage.

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