2014 -- S 2150

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LC003669

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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: Senator David E.Bates

     Date Introduced: January 29, 2014

     Referred To: Senate Housing & Municipal Government

     It is enacted by the General Assembly as follows:

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

By Towns" is hereby amended to read as follows:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

their use or maintenance thereof by any municipal corporation.

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

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

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

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

     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

to the abutting property owner at fair market value.

     This act would take effect upon passage.

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LC003669

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