2018 -- H 7978 SUBSTITUTE A

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2018

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A N   A C T

RELATING TO PROPERTY -- BY POSSESSION AND PRESCRIPTION

     Introduced By: Representatives Handy, Carson, Fogarty, Donovan, and Knight

     Date Introduced: March 16, 2018

     Referred To: House Environment and Natural Resources

     (Attorney General)

It is enacted by the General Assembly as follows:

     SECTION 1. Legislative findings. The general assembly finds and declares that the intent

in enacting the 2018 amendments to § 34-7-4 ("right of footway denied") is not to change the

meaning or effect of the prior law but, instead, to make what was originally intended

unmistakably clear. Nothing in this act shall be construed to limit the public rights accrued under

the doctrine of the implied dedication.

     SECTION 2. Section 34-7-4 of the General Laws in Chapter 34-7 entitled "By Possession

and Prescription" is hereby amended to read as follows:

     34-7-4. Right of footway denied.

     No private right of footway, except claimed in connection with a right to pass with

carriages, shall be acquired by prescription or adverse use for any length of time.

     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 PROPERTY -- BY POSSESSION AND PRESCRIPTION

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     This act would clarify that § 34-7-4 ("right of footway denied") applies only to private

rights of footway.

     This act would take effect upon passage.

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