2018 -- S 2359 SUBSTITUTE A

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LC004496/SUB 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 -- MAINTENANCE OF PRIVATE EASEMENTS AND RIGHTS-

OF-WAY

     

     Introduced By: Senators Lombardi, McCaffrey, Lynch Prata, Ciccone, and
Archambault

     Date Introduced: February 15, 2018

     Referred To: Senate Environment & Agriculture

     It is enacted by the General Assembly as follows:

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     SECTION 1. Title 34 of the General Laws entitled "PROPERTY" is hereby amended by

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adding thereto the following chapter:

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CHAPTER 9.1

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MAINTENANCE OF PRIVATE EASEMENTS AND RIGHTS-OF-WAY

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     34-9.1-1. Definitions.

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     As used in this chapter:

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     (1) "Benefited property" or "property that benefits" means and includes residential real

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property enjoying the use of an easement or right-of-way;

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     (2) "Burdened property" means and includes residential real property over which the

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easement runs;

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     (3) "Easement" or "right-of-way" means a private appurtenant easement or right-of-way;

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and

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     (4) "Residential real property" means one to four (4) family residential real estate located

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in this state, but does not include property owned by the state or any political subdivision thereof.

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     34-9.1-2. Maintenance of private easement and rights-of-way.

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     (a) In the absence of a written agreement to the contrary, the owner of any residential real

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property that benefits from an easement or right-of-way, the purpose of which is to provide access

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to such residential real property, shall be responsible for the cost of maintaining such easement or

 

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right-of-way in good repair and the cost of repairing or restoring any damaged portion of such

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easement or right-of-way. Such maintenance shall include, but not be limited to, the removal of

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snow from such easement or right-of-way.

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     (b) In the absence of a written agreement, the cost of maintaining and repairing or

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restoring such easement or right-of-way shall be shared by each owner of a benefited property in

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proportion to the benefit received by each such property; provided, that the market value or

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assessed valuation of each such property shall not be taken into consideration in the calculation of

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benefit received.

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     (c) Notwithstanding the provisions of subsections (a) and (b) of this section, any owner of

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a benefited property and/or any owner of a burdened property who directly or indirectly damages

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any portion of the easement or right-of way shall be solely responsible for repairing or restoring

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the portion damaged by that owner.

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     (d) If any owner of a benefited or burdened property refuses to repair or restore a

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damaged portion of an easement or right-of-way in accordance with this section, or fails, after a

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demand in writing, to pay the owner's proportion of the cost of maintaining or repairing or

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restoring such easement or right-of-way in accordance with subsection (b) of this section, an

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action for specific performance or contribution may be brought in the superior court against such

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owner by other owners of benefited and/or burdened properties, either jointly or severally.

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     (e) In the event of any conflict between the provisions of this section and an agreement

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described in subsections (a) or (b) of this section, the terms of the agreement shall control.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO PROPERTY -- MAINTENANCE OF PRIVATE EASEMENTS AND RIGHTS-

OF-WAY

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     This act would require that the cost of maintaining an easement or right-of-way be the

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responsibility of the owner(s) of the property that the easement benefits.

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     This act would take effect upon passage.

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