2023 -- H 5596

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LC001623

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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A N   A C T

RELATING TO HIGHWAYS -- ABANDONMENT BY TOWNS

     Introduced By: Representatives Voas, Potter, Diaz, Alzate, Solomon, and Giraldo

     Date Introduced: February 15, 2023

     Referred To: House Municipal Government & Housing

     (Dept. of Business Regulation)

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 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 that has been abandoned who is known to reside within this state.

Nothing 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 that would be in compliance with the

minimum-area requirement for construction of a building 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; and provided, further, that the town of Middletown, 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

Cumberland, upon receiving a request for 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.

     (c) All abandonments must be recorded in land evidence records by the petitioner(s) in the

applicable municipality through the filing of an administrative subdivision in accordance with

chapter 23 of title 45. The newly created boundary lines shall be certified to a Class 1 measurement

specification pursuant to the rules and regulations promulgated by the Rhode Island board of

registration for professional land surveyors in accordance with chapter 8.1 of title 5.

     SECTION 2. 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

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     This act would provide that road abandonments by municipalities be properly recorded in

land evidence records.

     This act would take effect upon passage.

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