2014 – H 7231
Enacted 05/27/14
A N A C T
RELATING TO HIGHWAYS - ABANDONMENT BY TOWNS - BARRINGTON
Introduced By: Representatives Hearn, and Malik
Date Introduced: January 29, 2014
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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LC003668
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