Rhode Island 2023 Regular Session

Rhode Island House Bill H5596

Introduced
2/15/23  
Refer
2/15/23  
Report Pass
4/19/23  
Engrossed
4/25/23  
Refer
5/15/23  
Report Pass
5/30/23  
Enrolled
6/8/23  

Caption

Abandonment By Towns

Impact

This change aims to streamline the abandonment process by ensuring that all actions by town councils are recorded and made available to property owners and the public. This could potentially simplify the legal landscape for municipalities facing unutilized roads and pathways, while also protecting the rights of property owners adjacent to such roads. The move is seen as a means to enhance local governance over land use, allowing towns more control over land that may no longer serve a public function.

Summary

House Bill 5596, introduced in the Rhode Island General Assembly, addresses the procedures surrounding the abandonment of highways and driftways by municipalities. The bill grants town councils the authority to declare a highway or driftway as no longer useful to the public, leading to a reversion of title of that land to the original property owner. To formalize this process, the bill requires that such abandonments be properly documented in land evidence records, ensuring transparency and legal adherence in the abandonment of public lands.

Contention

However, the bill has also raised concerns among some members of the public and local governments. Critics argue that while the bill provides needed clarity and authority, it could lead to conflicts regarding property rights, especially in cases where the abandoned land is disputed. Additionally, ensuring that adequate notice is provided to neighboring landowners is crucial, as the lack of such communication can create hardships for those who might be affected by the abandonment.

Additional_information

Overall, the passage of HB 5596 represents a significant policy step in managing local resources and land utilization. It reflects a broader trend of delegating authority to municipal governments while simultaneously emphasizing the importance of legislative oversight in maintaining property rights amid changing urban landscapes.

Companion Bills

No companion bills found.

Previously Filed As

RI S0349

Allows for a qualified abandonment of public town roads which grants a public easement over said road allowing it to be converted to walking, biking, and hiking trails and access to parks, nature preserves and other recreational facilities.

RI H5960

Allows for a qualified abandonment of public town roads which grants a public easement over said road allowing it to be converted to walking, biking, and hiking trails and access to parks, nature preserves and other recreational facilities.

RI H7776

Provides that cities or towns may, by ordinance, designate "special ways" throughout the city or town which would be subject to alternative regulations to preserve its cultural, historic or scenic character.

RI S2704

Provides that cities or towns may, by ordinance, designate "special ways" throughout the city or town which would be subject to alternative regulations to preserve its cultural, historic or scenic character.

RI SB157

Determination of Town Abandonment

RI SB1131

Abandonment of highways and roads; consideration of alternative use.

RI HB2850

mobile homes; abandonment procedures

RI SB321

Abandonment of highway; section of the secondary state highway system, local authority.

RI AB249

Prohibiting abandonment of a boat and providing a penalty.

RI SB250

Prohibiting abandonment of a boat and providing a penalty.

Similar Bills

RI S2704

Provides that cities or towns may, by ordinance, designate "special ways" throughout the city or town which would be subject to alternative regulations to preserve its cultural, historic or scenic character.

RI H7776

Provides that cities or towns may, by ordinance, designate "special ways" throughout the city or town which would be subject to alternative regulations to preserve its cultural, historic or scenic character.

MA H4657

Authorizing the town of Scituate to issue four additional licenses for the sale of all alcoholic beverages to be drunk on the premises

RI H5960

Allows for a qualified abandonment of public town roads which grants a public easement over said road allowing it to be converted to walking, biking, and hiking trails and access to parks, nature preserves and other recreational facilities.

RI S0349

Allows for a qualified abandonment of public town roads which grants a public easement over said road allowing it to be converted to walking, biking, and hiking trails and access to parks, nature preserves and other recreational facilities.