RELATING TO PUBLIC PROPERTY AND WORKS -- ACQUISITION OF LAND
Impact
If enacted, H7776 would allow cities and towns, alongside state agencies, to designate certain unimproved roads or paths as special ways, restricting activities such as widening, paving, or any significant development that would alter their character. This regulation aligns with the zoning ordinances and comprehensive planning efforts, ensuring that local governments can impose restrictions aimed at preserving cultural heritage. As such, it influences how land-use decisions are made at the local level, empowering municipalities to maintain significant paths while balancing development needs.
Summary
House Bill 7776 proposes amendments to Chapter 37-6 of the General Laws, focused on public property and works, specifically the acquisition of land. The bill introduces the concept of 'special ways,' which are defined as unimproved roads or paths historically used for non-motorized travel. The primary intent is to preserve these special ways in their natural condition, thus maintaining their scenic, historic, or cultural significance. This initiative highlights a commitment to protecting the state’s natural and historic landscapes while regulating urban development.
Contention
The bill also addresses the procedure for abandoning public highways or driftways by mandating a vote on whether to preserve public easements before any highway can be deemed abandoned. This provision has sparked discussions about balancing public access rights against the potential need for land development. While proponents of the bill argue for the importance of historical and scenic preservation, critics may contend that such restrictions could hinder necessary infrastructure improvements or local development projects.
Notable_points
There is an evident emphasis on community involvement, as ordinances for designating special ways must be adopted after a public hearing. This ensures that local voices are heard in the decision-making process. Proponents may highlight this as a crucial step towards local governance and control over land use, while opponents might express concerns about the complexities and potential bureaucratic obstacles that may arise from having additional layers of regulation.
Caps the minimum lot size that may be required to not exceed three (3) new separate parameters relating to the availability of public water, sewer, and transit.
Changes the definition of owner to exclude the state and municipalities for the purposes of liability limitations relating to public use of private lands.
Provides that comprehensive permit projects in Tiverton, involving property not connected to either public water or sewer or both, and for which the property is considered hydric said land be excluded from the building land calculation.
Provides that comprehensive permit projects in Tiverton, involving property not connected to either public water or sewer or both, and for which the property is considered hydric said land be excluded from the building land calculation.
Adds the property of the Pokanoket Management Group, Trustee of the Pokanoket Tribe Land Trust, to the list of property designated for appropriations in lieu of municipal property tax, would concurrently exempt such property from municipal property tax.
Adds the property of the Pokanoket Management Group, Trustee of the Pokanoket Tribe Land Trust, to the list of property designated for appropriations in lieu of municipal property tax, would concurrently exempt such property from municipal property tax.
Defines squatter as a person occupying a dwelling unit who is not authorized by the property owner, landlord or tenant to occupy the unit and provides remedies for property owner including police assistance to remove a squatter.
Defines squatter as a person occupying a dwelling unit who is not authorized by the property owner, landlord or tenant to occupy the unit and provides remedies for property owner including police assistance to remove a squatter.