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S2704A
2026 -- S 2704 SUBSTITUTE A
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LC005503/SUB A
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STATE OF RHODE ISLAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2026
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A N A C T
RELATING TO PUBLIC PROPERTY AND WORKS -- ACQUISITION OF LAND
Introduced By:
Senators Gu, Bissaillon, McKenney, Murray, Burke, Mack, DiMario, and
Kallman
Date Introduced:
February 27, 2026
Referred To:
Senate Housing & Municipal Government
It is enacted by the General Assembly as follows:
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SECTION 1. Chapter 37-6 of the General Laws entitled "Acquisition of Land" is hereby
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amended by adding thereto the following section:
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37-6-31. Designation as a special way.
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(a) For purposes of this section, the following terms shall be defined as follows:
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(1) "Special way" means an unimproved road or path, historically used for pedestrian or
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horse-drawn vehicle travel, characterized by a narrow width, natural or dirt surface, limited
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vehicular access, and recognized for its scenic, historic, or cultural significance.
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(b) A municipality may, by ordinance or regulation adopted after public hearing and by
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majority vote of the city or town council, designate one or more special ways for the protection of
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historic, scenic, recreational, or conservation corridors including, but not limited to, old roads, cart
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paths, trails, or ways; provided that, a municipality may not designate special ways on state
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property.
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(c) An ordinance or regulation adopted pursuant to this section may regulate, consistent
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with chapter 24 of title 45 ("zoning ordinances") and chapter 22.2 of title 45 ("Rhode Island
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comprehensive planning and land use act"), the use of the special way including, but not limited to,
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reasonable limitations on the following activities related to the special way:
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(1) Widening and grading, except for the purpose of improving recreational access;
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(2) Paving;
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(3) Obstruction;
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(4) Vegetation removal except for ordinary maintenance or for the purpose of improving
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recreational access;
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(5) Conversion to full vehicular roadway use; and
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(6) Interference with public access where public access rights lawfully exist, including, but
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not limited to misleading signage.
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(d) A participating entity may define the boundaries of a special way to include the traveled
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way and adjacent land, including an area extending up to twenty feet (20') on either side of the
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centerline, as reasonably necessary to effectuate the purposes of the ordinance or regulation.
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(e) An ordinance or regulation may provide that residential, recreational, agricultural, or
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open-space uses otherwise permitted in the underlying zoning district shall be allowed within a
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special way and remains subject to applicable state law, including recreational use liability
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protections.
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(f) An ordinance or regulation issued pursuant to this section shall allow continuation of
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preexisting vehicular use of a special way.
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(g) Designation of a special way shall not be construed to:
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(1) Determine or adjudicate ownership of land or public or private rights-of-way;
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(2) Grant, extinguish, diminish, or expand any easement or property interest;
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(3) Constitute acceptance, layout, or discontinuance of a highway or town way; or
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(4) Authorize a municipality or state agency to compel public access where none otherwise
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exists.
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(h) An ordinance or regulation shall provide that development or use within a special way
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shall not block or prevent non-motorized travel, including walking, bicycling, or horseback riding
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where public access rights lawfully exist, and such usage remains subject to applicable state law,
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including recreational use liability protections.
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(i) An ordinance or regulation may prohibit or limit alteration of the width or surface
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materials of a special way and may prohibit paving with impervious materials including, but not
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limited to, bituminous concrete or asphalt, except where necessary for crossings, safety
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improvements, or routine maintenance consistent with the purposes of designation.
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(j) An ordinance or regulation may regulate or prohibit vegetation removal, relocation or
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alteration of stone walls, and the placement or construction of fences, walls structures, excavation,
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fill or other obstructions within a special way and may require special permits for such activities,
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except for routine maintenance or for the purpose of improving recreational access or lawful
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preexisting nonconforming features, which may be maintained but not expanded.
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(k) A municipality may revert a special way designation in the same form and procedure
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provided for in subsection (c) of this section.
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SECTION 2. Section 24-6-1 of the General Laws in Chapter 24-6 entitled "Abandonment
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by Towns" is hereby amended to read as follows:
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24-6-1. Order of abandonment — Reversion of title — Notice.
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(a) Whenever, by the judgment of the town council of any town, a highway or driftway in
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the town, or any part of either, has ceased to be useful to the public, the town council of the town
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is authorized so to declare it by an order or decree that shall be final and conclusive; and, thereupon,
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the title of the land upon which the highway or driftway or part thereof existed shall revert to its
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owner and the town shall be no longer liable to repair the highway or driftway; provided, however,
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that the town council shall cause a sign to be placed at each end of the highway or driftway, having
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thereon the words “Not a public highway,” and after the entry of the order or decree, shall also
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cause a notice thereof to be published in a newspaper of general circulation, printed in English, at
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least once each week for three (3) successive weeks in a newspaper circulated within the city or
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town and a further and personal notice shall be served upon every owner of land abutting upon that
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part of the highway or driftway that has been abandoned who is known to reside within this state.
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Nothing contained in this chapter shall, in any manner, affect any private right-of-way over the land
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so adjudged to be useless as a highway or driftway if the right had been acquired before the taking
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of the land for a highway or driftway. Provided, however, that the town of Coventry and any
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community with a population of not less than one hundred thousand (100,000), receiving a request
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for the abandonment of a highway or driftway from an abutting property owner, may sell the
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highway or driftway to the abutting owner at fair market value; and provided, further, that the town
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of North Providence, upon receiving a request for the abandonment of a highway or driftway from
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an abutting property owner may sell the highway or driftway to the abutting owner, at fair market
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value; and provided further, that the town of New Shoreham, upon receiving a request for the
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abandonment of a highway or driftway from an abutting property owner, may sell the highway or
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driftway to the abutting owner at fair market value; and provided, further, that the town of
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Barrington, upon receiving a request for the abandonment of a highway or driftway from an
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abutting property owner, may sell the highway or driftway to the abutting owner at fair market
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value; and provided, further, that the city of Cranston, upon receipt of a request for abandonment
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of a highway or driftway within the city of Cranston, where the sale of the highway or driftway to
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an abutting owner would result in the creation of a new lot that would be in compliance with the
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minimum-area requirement for construction of a building that is a permitted use, may sell the
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highway or driftway to the abutting owner at fair market value; and provided, further, that the city
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of Warwick, upon receiving a request for the abandonment of a highway or driftway from an
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abutting property owner, may sell the highway or driftway to the abutting owner at fair market
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value; and provided, further, that the town of Middletown, upon receiving a request for the
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abandonment of a highway or driftway from an abutting property owner, may sell the highway or
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driftway to the abutting owner at fair market value; and provided, further, that the town of
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Cumberland, upon receiving a request for abandonment of a highway or driftway from an abutting
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property owner, may sell the highway or driftway to the abutting owner at fair market value; and
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provided, further, that the town of Narragansett, upon receiving a request for the abandonment of
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a highway or driftway from an abutting property owner, may sell the highway or driftway to the
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abutting owner at fair market value.
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(1) Provided that, no highway or driftway that provides public access to tidal, coastal, or
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inland waters of the state, including the Narragansett Bay and its tributaries, shall be abandoned by
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a municipality unless the municipality holds a public hearing and makes written findings of fact
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establishing that the abandonment is necessitated by documented coastal hazard conditions,
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including sea level rise, storm surge, erosion, or chronic flooding, rendering the highway or
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driftway in whole or in part useless.
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(b) Provided, further, that nothing in this section shall apply to private ways regardless of
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their use or maintenance thereof by any municipal corporation.
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(c) All abandonments must be recorded in land evidence records by the petitioner(s) in the
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applicable municipality through the filing of an administrative subdivision in accordance with
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chapter 23 of title 45. The newly created boundary lines shall be certified to a Class 1 measurement
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specification pursuant to the rules and regulations promulgated by the Rhode Island board of
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registration for professional land surveyors in accordance with chapter 8.1 of title 5.
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SECTION 3. This act shall take effect upon passage.
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO PUBLIC PROPERTY AND WORKS -- ACQUISITION OF LAND
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This act would provide a system for cities, towns and state agencies to designate certain
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roads, paths and trails as special ways subject to restrictions on paving, widening and clearing.
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Further, this act would provide that prior to a highway being determined abandoned by a city or
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town council, a vote must be taken on whether to preserve a public easement.
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This act would take effect upon passage.
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