House Bill #7978 (2018)

AN ACT RELATING TO PROPERTY -- BY POSSESSION AND PRESCRIPTION

Clarifies that § 34-7-4 ("right of footway denied") applies only to private rights of footway.

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Changes since original draft

  • 2018 – H 7978
  • 2018 – H 7978 SUBSTITUTE A
  • ========
  • LC004306
  • LC004306/SUB A
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  • S TATE OF RHODE IS L AND
  • IN GENERAL ASSEMBLY
  • JANUARY SESSION, A.D. 2018
  • ____________
  • A N A C T
  • RELATING TO PROPERTY – BY POSSESSION AND PRESCRIPTION
  • Introduced By: Representatives Handy, Carson, Fogarty, Donovan, and Knight
  • Date Introduced: March 16, 2018
  • Referred To: House Environment and NaturalResources
  • (Attorney General)
  • It is enacted by the GeneralAssembly as follows:
  • SECTION 1. Legislative findings. The generalassembly finds and declares that the intent in enacting the 2018 amendments to § 34-7-4 ("right of footway denied") is not to change the meaning or effect of the prior law but, instead, to make what was originally intended unmistakably clear. Nothing in this act shall be construed to limit the public rights already accrued under the doctrine of the implied dedication.
  • SECTION 2. Section 34-7-4 of the GeneralLaws in Chapter 34-7 entitled "By Possession and Prescription" is hereby amended to read as follows:
  • 34-7-4. Right of footway denied.
  • No private right of footway, except claimed in connection with a right to pass with carriages, shall be acquired by prescription or adverse use for any length of time.
  • SECTION 3. This act shalltake effect upon passage.
  • S T A T E O F R H O D E I S L A N D
  • IN GENERAL ASSEMBLY
  • JANUARY SESSION, A.D. 2018
  • ____________
  • A N A C T
  • RELATING TO PROPERTY – BY POSSESSION AND PRESCRIPTION
  • Introduced By: Representatives Handy, Carson, Fogarty, Donovan, and Knight
  • Date Introduced: March 16, 2018
  • Referred To: House Environment and Natural Resources
  • (Attorney General)
  • It is enacted by the General Assembly as follows:
  • SECTION 1. Legislative findings. The general assembly finds and declares that the intent in enacting the 2018 amendments to § 34-7-4 ("right of footway denied") is not to change the meaning or effect of the prior law but, instead, to make what was originally intended unmistakably clear. Nothing in this act shall be construed to limit the public rights accrued under the doctrine of the implied dedication.
  • SECTION 2. Section 34-7-4 of the General Laws in Chapter 34-7 entitled "By Possession and Prescription" is hereby amended to read as follows:
  • 34-7-4. Right of footway denied.
  • No private right of footway, except claimed in connection with a right to pass with carriages, shall be acquired by prescription or adverse use for any length of time.
  • SECTION 3. This act shall take effect upon passage.
  • ========
  • LC004306
  • LC004306/SUB A
  • ========
  • EXPLANATION
  • BY THE LEGISLATIVE COUNCIL
  • BY THE LEGISLATIVE COUNCIL
  • OF
  • A N A C T
  • RELATING TO PROPERTY – BY POSSESSION AND PRESCRIPTION
  • A N A C T
  • RELATING TO PROPERTY – BY POSSESSION AND PRESCRIPTION
  • ***
  • This act would clarify that § 34-7-4 ("right of footway denied") applies only to private rights of footway.
  • This act would take effect upon passage. ======== LC004306 ========
  • LC004306 - Page 2of 2
  • This act would take effect upon passage. ======== LC004306/SUB A ========

Votes

NOTE: Electronic voting records are unofficial and may not be accurate. For an official vote tally, check the House or Senate Journal from the day of the vote.

Floor vote for PASSAGE

June 22, 2018 at 9:09pm
Yeas: 57 / Nays: 12 / Not voting: 6 / Recused: 0
Legislator Vote
Rep. Abney Y
Rep. Ackerman Y
Rep. Ajello Y
Rep. Almeida Y
Rep. Amore NV
Rep. Azzinaro NV
Rep. Barros Y
Rep. Bennett Y
Rep. Blazejewski Y
Rep. Canario Y
Rep. Carson Y
Rep. Casey Y
Rep. Casimiro Y
Rep. Chippendale N
Rep. Corvese Y
Rep. Costantino Y
Rep. Coughlin Y
Rep. Craven Y
Rep. Cunha Y
Rep. Diaz Y
Rep. Donovan Y
Rep. Edwards Y
Rep. Fellela Y
Rep. Filippi N
Rep. Fogarty Y
Rep. Giarrusso N
Rep. Handy Y
Rep. Hearn NV
Rep. Hull Y
Rep. Jacquard N
Rep. Johnston Y
Rep. Kazarian NV
Rep. Keable Y
Rep. Kennedy Y
Rep. Knight Y
Rep. Lancia N
Rep. Lima Y
Rep. Lombardi Y
Rep. Maldonado Y
Rep. Marshall Y
Rep. Marszalkowski N
Rep. Mattiello Y
Rep. McEntee Y
Rep. McKiernan Y
Rep. McLaughlin Y
Rep. McNamara Y
Rep. Mendonca N
Rep. Messier Y
Rep. Morgan N
Rep. Morin Y
Rep. Nardolillo Y
Rep. Newberry N
Rep. Nunes NV
Rep. O'Brien Y
Rep. O'Grady Y
Rep. Perez Y
Rep. Phillips Y
Rep. Price N
Rep. Quattrocchi N
Rep. Ranglin-Vassell Y
Rep. Regunberg NV
Rep. Roberts N
Rep. Ruggiero Y
Rep. Serpa Y
Rep. Shanley Y
Rep. Shekarchi Y
Rep. Slater Y
Rep. Solomon Y
Rep. Tanzi Y
Rep. Tobon Y
Rep. Ucci Y
Rep. Vella-Wilkinson Y
Rep. Walsh Y
Rep. Williams Y
Rep. Winfield Y