Repeals the provisions of § 34-7-4 regarding rights of footway being acquired by adverse possession.
Impact
The repeal of the footway possession provision is expected to have far-reaching impacts on property rights within the state. By allowing for adverse possession claims on footways, individuals who consistently use a path, for instance, could formalize their right to do so. This aligns with a broader trend in property law that seeks to recognize the practical usage of land rather than strictly adhering to formal ownership titles. There is a potential for litigation to emerge from disputes over the new rights granted under this bill, particularly in areas where property boundaries are contested.
Summary
Bill S2135 proposes a significant change to property law in Rhode Island by repealing the provisions of § 34-7-4, which currently denies the acquisition of a right of footway through adverse possession. This change would allow individuals to gain a legal right to footways—even without consent or formal agreement from the landowners—if they can demonstrate continuous and open use of those pathways over time. The bill, introduced by Senators Gu, LaMountain, DiMario, McKenney, Burke, Bissaillon, and Quezada, could potentially benefit various property owners and users who have been relying on footways that were previously not legally recognized under state law.
Contention
Notably, while this bill may appear to strengthen rights for some users, it also raises concerns among property owners. Critics could argue that repealing this provision may infringe on the rights of landowners, who may lose control over their property if multiple users can claim rights based on adverse possession. The balancing act between communal use of land and private property rights is central to the discussions surrounding S2135. Legislators may face pressures from both sides as they consider the implications of this kind of property law change.
Denies the right of footway, except within one hundred (100) yards of the Pawtuxet River in the cities of Warwick and Cranston and excepts in connection with a right to pass with carriages, to be acquired by prescription or adverse use.
Requires sentencing court to consider whether defendant is parent of child, or caregiver of elderly, disabled or terminally ill person whose well-being would be adversely affected by the person's incarceration and if so, shall impose a non-jail sentence.
Amends §§ 14-1-3 and 14-5-8, relating to possession of marijuana and proceedings in family court ensuring that children under 17 years of age in possession of less than 2 oz of marijuana are subject to the jurisdiction of the family court.
Amends §§ 14-1-3 and 14-5-8, relating to possession of marijuana and proceedings in family court ensuring that children under 17 years of age in possession of less than 2 oz of marijuana are subject to the jurisdiction of the family court.
Prohibits sale and possession of assault weapons, as defined and would provide certain exemptions to include law enforcement officers and those individuals legally in possession of any such firearm at the time of passage of this act.
Amends the statute so as to conform to current statutory penalties for possession of marijuana offenses promulgated in the Rhode Island cannabis act allowing for possession of up to two ounces (2 oz.) of marijuana.