Bill Sponsors
Gu, LaMountain, DiMario, McKenney, Burke, Bissaillon, and Quezada
Committee
Senate Judiciary
Summary
Select
This legislation repeals a specific section of Rhode Island property law that previously prevented people from claiming a legal right to walk across private land (a "right of footway") based solely on long-term use. Under the old law, a person could not establish a permanent walking path easement through "adverse use" unless they also had the right to drive vehicles (carriages) on that path. By removing this restriction, the bill makes it possible for individuals or the public to gain legal access to walking paths across private property if they have used them continuously for the required statutory period.
Sponsor
Analysis
Pros for Progressives
- Expands public access to land and resources, particularly in coastal areas where historical footpaths to the shoreline have been blocked by private landowners.
- Empowers local communities to protect and formalize historical walking paths that have been used for generations, preventing them from being erased by private development.
- Promotes a shared concept of land use that prioritizes the welfare and movement of the community over the exclusionary rights of individual property owners.
Cons for Progressives
- Could lead to costly legal battles for lower-income homeowners who may not have the resources to defend their property titles against claims of prescriptive easements.
- May inadvertently encourage trespassing and conflict between neighbors as individuals attempt to establish the necessary usage history to claim a right of way.
- Lacks specific provisions for the maintenance and environmental stewardship of these newly recognized footways, potentially leading to degradation of the land.
Pros for Conservatives
- Aligns state statutes with broader common law principles regarding adverse possession, removing an arbitrary government restriction related to "carriages" that is outdated.
- Encourages personal responsibility among landowners to actively monitor, manage, and secure their property boundaries against unauthorized use.
- Reduces statutory interference in civil disputes, allowing the courts to settle property rights matters based on established legal precedents rather than legislative prohibitions.
Cons for Conservatives
- Significantly erodes private property rights by allowing non-owners to gain legal interests in land simply by trespassing on it for a period of time.
- Places an undue burden and potential liability on property owners to constantly police their land to prevent the public from seizing a right of way.
- Disrespects the rule of law regarding ownership by effectively legalizing theft of usage rights, potentially devaluing real estate investments without compensation.
Constitutional Concerns
None Likely
Impact Overview
Groups Affected
- Property Owners
- Hikers and Walkers
- Shoreline Access Advocates
- Real Estate Developers
- Land Surveyors
Towns Affected
All
Cost to Taxpayers
None
Revenue Generated
None
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Bill Status
Current Status
Held
Comm Passed
Floor Passed
Law
History
• 01/16/2026 Introduced, referred to Senate Judiciary
Bill Text
SECTION 1. Section 34-7-4 of the General Laws in Chapter 34-7 entitled "By Possession and Prescription" is hereby repealed.
34-7-4. Right of footway denied.
No 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 2. This act shall take effect upon passage.
SECTION 2. This act shall take effect upon passage.