S 2475

2026 -- S 2475 SUBSTITUTE A
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 LC004227/SUB A
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  STATE  OF        RHODE  ISLAND
  IN GENERAL ASSEMBLY
  JANUARY SESSION, A.D. 2026
  ____________
  AN ACT
 RELATING TO PROPERTY -- MAINTENANCE OF PRIVATE EASEMENTS AND RIGHTS-
  OF-WAY
  Introduced By: Senator Louis P. DiPalma
  Date Introduced: February 06, 2026
  Referred To: Senate Housing & Municipal Government
  (by request)
 It is enacted by the General Assembly as follows:
1SECTION 1. Section 34-9.1-2 of the General Laws in Chapter 34-9.1 entitled
2 "Maintenance of Private Easements and Rights-Of-Way" is hereby amended to read as follows:
334-9.1-2. Maintenance of private easement and rights-of-way.
4(a) In the absence of an enforceable, written agreement to the contrary, the owner of any
5 residential real property that benefits from an easement or right-of-way, the purpose of which is to
6 provide access to the residential real property, shall be responsible for the cost of maintaining the
7 easement or right-of-way in good repair and the cost of repairing or restoring any damaged portion
8 of the easement or right-of-way. The maintenance shall include, but not be limited to, the removal
9 of snow from the easement or right-of-way.
10(b) In the absence of an enforceable, written agreement, the cost of maintaining and
11 repairing or restoring the easement or right-of-way shall be shared by each owner of a benefited
12 property in proportion to the benefit received by each property; provided, that the market value or
13 assessed valuation of each such property shall not be taken into consideration in the calculation of
14 benefit received.
15(c) Notwithstanding the provisions of subsections (a) and (b) of this section, any owner of
16 a benefited property or any owner of a burdened property who directly or indirectly damages any
17 portion of the easement or right-of way shall be solely responsible for repairing or restoring the
18 portion damaged by that owner.
1(d) If any owner of a benefited or burdened property refuses to repair or restore a damaged
2 portion of an easement or right-of-way in accordance with this section, or fails, after a demand in
3 writing, to pay the owner’s proportion of the cost of maintaining or repairing or restoring the
4 easement or right-of-way in accordance with subsection (b), an action for specific performance or
5 contribution may be brought in the superior court against the owner by other owners of benefited
6 or burdened properties, either jointly or severally.
7(e) In the event of any conflict between the provisions of this section and an agreement
8 described in subsections (a) or (b) of this section, the terms of the agreement shall control.
9SECTION 2. This act shall take effect upon passage.
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  EXPLANATION
  BY THE LEGISLATIVE COUNCIL
  OF
  AN ACT
RELATING TO PROPERTY -- MAINTENANCE OF PRIVATE EASEMENTS AND RIGHTS-
  OF-WAY
  ***
1This act would repeal provisions providing that the market value or assessed valuation of
2 a property that benefits from an easement or right-of-way would not be taken into consideration in
3 calculating the benefit received by each property.
4This act would take effect upon passage.
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