Rhode Island 2023 Regular Session

Rhode Island Senate Bill S0418

Introduced
2/16/23  
Refer
2/16/23  
Report Pass
4/27/23  
Engrossed
5/9/23  
Enrolled
5/16/23  

Caption

Conservation And Preservation Restrictions On Real Property

Impact

If passed, the provisions included within S0418 would significantly strengthen the legal framework governing how conservation restrictions are interpreted and enforced in Rhode Island. By removing limitations such as the thirty-year restriction on certain covenants, local governments and conservation organizations will have increased ability to protect lands and structures of environmental or historical significance for an indefinite timeframe. This legislative change is designed to alleviate concerns over property rights and potential lapses in conservation policies, providing a more robust tool for environmental stewardship.

Summary

Bill S0418, titled 'Conservation and Preservation Restrictions on Real Property', aims to enhance the enforceability of conservation and preservation restrictions within Rhode Island. Introduced on February 16, 2023, by Senators DiPalma and others, the bill amends existing laws to ensure that conservation easements are resilient against criteria that might typically hinder their enforcement. Specifically, it seeks to clarify provisions related to the relationships between property owners and the holders of these restrictions, bolstering their legal standing and practical application without being constrained by common legal doctrines that could lead to lapse or unenforceability.

Contention

During discussions about S0418, opponents raised concerns about the potential overreach of government in private property affairs and the implications of enforcing stringent conservation easements on landowners. Critics argue that while the intent is to protect public land and historical sites, the proposed bill may inadvertently restrict the ability of property owners to modify or develop their properties as they see fit. Proponents, however, emphasized the necessity of ensuring long-term conservation efforts and the enhancement of public interest protections, highlighting that conservation easements are vital for sustainable land management and ecological preservation.

Companion Bills

No companion bills found.

Previously Filed As

RI H5914

Conservation And Preservation Restrictions On Real Property

RI H7455

Conservation And Preservation Restrictions On Real Property

RI S2400

Conservation And Preservation Restrictions On Real Property

RI HB05117

An Act Concerning Conservation And Preservation Restrictions Held By The State.

RI SB220

'Georgia Farmland Conservation Act'; historic preservation

RI SB1122

Open-Space Lands Preservation Trust Fund; use of funds, conservation easements.

RI HB1605

REAL PROP CONSERVATION RIGHTS

RI S0028

Exempts from property taxation, the real and tangible personal property of the Providence Preservation Society.

RI H5369

Exempts from property taxation, the real and tangible personal property of the Providence Preservation Society.

RI SB2980

Relating To Historic And Cultural Preservation.

Similar Bills

CA AB721

Covenants and restrictions: affordable housing.

CA AB2516

Dams: reservoir restrictions.

IL HB1575

RESTRICT COVENANT MODIFY FEE

HI SB104

Relating To Corrections.

TX HB2274

Relating to the extension or amendment of deed restrictions in certain older subdivisions.

TX HB1558

Relating to the extension or amendment of deed restrictions in certain older subdivisions.