| 1 | 1 | | |
|---|
| 2 | 2 | | |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | 2023 -- H 5914 |
|---|
| 6 | 6 | | ======== |
|---|
| 7 | 7 | | LC001534 |
|---|
| 8 | 8 | | ======== |
|---|
| 9 | 9 | | S TATE OF RHODE IS LAND |
|---|
| 10 | 10 | | IN GENERAL ASSEMBLY |
|---|
| 11 | 11 | | JANUARY SESSION, A.D. 2023 |
|---|
| 12 | 12 | | ____________ |
|---|
| 13 | 13 | | |
|---|
| 14 | 14 | | A N A C T |
|---|
| 15 | 15 | | RELATING TO PROPERTY -- CONSERVATION AND PRESERVATION RESTRICTIONS |
|---|
| 16 | 16 | | ON REAL PROPERTY |
|---|
| 17 | 17 | | Introduced By: Representatives Craven, and Caldwell |
|---|
| 18 | 18 | | Date Introduced: March 01, 2023 |
|---|
| 19 | 19 | | Referred To: House Judiciary |
|---|
| 20 | 20 | | |
|---|
| 21 | 21 | | |
|---|
| 22 | 22 | | It is enacted by the General Assembly as follows: |
|---|
| 23 | 23 | | SECTION 1. Section 34-39-3 of the General Laws in Chapter 34-39 entitled "Conservation 1 |
|---|
| 24 | 24 | | and Preservation Restrictions on Real Property" is hereby amended to read as follows: 2 |
|---|
| 25 | 25 | | 34-39-3. Restrictions enforceable. 3 |
|---|
| 26 | 26 | | (a) No conservation restriction held by any governmental body or by a charitable 4 |
|---|
| 27 | 27 | | corporation, association, trust, or other entity whose purposes include conservation of land or water 5 |
|---|
| 28 | 28 | | areas or of a particular area, and no preservation restriction held by any governmental body or by 6 |
|---|
| 29 | 29 | | a charitable corporation, association, trust, or other entity whose purposes include preservation of 7 |
|---|
| 30 | 30 | | structures or sites of historical significance or of a particular structure or site, shall be unenforceable 8 |
|---|
| 31 | 31 | | against any owner of the restricted land or structure on account of lack of privity of estate or 9 |
|---|
| 32 | 32 | | contract, or lack of benefit to particular land, or on account of the benefit being assignable or being 10 |
|---|
| 33 | 33 | | assigned to any other governmental body or to any entity with like purposes, or on account of any 11 |
|---|
| 34 | 34 | | other doctrine of property law which might cause the termination of the restriction such as, but not 12 |
|---|
| 35 | 35 | | limited to, the doctrine of merger and tax delinquency. Conservation or preservation restrictions 13 |
|---|
| 36 | 36 | | shall be liberally interpreted in favor of the grants awarded to effect the purposes of those easements 14 |
|---|
| 37 | 37 | | and the policies and purpose of this chapter. 15 |
|---|
| 38 | 38 | | (b) This section shall not be construed to imply that any restriction easement, covenant, or 16 |
|---|
| 39 | 39 | | condition which is not covered hereunder shall, on account of any provisions hereof, be 17 |
|---|
| 40 | 40 | | unenforceable. 18 |
|---|
| 41 | 41 | | |
|---|
| 42 | 42 | | |
|---|
| 43 | 43 | | LC001534 - Page 2 of 3 |
|---|
| 44 | 44 | | (c) The restrictions shall not be subject to the thirty year limitation on restrictive covenants 1 |
|---|
| 45 | 45 | | provided in § 34-4-21. 2 |
|---|
| 46 | 46 | | (d) The attorney general, pursuant to his or her inherent authority, may bring an action in 3 |
|---|
| 47 | 47 | | the superior court to enforce the public interest in such restrictions. 4 |
|---|
| 48 | 48 | | (e) The court in any judicial proceeding, or the decision maker in any arbitration or other 5 |
|---|
| 49 | 49 | | alternative dispute resolution proceeding, in addition to any other relief ordered, may award the 6 |
|---|
| 50 | 50 | | prevailing party, reasonable attorney’s fees and costs incurred in the action or proceeding. 7 |
|---|
| 51 | 51 | | (f) A court action affecting a conservation restriction held by a private land trust, as defined 8 |
|---|
| 52 | 52 | | in § 42-17.1-2(28)(ii), may only be brought or intervened in by: 9 |
|---|
| 53 | 53 | | (1) An owner of property interest in the real property burdened by the conservation 10 |
|---|
| 54 | 54 | | restriction; 11 |
|---|
| 55 | 55 | | (2) A holder of the conservation restriction; 12 |
|---|
| 56 | 56 | | (3) A person having a third-party right of enforcement stated in the recorded conservation 13 |
|---|
| 57 | 57 | | restriction; or 14 |
|---|
| 58 | 58 | | (4) The attorney general as provided in subsection (d) of this section. 15 |
|---|
| 59 | 59 | | SECTION 2. This act shall take effect upon passage. 16 |
|---|
| 60 | 60 | | ======== |
|---|
| 61 | 61 | | LC001534 |
|---|
| 62 | 62 | | ======== |
|---|
| 63 | 63 | | |
|---|
| 64 | 64 | | |
|---|
| 65 | 65 | | LC001534 - Page 3 of 3 |
|---|
| 66 | 66 | | EXPLANATION |
|---|
| 67 | 67 | | BY THE LEGISLATIVE COUNCIL |
|---|
| 68 | 68 | | OF |
|---|
| 69 | 69 | | A N A C T |
|---|
| 70 | 70 | | RELATING TO PROPERTY -- CONSERVATION AND PRE SERVATION RESTRICTIONS |
|---|
| 71 | 71 | | ON REAL PROPERTY |
|---|
| 72 | 72 | | *** |
|---|
| 73 | 73 | | This act would require conservation and preservation restrictions to be liberally interpreted 1 |
|---|
| 74 | 74 | | in favor of the grants awarded. 2 |
|---|
| 75 | 75 | | This act would take effect upon passage. 3 |
|---|
| 76 | 76 | | ======== |
|---|
| 77 | 77 | | LC001534 |
|---|
| 78 | 78 | | ======== |
|---|