2025 -- H 5902
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LC001914
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S T A T E O F R H O D E I S L A N D
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2025
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A N A C T
RELATING TO PROPERTY -- ESTATES IN REAL PROPERTY
Introduced By: Representatives Ajello, Cotter, Tanzi, Alzate, Corvese, Potter, Shallcross
Smith, McGaw, and Boylan
Date Introduced: February 28, 2025
Referred To: House Judiciary
(Lieutenant Governor)
It is enacted by the General Assembly as follows:
SECTION 1. Chapter 34-4 of the General Laws entitled "Estates in Real Property" is 1
hereby amended by adding thereto the following section: 2
34-4-31. Prohibition of restrictive covenants related to grocery stores. 3
(a) A covenant or restriction concerning the use of land designated as a retail establishment 4
where fresh food is regularly and customarily sold in a bona fide manner for off-premises 5
consumption including, but not limited to, grocery stores and supermarkets, shall be void and 6
unenforceable, except under circumstances as set forth in subsection (b) of this section. 7
(b) The prohibition in this section shall not apply to covenants or restrictions on concerning 8
the use of land if all of the following conditions are met: 9
(1) The land subject to restriction has been used by the seller within the six (6) months 10
prior to the date of the agreement for the operation of a retail establishment for the sale of fresh 11
food for off-premises consumption including, but not limited to, a grocery store or supermarket 12
(hereafter known as the “discontinued site”); 13
(2) The seller has identified and purchased land to be used for the operation of a new retail 14
establishment for the sale of fresh food for off-premises consumption including, but not limited to, 15
a grocery store or supermarket (hereafter known as the “relocated store”); 16
(3) The relocated store is similar in size and scope of products sold when compared to the 17
discontinued site; 18
(4) The relocated store is located within one-half (1/2) mile of the discontinued site; 19
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(5) Relocation and commencement of operations of the relocated store at the new site 1
occurs within one year following closure; and 2
(6) The restrictive covenant imposed on the discontinued site does not have a term in excess 3
of eighteen months from the date of closure. 4
(c) The prohibitions set forth in this section do not apply to restrictive covenants or other 5
agreements entered into prior to the effective date of this section. 6
(d) If any portion of this section is found by a court of competent jurisdiction to be 7
unlawful, such finding shall not affect any other portion of this section not specifically so found. 8
SECTION 2. This act shall take effect upon passage. 9
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO PROPERTY -- ESTATES IN REAL PROPERTY
***
This act would prohibit restrictive covenants related to grocery stores. 1
This act would take effect upon passage. 2
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LC001914
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