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| 4 | 4 | | |
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| 5 | 5 | | 2025 -- S 0970 |
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| 6 | 6 | | ======== |
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| 7 | 7 | | LC001922 |
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| 8 | 8 | | ======== |
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| 9 | 9 | | S T A T E O F R H O D E I S L A N D |
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| 10 | 10 | | IN GENERAL ASSEMBLY |
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| 11 | 11 | | JANUARY SESSION, A.D. 2025 |
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| 12 | 12 | | ____________ |
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| 13 | 13 | | |
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| 14 | 14 | | A N A C T |
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| 15 | 15 | | RELATING TO PROPERTY -- ESTATES IN REAL PROPERTY |
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| 16 | 16 | | Introduced By: Senators Murray, and Thompson |
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| 17 | 17 | | Date Introduced: April 16, 2025 |
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| 18 | 18 | | Referred To: Senate Commerce |
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| 19 | 19 | | |
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| 20 | 20 | | |
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| 21 | 21 | | It is enacted by the General Assembly as follows: |
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| 22 | 22 | | SECTION 1. Chapter 34-4 of the General Laws entitled "Estates in Real Property" is 1 |
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| 23 | 23 | | hereby amended by adding thereto the following section: 2 |
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| 24 | 24 | | 34-4-31. Prohibition of restrictive covenants related to grocery stores. 3 |
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| 25 | 25 | | (a) A covenant or restriction concerning the use of land designated as a retail establishment 4 |
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| 26 | 26 | | where fresh food is regularly and customarily sold in a bona fide manner for off-premises 5 |
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| 27 | 27 | | consumption including, but not limited to, grocery stores and supermarkets, shall be void and 6 |
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| 28 | 28 | | unenforceable, except under circumstances as set forth in subsection (b) of this section. 7 |
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| 29 | 29 | | (b) The prohibition in this section shall not apply to covenants or restrictions on concerning 8 |
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| 30 | 30 | | the use of land if all of the following conditions are met: 9 |
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| 31 | 31 | | (1) The land subject to restriction has been used by the seller within the six (6) months 10 |
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| 32 | 32 | | prior to the date of the agreement for the operation of a retail establishment for the sale of fresh 11 |
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| 33 | 33 | | food for off-premises consumption including, but not limited to, a grocery store or supermarket 12 |
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| 34 | 34 | | (hereafter known as the “discontinued site”); 13 |
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| 35 | 35 | | (2) The seller has identified and purchased land to be used for the operation of a new retail 14 |
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| 36 | 36 | | establishment for the sale of fresh food for off-premises consumption including, but not limited to, 15 |
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| 37 | 37 | | a grocery store or supermarket (hereafter known as the “relocated store”); 16 |
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| 38 | 38 | | (3) The relocated store is similar in size and scope of products sold when compared to the 17 |
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| 39 | 39 | | discontinued site; 18 |
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| 40 | 40 | | (4) The relocated store is located within one-half (1/2) mile of the discontinued site; 19 |
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| 41 | 41 | | |
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| 42 | 42 | | |
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| 43 | 43 | | LC001922 - Page 2 of 3 |
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| 44 | 44 | | (5) Relocation and commencement of operations of the relocated store at the new site 1 |
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| 45 | 45 | | occurs within one year following closure; and 2 |
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| 46 | 46 | | (6) The restrictive covenant imposed on the discontinued site does not have a term in excess 3 |
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| 47 | 47 | | of eighteen months from the date of closure. 4 |
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| 48 | 48 | | (c) The prohibitions set forth in this section do not apply to restrictive covenants or other 5 |
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| 49 | 49 | | agreements entered into prior to the effective date of this section. 6 |
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| 50 | 50 | | (d) If any portion of this section is found by a court of competent jurisdiction to be 7 |
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| 51 | 51 | | unlawful, such finding shall not affect any other portion of this section not specifically so found. 8 |
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| 52 | 52 | | SECTION 2. This act shall take effect upon passage. 9 |
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| 53 | 53 | | ======== |
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| 54 | 54 | | LC001922 |
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| 55 | 55 | | ======== |
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| 56 | 56 | | |
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| 57 | 57 | | |
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| 58 | 58 | | LC001922 - Page 3 of 3 |
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| 59 | 59 | | EXPLANATION |
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| 60 | 60 | | BY THE LEGISLATIVE COUNCIL |
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| 61 | 61 | | OF |
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| 62 | 62 | | A N A C T |
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| 63 | 63 | | RELATING TO PROPERTY -- ESTATES IN REAL PROPERTY |
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| 64 | 64 | | *** |
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| 65 | 65 | | This act would prohibit restrictive covenants related to grocery stores. 1 |
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| 66 | 66 | | This act would take effect upon passage. 2 |
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| 67 | 67 | | ======== |
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| 68 | 68 | | LC001922 |
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| 69 | 69 | | ======== |
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| 70 | 70 | | |
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