2012 -- S 2224

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LC00795

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO PROPERTY -- CONSERVATION AND PRESERVATION RESTRICTIONS

ON REAL PROPERTY

     Introduced By: Senators Sosnowski, Nesselbush, Walaska, Bates, and P Fogarty

     Date Introduced: January 24, 2012

     Referred To: Senate Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 34-39-3 of the General Laws in Chapter 34-39 entitled

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"Conservation and Preservation Restrictions on Real Property" is hereby amended to read as

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follows:

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     34-39-3. Restrictions enforceable. -- (a) No conservation restriction held by any

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governmental body or by a charitable corporation, association, trust, or other entity whose

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purposes include conservation of land or water areas or of a particular area, and no preservation

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restriction held by any governmental body or by a charitable corporation, association, trust, or

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other entity whose purposes include preservation of structures or sites of historical significance or

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of a particular structure or site, shall be unenforceable against any owner of the restricted land or

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structure on account of lack of privity of estate or contract, or lack of benefit to particular land, or

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on account of the benefit being assignable or being assigned to any other governmental body or to

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any entity with like purposes, or on account of any other doctrine of property law which might

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cause the termination of the restriction such as, but not limited to, the doctrine of merger and tax

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delinquency.

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      (b) This section shall not be construed to imply that any restriction easement, covenant,

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or condition which is not covered hereunder shall, on account of any provisions hereof, be

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unenforceable.

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      (c) The restrictions shall not be subject to the thirty year limitation on restrictive

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covenants provided in section 34-4-21.

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      (d) The attorney general, pursuant to his or her inherent authority, may bring an action in

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the superior court to enforce the public interest in such restrictions.

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     (e) A court action affecting a conservation restriction held by a private land trust, as

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defined in paragraph 42-17.1-2(28)(ii), may only be brought or intervened in by:

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     (1) An owner of a property interest in the real property burdened by the conservation

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restriction;

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     (2) A holder of the conservation restriction;

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     (3) A person having a third-party right of enforcement stated in the recorded conservation

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restriction; or

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     (4) The attorney general as provided in subsection 34-39-3(d)

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     (e)(f) The court in any judicial proceeding, or the decision maker in any arbitration or

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other alternative dispute resolution proceeding, in addition to any other relief ordered, may award

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the prevailing party, reasonable attorneys' fees and costs incurred in the action or proceeding.

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     SECTION 2. This act shall take effect upon passage.

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LC00795

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO PROPERTY -- CONSERVATION AND PRESERVATION RESTRICTIONS

ON REAL PROPERTY

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     This act would specify who may bring or intervene in a court action affecting a

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conservation restriction held by a private law trust.

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     This act would take effect upon passage.

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LC00795

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