2018 -- H 7383 SUBSTITUTE A

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LC004213/SUB A

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2018

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A N   A C T

RELATING TO PROPERTY - TRESPASS AND ACTIONS FOR POSSESSION

     Introduced By: Representatives Keable, Kennedy, Canario, Edwards, and Blazejewski

     Date Introduced: February 01, 2018

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 34-20 of the General Laws entitled "Trespass and Actions for

Possession" is hereby amended by adding thereto the following section:

     34-20-1.1. Damages for willful encroachment on state, municipal or nonprofit land

conservation organization open space land - Civil action.

     (a) Definitions. As used in this section, the following words and terms shall have given to

them the meanings set forth below, unless the context indicates another or different meaning or

intent.

     (1) "Encroach" means to conduct an activity that causes substantial damage or alteration

to the land or vegetation or other features thereon, including, but not limited to, erecting buildings

or other structures, constructing roads, driveways or trails, destroying or moving stone walls,

cutting trees or other vegetation, other than de minimus cutting, removing boundary markers,

installing lawns or utilities, or using, storing, or depositing vehicles, substantial amounts of

materials or debris.

     (2) "Nonprofit land conservation organization" means a not-for-profit entity organized

with a mission of permanently protecting open space land for conservation purposes.

     (3) "Open space land" means and includes, but is not limited to, any park, forest, wildlife

management area, refuge, preserve, sanctuary, green or wildlife area owned, or held pursuant to a

conservation restriction as defined in § 34-39-1 et seq., by the state, a political subdivision of the

state, or a nonprofit land conservation organization.

     (b) No person may encroach or cause another person to encroach on open space land

without permission of the owner of such open space land or holder of such conservation

restriction on said open space land or without other legal authorization.

     (c) Any owner, or holder of a conservation restriction as defined above in open space

land, subject to the provisions of subsection (b) of this section, may bring an action in the

superior court for the county where the land is located against any person who knowingly and

intentionally violates the provisions of subsection (b) of this section with respect to such owner's

land or land subject to such conservation restriction. The court shall order any person who

knowingly and intentionally violates the provisions of subsection (b) of this section to restore the

land to its condition as it existed prior to such violation or shall award the landowner the costs of

such restoration, including reasonable management costs necessary to achieve such restoration. In

addition, the court may award reasonable attorneys' fees and costs and such injunctive or

equitable relief as the court deems appropriate.

     (d) In addition to any damages and relief ordered pursuant to subsection (c) of this

section, the court may award damages of up to five (5) times the cost of restoration or statutory

damages of up to five thousand dollars ($5,000). In determining the amount of the award, the

court shall consider the willfulness of the violation, the extent of damage done to natural

resources, if any, the appraised value of any trees or shrubs damaged, or carried away as

determined in accordance with the latest revision of The Guide for Plant Appraisal, as published

by the International Society of Arboriculture, Urbana, Illinois, or a succeeding publisher, any

economic gain realized by the violator, and any other relevant factors.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO PROPERTY - TRESPASS AND ACTIONS FOR POSSESSION

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     This act would prohibit encroachment upon open space land and would allow the owner

of open space land or the holder of a conservation restriction to bring a civil action in superior

court to remedy the encroachment of that land, and to recover damages resulting from this

encroachment.

     This act would take effect upon passage.

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