2021 -- S 0094

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LC000321

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

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A N   A C T

RELATING TO PROPERTY -- CONSERVATION AND PRESERVATION RESTRICTIONS

ON REAL PROPERTY

     Introduced By: Senators DiPalma, Euer, Rogers, Sosnowski, and Burke

     Date Introduced: January 26, 2021

     Referred To: Senate Finance

     It is enacted by the General Assembly as follows:

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

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

     34-39-3. Restrictions enforceable.

     (a) No conservation restriction held by any governmental body or by a charitable

corporation, association, trust, or other entity whose purposes include conservation of land or water

areas or of a particular area, and no preservation restriction held by any governmental body or by

a charitable corporation, association, trust, or other entity whose purposes include preservation of

structures or sites of historical significance or of a particular structure or site, shall be unenforceable

against any owner of the restricted land or structure on account of lack of privity of estate or

contract, or lack of benefit to particular land, or on account of the benefit being assignable or being

assigned to any other governmental body or to any entity with like purposes, or on account of any

other doctrine of property law which might cause the termination of the restriction such as, but not

limited to, the doctrine of merger and tax delinquency. Conservation or preservation restrictions

shall be liberally interpreted in favor of the grants awarded to effect the purposes of those easements

and the policies and purpose of this chapter.

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

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

unenforceable.

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

provided in § 34-4-21.

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

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

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

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

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

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

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

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

restriction;

     (2) A holder of the conservation restriction;

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

restriction; or

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

     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 -- CONSERVATION AND PRESERVATION RESTRICTIONS

ON REAL PROPERTY

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     This act would require conservation and preservation restrictions to be liberally interpreted

in favor of the grants awarded.

     This act would take effect upon passage.

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LC000321

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