RELATING TO THE DEPARTMENT OF THE ATTORNEY GENERAL
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Introduced
By: Senators Polisena, and Damiani |
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Date
Introduced: February 05, 2002 |
It is enacted
by the General Assembly as follows:
SECTION
1. Section 42-9-7 of the General Laws in Chapter 42-9
entitled "Department of Attorney General" is hereby amended to read
as follows:
42-9-7. Approval of land titles and
conveyances. -- Whenever an appropriation is available for the
purpose of purchasing or acquiring land, the officer, board, division,
department, or commission authorized to make the purchase or to acquire the
land shall not accept any deed nor shall the state controller draw his or her
orders upon the general treasurer for the payment for the land until the
attorney general has approved the form of deed and certified that the land is
free from all encumbrances said officer, board, division, department or
commission has obtained an acceptable policy of title insurance covering said
real estate. No easement or right-of-way shall be construed to be an
encumbrance within the meaning of the preceding sentence.
SECTION
2. Section 37-6-12 of the General Laws in Chapter
37-6 entitled "Acquisition of Land" is hereby amended to read as
follows:
37-6-12. Examination of title by attorney
general -- Acquisition of title insurance. -- No public money
shall be expended upon any site or land purchased by, devised to, or conveyed
as a gift to the state until the written opinion of the attorney general shall
be had in favor of the validity of the title. The recorder of deeds, if there
be one, and the city clerk of any city and the town clerk of any town shall,
upon request of the attorney general, furnish without cost, such assistance and
information as is in his or her power in relation to the titles of real estate
lying within his or her city or town. The attorney general may, in his or her
discretion, base any opinion as to the validity of title to be acquired upon a
certificate of title of a title insurance company doing business in this state
or upon such evidence of title as he or she may deem satisfactory. If the
attorney general shall deem it desirable, he or she may The attorney general shall require
the state purchasing agent to engage a title insurance company doing business
within this state to furnish a certificate of title or to issue to the state a
policy of title insurance covering the real estate, and the expense of
procuring the certificate or title insurance policy shall be paid out of the
appropriation made to the acquiring authority for the acquisition. No public money shall be expended upon
any site or land purchased by, devised to, or conveyed as a gift to the state
until the acquisition of such certificate of title or policy of title
insurance.
SECTION
3. This act shall take effect upon passage.