Chapter 312

2010 -- H 7247 SUBSTITUTE A AS AMENDED

Enacted 06/25/10

A N A C T

RELATING TO PROPERTY -- CONSERVATION AND PRESERVATION RESTRICTIONS

Introduced By: Representatives Kilmartin, M Rice, Gallison, Ehrhardt, and Walsh

Date Introduced: January 27, 2010

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.

      (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 section 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.

SECTION 2. This act shall take effect upon passage.

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LC00747/SUB A/3

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