Chapter 317
2012 -- H 7171
Enacted 06/20/12
A N A C T
RELATING TO
PROPERTY -- CONSERVATION AND PRESERVATION RESTRICTIONS ON REAL PROPERTY
Introduced
By: Representatives Walsh,
Date Introduced: January 18, 2012
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.
(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.
(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.
=======
LC00578
=======