| Chapter 078 |
| 2016 -- S 2233 SUBSTITUTE A Enacted 06/16/2016 |
| A N A C T |
| RELATING TO PROPERTY -- CONSERVATION AND PRESERVATION RESTRICTIONS ON REAL PROPERTY |
| Introduced By: Senators DiPalma, Sosnowski, Kettle, and Felag |
| Date Introduced: January 27, 2016 |
| It is enacted by the General Assembly as follows: |
| SECTION 1. Section 34-39-5 of the General Laws in Chapter 34-39 entitled |
| "Conservation and Preservation Restrictions on Real Property" is hereby amended to read as |
| follows: |
| 34-39-5. Release of restriction. -- (a) Subject to the express terms of a conservation or |
| preservation restriction,: a restriction held by the state may be released in the same manner as |
| land held by the state may be sold under chapter 7 of title 37,; a restriction held by cities and |
| towns may be released in the same manner as land held by cities and towns may be sold under ยง |
| 45-2-5,; and a restriction held by any other governmental body may be released in accordance |
| with applicable statutes, regulations, and procedures. |
| (b) A charitable corporation, association, or other entity holding a restriction may release |
| that restriction in accordance with the express terms of a restriction, applicable bylaws, or charter |
| provisions of the holding entity, and applicable statutes and regulations. |
| (c) A conservation or preservation restriction may not be terminated or amended in such |
| a manner as to materially detract from the conservation or preservation values intended for |
| protection, without the prior approval of the court in an action in which the attorney general has |
| been made a party. Termination or amendment that materially detracts from the conservation or |
| preservation values intended for protection may be approved only when it is found by the court |
| that the conservation or preservation restriction, or the provision proposed to be amended, as the |
| case may be, does not serve the public interest or publicly beneficial conservation or preservation |
| purpose, taking into account, among other things, the purposes expressed by the parties in the |
| restriction. An amendment that materially detracts from a specific conservation or preservation |
| value intended for protection may be approved only when it is found by the court that the |
| proposed amendment: is between a separate distinct conservation or preservation restriction |
| holder and the fee landowner; creates a net gain in the overall conservation or preservation |
| purpose for which it was intended; and is consistent with the conservation or preservation |
| purposes expressed by the parties in the restriction and the public conservation or preservation |
| interest. No such approval may be sought except with the consent of the holder. If the value of |
| the landowner's estate is increased by reason of the amendment or termination of a conservation |
| or preservation restriction, that increase shall be paid over to the holder, or to such non-profit or |
| governmental entity as the court may designate, to be used for the protection of conservation |
| lands or historic resources consistent, as nearly possible, with the stated publicly beneficial |
| conservation or preservation purposes of the restriction. |
| SECTION 2. This act shall take effect upon passage. |
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| LC003806/SUB A |
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