Chapter 080 |
2016 -- H 7196 SUBSTITUTE A Enacted 06/16/2016 |
A N A C T |
RELATING TO PROPERTY -- CONSERVATION AND PRESERVATION RESTRICTIONS ON REAL PROPERTY |
Introduced By: Representatives Blazejewski, Bennett, Hull, Fogarty, and Tanzi |
Date Introduced: January 15, 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. |
======== |
LC003786/SUB A |
======== |