Chapter 145

2018 -- H 7383 SUBSTITUTE A Enacted 07/02/2018

A N   A C T

RELATING TO PROPERTY - TRESPASS AND ACTIONS FOR POSSESSION

Introduced By: Representatives Keable, Kennedy, Canario, Edwards, and Blazejewski

Date Introduced: February 01, 2018

It is enacted by the General Assembly as follows:

SECTION 1. Chapter 34-20 of the General Laws entitled "Trespass and Actions for

Possession" is hereby amended by adding thereto the following section:

34-20-1.1. Damages for willful encroachment on state, municipal or nonprofit land

conservation organization open space land - Civil action.

(a) Definitions. As used in this section, the following words and terms shall have given to

them the meanings set forth below, unless the context indicates another or different meaning or

intent.

(1) "Encroach" means to conduct an activity that causes substantial damage or alteration

to the land or vegetation or other features thereon, including, but not limited to, erecting buildings

or other structures,; constructing roads, driveways, or trails,; destroying or moving stone walls,;

cutting trees or other vegetation, other than de minimus cutting,; removing boundary markers,;

installing lawns or utilities,; or using, storing, or depositing vehicles, substantial amounts of

materials, or debris.

(2) "Nonprofit land conservation organization" means a not-for-profit entity organized

with a mission of permanently protecting open-space land for conservation purposes.

(3) "Open-space land" means and includes, but is not limited to, any park, forest, wildlife

management area, refuge, preserve, sanctuary, green or wildlife area owned, or held pursuant to a

conservation restriction as defined in § 34-39-1 et seq., by the state, a political subdivision of the

state, or a nonprofit land conservation organization.

(b) No person may encroach, or cause another person to encroach, on open-space land

without permission of the owner of such the open-space land or holder of such the conservation

restriction on said the open-space land or without other legal authorization.

(c) Any owner, or holder of a conservation restriction as defined above in open-space

land, subject to the provisions of subsection (b) of this section, may bring an action in the

superior court for the county where the land is located against any person who knowingly and

intentionally violates the provisions of subsection (b) of this section with respect to such the

owner's land or land subject to such the conservation restriction. The court shall order any person

who knowingly and intentionally violates the provisions of subsection (b) of this section to

restore the land to its condition as it existed prior to such the violation or shall award the

landowner the costs of such the restoration, including reasonable management costs necessary to

achieve such the restoration. In addition, the court may award reasonable attorneys' fees and costs

and such injunctive or equitable relief as the court deems appropriate.

(d) In addition to any damages and relief ordered pursuant to subsection (c) of this

section, the court may award damages of up to five (5) times the cost of restoration or statutory

damages of up to five thousand dollars ($5,000). In determining the amount of the award, the

court shall consider the willfulness of the violation,; the extent of damage done to natural

resources, if any,; the appraised value of any trees or shrubs damaged, or carried away as

determined in accordance with the latest revision of The Guide for Plant Appraisal, as published

by the International Society of Arboriculture, Urbana, Illinois, or a succeeding publisher,; any

economic gain realized by the violator,; and any other relevant factors.

SECTION 2. This act shall take effect upon passage.

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LC004213/SUB A

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