| Chapter 135 |
| 2021 -- H 5259 SUBSTITUTE A Enacted 07/03/2021 |
| A N A C T |
| RELATING TO TOWNS AND CITIES |
Introduced By: Representative John G. Edwards |
| Date Introduced: January 29, 2021 |
| It is enacted by the General Assembly as follows: |
| SECTION 1. Title 45 of the General Laws entitled "TOWNS AND CITIES" is hereby |
| amended by adding thereto the following chapter: |
| CHAPTER 36.1 |
| MUNICIPAL PUBLIC TRUST DEDICATION |
| 45-36.1-1. Legislative purpose. |
| The purpose of this chapter is to provide a voluntary mechanism for cities and towns to use |
| to dedicate a park, or other conservation land that it owns, as public trust land in perpetuity in order |
| to assure ensure preservation of the natural environment and public access to the land for outdoor |
| recreation and to assure ensure that the land is not converted to a use other than the use for which |
| it was originally obtained and remains predominantly undeveloped and continues to provide open |
| space benefits. People rely on their parks and other public open spaces and conservation land as |
| stable, reliable places of comfort, rest, and renewal in their lives. People make decisions on where |
| to reside and work based on proximity to these places. They expect that these places will always |
| be there for them. This expectation is supported by the Rhode Island Constitution, Article 1, Section |
| 17 R.I. Const., Art. I, § 17, which states the people: |
| "shall be secure in their rights to the use and enjoyment of the natural resources of the state |
| with due regard for the preservation of their values; and it shall be the duty of the general assembly |
| to provide for the conservation of the air, land, water, plant, animal, mineral and other natural |
| resources of the state, and to adopt all means necessary and proper by law to protect the natural |
| environment of the people of the state by providing adequate resource planning for the control and |
| regulation of the use of the natural resources of the state and for the preservation, regeneration and |
| restoration of the natural environment of the state." |
| 45-36.1-2. Power to declare municipal land as public trust land. |
| Pursuant to the proper delegation of powers vested in the general assembly by the Rhode |
| Island Constitution, Article I, Section 17 R.I. Const., Art. I, § 17, cities and towns may formally |
| dedicate any property they hold that was donated to the city or town, or acquired by the city or town |
| for use as a park or for other conservation purposes as a public trust land, to be perpetually protected |
| from conversion to a use other than the use for which it was originally obtained and from |
| development that is inconsistent with the primary recreation, open space, and natural resource |
| purposes as a natural resource land of the state and as a natural environment for the people of the |
| state and to reduce risks of confusion or misunderstanding regarding acceptable and non-acceptable |
| uses of land held by a municipality for outdoor recreation, open space benefits, and natural resource |
| conservation. |
| 45-36.1-3. Process for municipal declaration of municipal land as public trust land. |
| Cities and towns may formally dedicate any property they hold for use as a park or for |
| other conservation purposes as a public trust land, to be perpetually protected from conversion to a |
| use other than the use for which it was originally obtained and development that is inconsistent |
| with its primary purpose as a recreation, open space, and/or natural resource land of the state and |
| as a natural-environment for the people of the state through a duly approved resolution of a city or |
| town council or through any other legally sufficient municipal process. Said The resolution or other |
| municipal approval shall be recorded in the municipal land evidence records. |
| 45-36.1-4. Restrictions applicable to municipal public trust land. |
| Once a city or town dedicates property it holds as a public trust land, such the land shall |
| be perpetually protected from conversion to a use other than the use for which it was originally |
| obtained and development that is inconsistent with its primary purpose as a recreation, open space, |
| and natural resource land of the state and as a natural environment for the people of the state. |
| Acceptable uses of the land so dedicated shall only be those that perpetuate outdoor recreation, |
| open space benefits, and natural resource conservation on the land. |
| SECTION 2. This act shall take effect upon passage. |
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| LC000716/SUB A |
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