Chapter 029
2023 -- H 5914
Enacted 05/18/2023

A N   A C T
RELATING TO PROPERTY -- CONSERVATION AND PRESERVATION RESTRICTIONS ON REAL PROPERTY

Introduced By: Representatives Craven, and Caldwell

Date Introduced: March 01, 2023

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 that might cause the termination of the restriction such as,
but not limited to, the doctrine of merger and tax delinquency. Conservation or preservation
restrictions shall be liberally interpreted in favor of the grants awarded to effect the purposes of
those easements and the policies and purpose of this chapter.
     (b) This section shall not be construed to imply that any restriction easement, covenant, or
condition which that 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 § 34-4-21.
     (d) The attorney general, pursuant to his or her the attorney general’s 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 attorney’s 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 § 42-17.1-2(28)(ii), may only be brought or intervened in by:
     (1) An owner of a 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 (d) of this section.
     SECTION 2. This act shall take effect upon passage.
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LC001534
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