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. |
======== |
LC001534 |
======== |