| Chapter 125 |
| 2026 -- S 2644 Enacted 06/18/2026 |
| A N A C T |
| RELATING TO PROPERTY -- ESTATES IN REAL PROPERTY |
Introduced By: Senators Murray, and Thompson |
| Date Introduced: February 27, 2026 |
| It is enacted by the General Assembly as follows: |
| SECTION 1. Chapter 34-4 of the General Laws entitled "Estates in Real Property" is |
| hereby amended by adding thereto the following section: |
| 34-4-31. Prohibition of restrictive covenants related to grocery stores. |
| (a) A covenant or restriction concerning the use of land designated as a retail establishment |
| where fresh food is regularly and customarily sold in a bona fide manner for off-premises |
| consumption including, but not limited to, grocery stores and supermarkets, shall be void and |
| unenforceable, except under circumstances as set forth in subsection (b) of this section. |
| (b) The prohibition in this section shall not apply to covenants or restrictionsonconcerning |
| the use of land if all of the following conditions are met: |
| (1) The land subject to restriction has been used by the seller within the six (6) months |
| prior to the date of the agreement for the operation of a retail establishment for the sale of fresh |
| food for off-premises consumption including, but not limited to, a grocery store or supermarket |
| (hereafter known as the “discontinued site”); |
| (2) The seller has identified and purchased land to be used for the operation of a new retail |
| establishment for the sale of fresh food for off-premises consumption including, but not limited to, |
| a grocery store or supermarket (hereafter known as the “relocated store”); |
| (3) The relocated store is similar in size and scope of products sold when compared to the |
| discontinued site; |
| (4) The relocated store is located within one-half (1/2) mile of the discontinued site; |
| (5) Relocation and commencement of operations of the relocated store at the new site |
| occurs within one year following closure; and |
| (6) The restrictive covenant imposed on the discontinued site does not have a term in excess |
| of eighteen (18) months from the date of closure. |
| (c) The prohibitions set forth in this section do not apply to restrictive covenants or other |
| agreements entered into prior to the effective date of this section. |
| (d) If any portion of this section is found by a court of competent jurisdiction to be |
| unlawful, such finding shall not affect any other portion of this section not specifically so found. |
| SECTION 2. This act shall take effect upon passage. |
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| LC004779 |
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