2003 -- H 6550

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LC03495

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2003

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A N A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT

     Introduced By: Representatives Carter, and Lally

     Date Introduced: June 19, 2003

     Referred To: House Corporations

It is enacted by the General Assembly as follows:

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     SECTION 1. Title 42 of the General Laws entitled "State Affairs and Government" is

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hereby amended by adding thereto the following chapter:

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     CHAPTER 137

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CONDEMNATION POWERS ACT

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     42-137-1. Short title. – This act shall be known as and may be cited as the

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“Condemnation Powers Act of 2003.”

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     42-137-2. Exercise of condemnation power by quasi-public corporations to require

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general assembly approval. – (a) Notwithstanding any other provision of the general laws to the

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contrary, no public and/or quasi-public corporation and/or agency shall be permitted to exercise

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any power of condemnation with respect to any property, including, but not limited to, any

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condemnation for and/or pursuant to the exercise of the power of eminent domain, without first

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obtaining the express written consent of the governor. This section shall not be construed to grant

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or empower the power of condemnation to any entity for which such power is not otherwise

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expressly granted and provided for in the general laws.

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     (b) As used herein, the term public and/or quasi-public corporation and/or agency shall be

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construed to include, but not be limited to, the following: the Rhode Island industrial recreational

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building authority, the Rhode Island economic development corporation, the Rhode Island airport

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corporation, the Rhode Island industrial facilities corporation, the Rhode Island refunding bond

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authority, the Rhode Island housing and mortgage finance corporation, the Rhode Island resource

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recovery corporation, the Rhode Island public transit authority, the Rhode Island student loan

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authority, the water resources board corporate, the Rhode Island health and education building

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corporation, the Rhode Island higher education assistance authority, the Rhode Island turnpike

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and bridge authority, the Narragansett Bay water quality management district commission, the

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Rhode Island telecommunications authority, the convention center authority, the board of

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governors for higher education, the board of regents for elementary and secondary education, the

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capital center commission, the housing resources commission, the Quonset Point-Davisville

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management corporation, the Rhode Island children’s crusade for higher education, the Rhode

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Island depositors economic protection corporation, the Rhode Island lottery commission, the

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Rhode Island partnership for science and technology, the Rhode Island public building authority,

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and the Rhode Island underground storage tank board.

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     (c) As used herein, the term “property” shall include both real and personal property, and

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tangible and intangible property.

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     SECTION 2. This act shall take effect on January 1, 2005.

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LC03495

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT

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     This act would prohibit any quasi-public corporation from exercising the power of

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eminent domain without first obtaining the advice and consent of the general assembly on such

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action.

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     This act would take effect on January 1, 2005.

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LC03495

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