2013 -- S 0214

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LC00741

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO PROPERTY - CONSERVATION AND PRESERVATION RESTRICTION ON

REAL PROPERTY

     Introduced By: Senators Sosnowski, Sheehan, Cool Rumsey, and Bates

     Date Introduced: February 06, 2013

     Referred To: Senate Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Chapter 34-39 of the General Laws entitled "Conservation and Preservation

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Restrictions on Real Property" is hereby amended by adding thereto the following section:

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     34-39-6. Use of eminent domain against conservation restrictions. -- Any state or

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local agency must demonstrate extreme need and the lack of any viable alternative before

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exercising a right of eminent domain over any land which is protected with a conservation

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restriction or preservation restriction. The agency shall file a separate report with the department

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of natural resources and provide a copy to the agency or organization that holds the conservation

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or preservation restriction showing the necessity of condemning this land. If the easement holder

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feels that cause has not been adequately demonstrated, it shall have recourse to the superior court

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for a decision on the matter.

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     SECTION 2. This act shall take effect upon passage.

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LC00741

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO PROPERTY - CONSERVATION AND PRESERVATION RESTRICTION ON

REAL PROPERTY

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     This act would restrict the use of eminent domain over any land which is protected with a

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conservation or preservation restriction.

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     This act would take effect upon passage.

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LC00741

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