2013 -- S 0214 SUBSTITUTE A

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LC00741/SUB A

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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 RESTRICTIONS

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

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conservation restriction or preservation restriction shall notify the agency or organization that

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holds the conservation or preservation restriction and the Rhode Island department of

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environmental management at the same time they are notifying fee property owners of their

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intentions to condemn the properties. Such notification will include an explanation of the public

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purpose for which the land protected by the conservation or preservation restriction is being

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condemned.

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     SECTION 2. This act shall take effect upon passage.

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LC00741/SUB A

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO PROPERTY - CONSERVATION AND PRESERVATION RESTRICTIONS

ON REAL PROPERTY

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     This act would require that any state or local agency exercising a right of eminent domain

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over any land which is protected with a conservation restriction or preservation restriction, notify

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the agency or organization that holds the restriction and the department of environmental

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management of their intent to condemn the properties.

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     This act would take effect upon passage.

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LC00741/SUB A

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