2025 -- H 5902 | |
======== | |
LC001914 | |
======== | |
STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2025 | |
____________ | |
A N A C T | |
RELATING TO PROPERTY -- ESTATES IN REAL PROPERTY | |
| |
Introduced By: Representatives Ajello, Cotter, Tanzi, Alzate, Corvese, Potter, Shallcross | |
Date Introduced: February 28, 2025 | |
Referred To: House Judiciary | |
(Lieutenant Governor) | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Chapter 34-4 of the General Laws entitled "Estates in Real Property" is |
2 | hereby amended by adding thereto the following section: |
3 | 34-4-31. Prohibition of restrictive covenants related to grocery stores. |
4 | (a) A covenant or restriction concerning the use of land designated as a retail establishment |
5 | where fresh food is regularly and customarily sold in a bona fide manner for off-premises |
6 | consumption including, but not limited to, grocery stores and supermarkets, shall be void and |
7 | unenforceable, except under circumstances as set forth in subsection (b) of this section. |
8 | (b) The prohibition in this section shall not apply to covenants or restrictions on concerning |
9 | the use of land if all of the following conditions are met: |
10 | (1) The land subject to restriction has been used by the seller within the six (6) months |
11 | prior to the date of the agreement for the operation of a retail establishment for the sale of fresh |
12 | food for off-premises consumption including, but not limited to, a grocery store or supermarket |
13 | (hereafter known as the “discontinued site”); |
14 | (2) The seller has identified and purchased land to be used for the operation of a new retail |
15 | establishment for the sale of fresh food for off-premises consumption including, but not limited to, |
16 | a grocery store or supermarket (hereafter known as the “relocated store”); |
17 | (3) The relocated store is similar in size and scope of products sold when compared to the |
18 | discontinued site; |
19 | (4) The relocated store is located within one-half (1/2) mile of the discontinued site; |
| |
1 | (5) Relocation and commencement of operations of the relocated store at the new site |
2 | occurs within one year following closure; and |
3 | (6) The restrictive covenant imposed on the discontinued site does not have a term in excess |
4 | of eighteen months from the date of closure. |
5 | (c) The prohibitions set forth in this section do not apply to restrictive covenants or other |
6 | agreements entered into prior to the effective date of this section. |
7 | (d) If any portion of this section is found by a court of competent jurisdiction to be |
8 | unlawful, such finding shall not affect any other portion of this section not specifically so found. |
9 | SECTION 2. This act shall take effect upon passage. |
======== | |
LC001914 | |
======== | |
| LC001914 - Page 2 of 3 |
EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO PROPERTY -- ESTATES IN REAL PROPERTY | |
*** | |
1 | This act would prohibit restrictive covenants related to grocery stores. |
2 | This act would take effect upon passage. |
======== | |
LC001914 | |
======== | |
| LC001914 - Page 3 of 3 |