2025 -- H 6112

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LC002391

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2025

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A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- EMINENT DOMAIN

     Introduced By: Representatives Sanchez, Morales, Cruz, and Speakman

     Date Introduced: March 19, 2025

     Referred To: House State Government & Elections

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 42-64.12-6 and 42-64.12-7 of the General Laws in Chapter 42-64.12

entitled "Eminent Domain" are hereby amended to read as follows:

     42-64.12-6. Permissible uses of eminent domain powers.

     (a) All entities delegated eminent domain powers under the laws of this state may exercise

such powers consistent with other restrictions and limitations established by law, rule, regulation,

or ordinance, to acquire property for the following purposes:

     (1) Providing for public ownership and use;

     (2) Providing for transportation infrastructure including, but not limited to, roads,

highways, bridges, and associated ramps;

     (3) Providing for public utilities, including telecommunications, and for common carriers;

     (4) Eliminating an identifiable public harm and/or correcting conditions adversely affecting

public health, safety, morals, or welfare, including, but not limited to, the elimination and

prevention of blighted and substandard areas, as defined by chapter 31 of title 45, and correcting

conditions of environmental contamination that pose a significant risk to the public health,

correcting and repairing facilities, and correcting conditions from damages that result from a

declared disaster;

     (5) Providing good and marketable title that is free and clear of liens and encumbrances

when property is to be acquired or is to be conveyed for any of the purposes set forth in subsections

(1) — (4) of this section.

     (b) The provisions of this section shall be subject to the provisions of § 42-64.12-7.

     42-64.12-7. Restricted use of eminent domain powers. Prerequisite for use of eminent

domain powers.

     (a) No entity subject to the provisions of the chapter shall exercise eminent powers to

acquire any property for economic development purposes pursuant to this section unless it has

explicit authority to do so and unless it conforms to the provisions of this section.

     (b) Plan. The entity shall have a plan for the proposed development, which shall be

approved by the governing body of the entity prior to the initiation of any eminent domain

proceeding, which plan shall set forth the purposes of the development, the intended benefits to the

community, the necessary infrastructure improvements, the presence and correction of any

substandard conditions and/or environmental hazards, and the parcels which will be acquired in

order to effectuate the plan. In addition, the plan shall include provisions and/or analyses which

can support a rational-basis determination that potential takings by eminent domain inure a

preponderance of benefits, to the public with only incidental, benefits to a private party or parties.

The plan shall only be adopted after public notice of not less than fourteen (14) days, a public

hearing and a period for public comment of not less than thirty (30) days. Where other applicable

planning requirements are established by law, those planning requirements shall not be deemed to

be superceded by the requirements of this subsection, provided, that the plan prepared pursuant to

such planning requirements substantially address the matter specified in this subsection and the

opportunity for public review and comment is no less than that provided for by this subsection.

     (c) Notice. The entity shall give the owner(s) of property that may be acquired by eminent

domain advanced notice of the potential taking and shall provide the opportunity to sell the property

for a negotiated, negotiate a mutually agreed upon price.

     (d) Except for taking of temporary easements and partial takings subject to the provisions

of § 42-64.12-10, no local government entity shall implement any eminent domain proceeding for

economic development purposes unless the acquisition of the property by eminent domain has been

approved by the city or town council, and no state government entity shall implement any eminent

domain proceeding for economic development purposes unless the acquisition of the property by

eminent domain has been approved by an act of the general assembly.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- EMINENT DOMAIN

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     This act would require all entities delegated eminent domain powers under this section to

adopt a plan and approval prior to exercising such power for a public purpose and remove the

restriction that the provisions related to an entity acquiring property by eminent domain apply only

for economic development purposes.

     This act would take effect upon passage.

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