2025 -- S 1054

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LC002869

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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

ESTABLISHING THE BURRILLVILLE LAND TRUST

     Introduced By: Senator Jessica de la Cruz

     Date Introduced: May 09, 2025

     Referred To: Senate Housing & Municipal Government

     It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 59 of the Public Laws entitled “An Act Establishing the Burrillville

Land Trust” is hereby amended to read as follows:

AN ACT ESTABLISHING THE BURRILLVILLE LAND TRUST

CONSERVANCY

     It is enacted by the General Assembly as follows:

     SECTION 1. The Town Council of Burrillville is hereby authorized to establish the

Burrillville Land Trust Conservancy (hereinafter called the Trust Conservancy), a body politic and

corporate and a public instrumentality. The Trust Conservancy shall have the authority to acquire,

hold, and manage real property and interests therein situated in whole or in part in the Town of

Burrillville, consisting of open, agricultural, or littoral property, including existing and future

wellfields and aquifer recharge areas, fresh water marshes, and adjoining uplands, wildlife habitats,

land providing access to or views of the lakes and ponds, land for bicycling and hiking paths and

for future public recreational use and land for agricultural use. With the exception of property

acquired for public recreational purposes, the Trust Conservancy shall hold all property solely as

open space or for agricultural uses or for whatever purposes as the trustees Conservancy members

may determine.

     SECTION 2. The mission of the Burrillville Land Trust Conservancy is to protect the Town

of Burrillville's rural character and natural heritage. This is accomplished by preserving land as

open space through acquisition and conservation easement while maintaining, where possible,

public access to these natural resources.

     The trust Conservancy will: preserve open space, protect wetlands, ground and surface

water, farmland, unusual and exemplary natural habitats, historical or cultural places of significance

as well as scenic views through a program of sustained acquisition and stewardship. The Trust

Conservancy will provide public access for recreation and appreciation, and opportunities for

research and natural resources education, where possible, on Land Trust Conservancy properties.

     SECTION 3. The management, administration and organization of the Trust Conservancy

shall be by ordinance duly adopted by the Town Council of the Town of Burrillville. Trustees

Conservancy members shall be electors of the Town of Burrillville. No elected official may serve

as a trustee Conservancy member.

     SECTION 4. Rules and regulations governing the conduct of Trust Conservancy affairs,

including but not limited to the acquisition and management of its holdings, not inconsistent with

the provisions of this act and the ordinance(s), shall be adopted by the trustees Conservancy

members. The Town Council of the Town of Burrillville shall approve all rules and regulations and

modifications thereof. Any changes or modifications to the rules and regulations shall be approved

by the Town Council. The Town Council shall also have the authority sua sponte to change or

modify rules and regulations of the Trust Conservancy. The Town Council shall hold at least one

(1) public hearing on the proposed changes or modification(s), which shall be advertised in a

publication having general circulation in the Town not less than forty-eight (48) hours prior to the

date and time of the public hearing.

     The trustees Conservancy members shall keep accurate records of their meetings and

actions and shall file an annual report with the Town Council not later than sixty (60) calendar days

from June 30. All meetings of the Trust Conservancy shall be open to the public in accordance with

Chapter 46 of Title 42 of the general laws.

     SECTION 5. The trust Conservancy shall have the power to:

     (a) Purchase, receive by gift, or otherwise acquire fee simple or lesser interests in real

property, including development rights of any kind or any interest in real property consistent with

purposes of this act;

     (b) Accept gifts, grants or loans of funds or services from any source, public or private, and

comply, subject to the provisions of this act and town ordinance(s), with any terms and conditions

thereof;

     (c) Accept from state and/or federal agencies, loans or grants for use in carrying out the

Trust 's Conservancy’s purposes and enter into agreements with such agencies respecting any such

loans or grants;

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     (d) With approval of the Town Council, employ counsel, auditors, engineers, appraisers,

private consultants, advisors, secretaries or other personnel needed to perform its duties;

     (e) Administer and manage land and interests in land held by it in a manner which allows

public use and enjoyment consistent with the natural and scenic resources thereof, including

conveyance of any such land or interests in land to, and contracts with, nonprofit organizations,

provided such land shall continue to be used in a manner consistent with the purposes of this act

and with the terms of any grant or devise by which such land was acquired by the Trust

Conservancy;

     (f) Dispose of all or any portion of its real property or interest therein held by it, whenever

in the opinion of the trustees Conservancy members said lands or properties have become

unsuitable or have ceased to be used for the purpose set forth in this act. Nothing in this subsection

shall be construed to authorize the sale, lease or conveyance of lands or improvements held by the

Trust Conservancy as part of a charitable trust conservancy or acquired by gift or devise for the

public use, whether or not such gift or devise is subject to a condition subsequent or reverter;

     (g) Otherwise do all things necessary for the performance of its duties, the fulfillment of

its obligation and the conduct of its business.

     SECTION 6. The ordinance establishing the management and administration of the Trust

Conservancy shall set forth the process for receipt, accounting and expenditure of all monetary

assests assets. The fiscal year of the Trust Conservancy shall be July 1 to June 30. The treasurer of

the Town of Burrillville shall prudently invest available assests assets of the fund(s), and all income

thereon shall accrue to the respective fund(s). Upon termination or dissolution of the Trust

Conservancy, the title of all funds and other properties owned by the trust Conservancy which

remain after payment or making provision for payment of all bonds, notes and other obligations of

the trust Conservancy shall vest in the Town of Burrillville which shall manage the lands of the

dissolved trust Conservancy in the open space function for which they were donated or purchased

to the best interest of the purposes of the trust Conservancy. If, in the opinion of the Town Council,

said lands no longer function for the purposes set forth in this act, the town may dispose of those

properties.

     SECTION 7. The trust Conservancy and all its revenues, income and real and personal

property used by the Trust for furtherances Conservancy in furtherance of its public purposes, shall

be exempt from taxation and from betterments and special assessments, and the Trust Conservancy

shall not be required to pay any tax, excise or assessment to the state or any of its political

subdivisions.

     SECTION 8. Nothing in this act shall affect the eligibility of the Town to acquire property

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and receive funds under the general laws or any other state land acquisition program.

     SECTION 9. The provisions of this act are severable, and if any provision thereof shall be

held invalid in any circumstances such invalidity shall not affect any other provisions or

circumstances. This act shall be construed in all respects so as to meet all constitutional

requirements. In carrying out the purposes and provisions of this act, all steps shall be taken which

are necessary to meet constitutional requirements whether or not such steps are required by statute.

     SECTION 2. Chapter 65 of the Public Laws entitled “An Act Establishing the Burrillville

Land Trust” is hereby amended to read as follows:

AN ACT ESTABLISHING THE BURRILLVILLE LAND TRUST

CONSERVANCY

     It is enacted by the General Assembly as follows:

     SECTION 1. The Town Council of Burrillville is hereby authorized to establish the

Burrillville Land Trust Conservancy (hereinafter called the Trust Conservancy), a body politic and

corporate and a public instrumentality. The Trust Conservancy shall have the authority to acquire,

hold, and manage real property and interests therein situated in whole or in part in the Town of

Burrillville, consisting of open, agricultural, or littoral property, including existing and future

wellfields and aquifer recharge areas, fresh water marshes, and adjoining uplands, wildlife habitats,

land providing access to or views of the lakes and ponds, land for bicycling and hiking paths and

for future public recreational use and land for agricultural use. With the exception of property

acquired for public recreational purposes, the Trust Conservancy shall hold all property solely as

open space or for agricultural uses or for whatever purposes as the trustees Conservancy members

may determine.

     SECTION 2. The mission of the Burrillville Land Trust Conservancy is to protect the Town

of Burrillville's rural character and natural heritage. This accomplished by preserving land as open

spacethrough space through acquisition and conservation easement while maintaining, where

possible, public access to these natural resources.

     The trust Conservancy will: preserve open space, protect wetlands, ground and surface

water, farmland, unusual and exemplary natural habitats, historical or cultural places of significance

as well as scenic views through a program of sustained acquisition and stewardship. The Trust

Conservancy will provide public access for recreation and appreciation, and opportunities for

research and natural resources education, where possible, on Land Trust Conservancy properties.

     SECTION 3. The management, administration and organization of the Trust Conservancy

shall be by ordinance duly adopted by the Town Council of the Town of Burrillville. Trustees

Conservancy members shall be electors of the Town of Burrillville. No elected official may serve

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as a trustee Conservancy member.

     SECTION 4. Rules and regulations governing the conduct of Trust Conservancy affairs,

including but not limited to the acquisition and management of its holdings, not inconsistent with

the provisions of this act and the ordinance(s), shall be adopted by the trustees Conservancy

members. The Town Council of the Town of Burrillville shall approve all rules and regulations and

modifications thereof. Any changes or modifications to the rules and regulations shall be approved

by the Town Council. The Town Council shall also have the authority sua sponte to change or

modify rules and regulations of the Trust Conservancy. The Town Council shall hold at least one

(1) public hearing on the proposed changes or modification(s), which shall be advertised in a

publication having general circulation in the Town not less than forty-eight (48) hours prior to the

date and time of the public hearing.

     The trustees Conservancy members shall keep accurate records of their meetings and

actions and shall file an annual report with the Town Council not later than sixty (60) calendar days

from June 30. All meetings of the Trust Conservancy shall be open to the public in accordance with

Chapter 46 of Title 42 of the general laws.

     SECTION 5. The trust Conservancy shall have the power to:

     (a) Purchase, receive by gift, or otherwise acquire fee simple or lesser interests in real

property, including development rights of any kind or any interest in real property consistent with

purposes of this act;

     (b) Accept gifts, grants or loans of funds or services from any source, public or private, and

comply, subject to the provisions of this act and town ordinance(s), with any terms and conditions

thereof;

     (c) Accept from state and/or federal agencies, loans or grants for use in carrying out the

Trust's Conservancy’s purposes and enter into agreements with such agencies respecting any such

loans or grants;

     (d) With approval of the Town Council, employ counsel, auditors, engineers, appraisers,

private consultants, advisors, secretaries or other personnel needed to perform its duties;

     (e) Administer and manage land and interests in land held by it in a manner which allows

public use and enjoyment consistent with the natural and scenic resources thereof, including

conveyance of any such land or interests in land to, and contracts with, nonprofit organizations,

provided such land shall continue to be used in a manner consistent with the purposes of this act

and with the terms of any grant or devise by which such land was acquired by the Trust

Conservancy;

     (f) Dispose of all or any portion of its real property or interest therein held by it, whenever

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in the opinion of the trustees Conservancy members said lands or properties have become

unsuitable or have ceased to be used for the purpose set forth in this act. Nothing in this subsection

shall be construed to authorize the sale, lease or conveyance of lands or improvements held by the

Trust Conservancy as part of a charitable trust conservancy or acquired by gift or devise for the

public use, whether or not such gift or devise is subject to a condition subsequent or reverter;

     (g) Otherwise do all things necessary for the performance of its duties, the fulfillment of

its obligation and the conduct of its business.

     SECTION 6. The ordinance establishing the management and administration of the Trust

Conservancy shall set forth the process for receipt, accounting and expenditure of all monetary

assests assets. The fiscal year of the Trust Conservancy shall be July 1 to June 30. The treasurer of

the Town of Burrillville shall prudently invest available assests assets of the fund(s), and all income

thereon shall accrue to the respective fund(s). Upon termination or dissolution of the Trust

Conservancy, the title of all funds and other properties owned by the trust Conservancy which

remain after payment or making provision for payment of all bonds, notes and other obligations of

the trust Conservancy shall vest in the Town of Burrillville which shall manage the lands of the

dissolved Trust Conservancy in the open space function for which they were donated or purchased

to the best interest of the purposes of the Trust Conservancy. If, in the opinion of the Town Council,

said lands no longer function for the purposes set forth in this act, the town may dispose of those

properties.

     SECTION 7. The trust Conservancy and all its revenues, income and real and personal

property used by the Trust for furtherances Conservancy in furtherance of its public purposes, shall

be exempt from taxation and from betterments and special assessments, and the Trust Conservancy

shall not be required to pay any tax, excise or assessment to the state or any of its political

subdivisions.

     SECTION 8. Nothing in this act shall affect the eligibility of the Town to acquire property

and receive funds under the general laws or any other state land acquisition program.

     SECTION 9. The provisions of this act are severable, and if any provision thereof shall be

held invalid in any circumstances such invalidity shall not affect any other provisions or

circumstances. This act shall be construed in all respects so as to meet all constitutional

requirements. In carrying out the purposes and provisions of this act, all steps shall be taken which

are necessary to meet constitutional requirements whether or not such steps are required by statute.

     SECTION 10. This act shall take effect upon passage.

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     SECTION 3. This act shall take effect upon passage.

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LC002869

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

ESTABLISHING THE BURRILLVILLE LAND TRUST

***

     This act would change the name of the Burrillville Land Trust to the Burrillville Land

Conservancy and make other stylistic changes.

     This act would take effect upon passage.

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LC002869

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