CHAPTER 135

96-S 2728 am

Approved Aug. 2, 1996.

AN ACT RELATING TO HEALTH AND SAFETY -- RHODE ISLAND SOLID WASTE MANAGEMENT CORPORATION

It is enacted by the General Assembly as follows:

SECTION 1. Section 23-19-35.1 of the General Laws in Chapter 23-19 entitled "Solid Waste Management Corporation" is hereby amended to read as follows:

23-19-35.1. Removal of houses -- Adjoining residential property. -- {ADD Use of acquired property. -- ADD} (a) The corporation shall oversee the removal and/or sale of all houses and structures which are acquired per section 23-19-35. These houses or structures may be sold, but only through a public auction process. In any event, the person or persons in whom the title of any house or structure was vested at the time it was acquired by the corporation shall not have a conclusive right to reacquire the property. {ADD In addition to any other permitted use, the houses and structures acquired per 23-19-35 may, in accordance with procedures set forth in regulation(s) adopted by the corporation, be:

(i) sold by the corporation in order to be salvaged or moved to another location;

(ii) razed or salvaged by the corporation; or

(iii) moved by the corporation to a location greater than one thousand feet (1000') from the entire operational area of the central landfill. ADD}

(b) Further, as a condition of purchase at the public auction, if house or structure is to be removed, then, the house or structure must be moved to a location or piece of land which is more than two thousand (2,000) feet from the perimeter of the aforesaid entire operational area of the central landfill and no portion of the location or piece of land shall encroach to any degree on the two thousand (2,000) foot mark. {ADD Notwithstanding any law or regulation to the contrary, in order to return some of the property purchased pursuant to section 23-19-34 or section 23-19-35 to the tax rolls, the corporation may sell, for any use permitted by local zoning, any property acquired pursuant to 23-19-34 or 23-19-35 that is located north of Central Avenue in Johnston, and greater than one thousand feet (1000') from the entire operational boundary of the central landfill. In addition, a convenant shall be placed in the deed of any real property so sold notifying the purchaser of the presence of the landfill and protecting the corporation from any legal action by the purchaser with respect to the environmental impact of it. ADD}

(c) {ADD Notwithstanding any law or regulation to the contrary, in order to return some of the property purchased pursuant to section 23-19-34 and 23-19-35 to the tax rolls, ADD} T {ADD t ADD} he corporation shall {ADD in addition to any other permitted use ADD} have the right to sell{ADD , rent, lease, transfer or otherwise convey or encumber, ADD} all land acquired {ADD per section 23-19-34 or ADD} per section 23-19-35, provided the land is sold solely for industrial uses in conformance with local zoning. In addition, a covenant shall be placed in the deed of any real property so sold notifying the purchaser of the presence of the central landfill and protecting the corporation from any legal action by the purchaser with respect to the environmental impact of it.

{ADD (d) Notwithstanding any law or regulation to the contrary, in order to return some of the property purchased pursuant to section 23-19-35 to the tax rolls, the corporation may sell, for any use permitted by local zoning, any property acquired to 23-19-35 in which the primary structure on the property is located greater than two thousand feet (2000') from the entire operational portion of the central landfill. The corporation may sell all such parcels and all structures thereon for any use permitted by local zoning. In addition, a convenant shall be placed in the deed of any real property so sold notifying the purchaser of the presence of the landfill and protecting the corporation from any legal action by the purchaser with respect to the environmental impact of it. ADD}

SECTION 2. This act shall take effect upon passage.



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