2014 -- H 7684

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LC004159

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2014

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A N   A C T

RELATING TO PROPERTY - TRESPASS AND ACTIONS FOR POSSESSION

     

     Introduced By: Representatives Walsh, and Finn

     Date Introduced: February 27, 2014

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Chapter 34-20 of the General Laws entitled "Trespass and Actions for

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Possession" is hereby amended by adding thereto the following section:

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     34-20-1.1. Damages for encroachment on state, municipal or nonprofit land

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conservation organization open space land - Attorney General enforcement - Civil Action. –

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(a) Definitions: As used in this section, words and terms shall have given to them the

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meanings set forth below, unless the context indicates another or different meaning or intent.

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     (1) “Open space land” means and includes, but is not limited to, any park, forest, wildlife

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management area, refuge, preserve, sanctuary, green or wildlife area owned by the state, a

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political subdivision of the state or a nonprofit land conservation organization.

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     (2) “Encroach” means to conduct an activity that causes damage or alteration to the land

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or vegetation or other features thereon, including, but not limited to, erecting buildings or other

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structures, constructing roads, driveways or trails, destroying or moving stone walls, cutting trees

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or other vegetation, removing boundary markers, installing lawns or utilities, or using, storing, or

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depositing vehicles, materials or debris.

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     (b) No person may encroach or cause another person to encroach on open space land or

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on any land for which the state, a political subdivision of the state or a nonprofit land

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conservation organization holds a conservation easement interest, without permission of the

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owner of such open space land or holder of such conservation easement or without other legal

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authorization.

 

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     (c) Any owner of open space land or holder of a conservation easement subject to the

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provisions of subsection (b) of this section or the attorney general may bring an action in the

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superior court for the county where the land is located against any person who violates the

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provisions of said subsection with respect to such owner’s land or land subject to such

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conservation easement. The court shall order any person who violates the provisions of

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subsection (b) of this section to restore the land to its condition as it existed prior to such violation

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or shall award the landowner the costs of such restoration, including reasonable management

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costs necessary to achieve such restoration. In addition, the court may award reasonable

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attorney’s fees and costs and such injunctive or equitable relief as the court deems appropriate.

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     (d) In addition to any damages and relief ordered pursuant to subsection (c) of this

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section, the court may award damages of up to five (5) times the cost of restoration or statutory

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damages of up to five thousand dollars ($5,000). In determining the amount of the award, the

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court shall consider the willfulness of the violation, the extent of damage done to natural

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resources, if any, the appraised value of any trees or shrubs cut, damaged, or carried away as

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determined in accordance with the latest revision of The Guide for Plant Appraisal, as published

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by the International Society of Arboriculture, Urbana, Illinois, or a succeeding publisher, any

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economic gain realized by the violator and any other relevant factors.

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     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 PROPERTY - TRESPASS AND ACTIONS FOR POSSESSION

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     This act would allow the owner of open space land or holder of a conservation easement

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or the attorney general to bring an action in superior court to prevent further encroachment of the

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land and to recover damages resulting from this encroachment.

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     This act would take effect upon passage.

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