2014 -- H 7865 | |
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LC003454 | |
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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 COURTS AND CIVIL PROCEDURE--COURTS -- SUPERIOR COURT-- | |
LAND COURT | |
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Introduced By: Representatives Corvese, Ucci, DeSimone, and Azzinaro | |
Date Introduced: March 04, 2014 | |
Referred To: House Judiciary | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Chapter 8-2 of the General Laws entitled "Superior Court" is hereby |
2 | amended by adding thereto the following section: |
3 | 8-2-15.2. Land use court calendar. -- (a) Findings. The general assembly finds that: |
4 | (1) Potential real restate development is severely hindered when superior court land use |
5 | matters are not promptly heard and decided. |
6 | (2) Delays in the adjudication of superior court and use cases have significant adverse |
7 | financial consequences on private developers, the state and municipalities. |
8 | (b) Declaration of policy. It is hereby declared to be the policy of the state of Rhode |
9 | Island to minimize court delays in the consideration and resolution of superior court land use |
10 | matters. |
11 | (c) Establishment. To accomplish this policy, in an effort to minimize delay in the |
12 | processing of land use matters, there shall be established a separate calendar within the |
13 | jurisdiction of the superior court to be known as the land use court calendar. |
14 | (d) Land use calendar. (1) The presiding justice of the superior court shall create a land |
15 | use court calendar in the counties of Providence and Bristol, and shall assign personnel to the |
16 | extent warranted to exclusively hear and decide all actions within the jurisdiction of the land use |
17 | court calendar. |
18 | (2) It shall hear all zoning and planning board of appeals as well as all other land use |
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1 | matters that can be decided without the necessity of evidentiary hearings, in an expedited fashion. |
2 | The land use court calendar shall have exclusive original jurisdiction over all land use matters. |
3 | Cases assigned to the calendar shall be heard within one hundred twenty (120) days. No court |
4 | continuances shall be granted except for good cause shown. Such continuances as are necessary |
5 | shall be granted for the shortest practical time. Written decisions shall be promptly issued. |
6 | (3) The justice assigned to the land use court calendar shall have broad discretion to hear |
7 | any incidental but related issues that he or she deems necessary in the best interests of justice. |
8 | 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 COURTS AND CIVIL PROCEDURE--COURTS -- SUPERIOR COURT-- | |
LAND COURT | |
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1 | This act would establish a new and separate calendar within the Superior Court to |
2 | expediently hear and decide land use matters. |
3 | This act would take effect upon passage. |
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