2015 -- H 5774

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LC001924

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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A N   A C T

RELATING TO PUBLIC PROPERTY AND WORKS -- ACQUISITION OF LAND

     Introduced By: Representatives Costa, Trillo, Newberry, Giarrusso, and Shekarchi

     Date Introduced: March 04, 2015

     Referred To: House Finance

     It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 37-6 of the General Laws entitled "Acquisition of Land" is hereby

amended by adding thereto the following section:

     37-6-28.1. Public use further defined. -- (a) As used in article 1, section 16 of the

constitution of the state, "public use" shall not include the taking of private property for transfer

to a private entity for the purpose of economic development or enhancement of tax revenue

except as allowed pursuant to the provisions of chapter 64.12 of title 42, (eminent domain). In

any condemnation action, without the consent of the owner of the property, the burden of proof

shall be on the condemning entity to demonstrate, by a preponderance of the evidence, that the

taking of private property is for a public use, unless the condemnation action involves a taking for

the eradication of blight, in which case the burden of proof shall be on the condemning entity to

demonstrate, by clear and convincing evidence, that the taking of the property is necessary for the

eradication of blight.

     (b) Nothing in this section shall affect the right of a private party to condemn property as

otherwise expressly provided by law.

     (c) In any condemnation proceedings instituted pursuant to the provisions of this chapter,

no entity shall use condemnation proceedings to acquire private property solely for economic

development or to directly benefit a private party or parties, except to the extent provided for in

chapter 64.12 of title 42.

     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 PUBLIC PROPERTY AND WORKS -- ACQUISITION OF LAND

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     This act would provide that condemnation for a "public use" would not include the taking

of private property for transfer to a private entity for the purpose of economic development or

enhancement of tax revenue, except to the extent allowed pursuant to the provisions of chapter

42-64.12, "eminent domain".

     This act would take effect upon passage.

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