2016 -- S 2233 SUBSTITUTE A

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LC003806/SUB A

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

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A N   A C T

RELATING TO PROPERTY -- CONSERVATION AND PRESERVATION RESTRICTIONS

ON REAL PROPERTY

     Introduced By: Senators DiPalma, Sosnowski, Kettle, and Felag

     Date Introduced: January 27, 2016

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 34-39-5 of the General Laws in Chapter 34-39 entitled

"Conservation and Preservation Restrictions on Real Property" is hereby amended to read as

follows:

     34-39-5. Release of restriction. -- (a) Subject to the express terms of a conservation or

preservation restriction, a restriction held by the state may be released in the same manner as land

held by the state may be sold under chapter 7 of title 37, a restriction held by cities and towns

may be released in the same manner as land held by cities and towns may be sold under § 45-2-5,

and a restriction held by any other governmental body may be released in accordance with

applicable statutes, regulations, and procedures.

      (b) A charitable corporation, association, or other entity holding a restriction may release

that restriction in accordance with the express terms of a restriction, applicable bylaws, or charter

provisions of the holding entity, and applicable statutes and regulations.

      (c) A conservation or preservation restriction may not be terminated or amended in such

a manner as to materially detract from the conservation or preservation values intended for

protection, without the prior approval of the court in an action in which the attorney general has

been made a party. Termination or amendment that materially detracts from the conservation or

preservation values intended for protection may be approved only when it is found by the court

that the conservation or preservation restriction, or the provision proposed to be amended, as the

case may be, does not serve the public interest or publicly beneficial conservation or preservation

purpose, taking into account, among other things, the purposes expressed by the parties in the

restriction. An amendment that materially detracts from a specific conservation or preservation

value intended for protection may be approved only when it is found by the court that the

proposed amendment: is between a separate distinct conservation or preservation restriction

holder and the fee landowner; creates a net gain in the overall conservation or preservation

purpose for which it was intended; and is consistent with the conservation or preservation

purposes expressed by the parties in the restriction and the public conservation or preservation

interest. No such approval may be sought except with the consent of the holder. If the value of

the landowner's estate is increased by reason of the amendment or termination of a conservation

or preservation restriction, that increase shall be paid over to the holder, or to such non-profit or

governmental entity as the court may designate, to be used for the protection of conservation

lands or historic resources consistent, as nearly possible, with the stated publicly beneficial

conservation or preservation purposes of the restriction.

     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 -- CONSERVATION AND PRESERVATION RESTRICTIONS

ON REAL PROPERTY

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     This act would require the court, when deciding whether or not to grant amendments to

certain conservation restrictions that materially detract from a specific conservation purpose or

preservation value, to find that the proposed amendment: is between a separate distinct

conservation or preservation restriction holder and the fee landowner; creates a net gain in the

overall conservation or preservation purpose; is consistent with the purposes expressed by the

parties in the restriction, and is in the public interest.

     This act would take effect upon passage.

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