2016 -- S 2718 | |
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LC004440 | |
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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 - TRESPASS AND ACTIONS FOR POSSESSION | |
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Introduced By: Senators Sosnowski, Kettle, Felag, Conley, and Archambault | |
Date Introduced: March 08, 2016 | |
Referred To: Senate Judiciary | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Chapter 34-20 of the General Laws entitled "Trespass and Actions for |
2 | Possession" is hereby amended by adding thereto the following section: |
3 | 34-20-1.1. Damages for encroachment on state, municipal or nonprofit land |
4 | conservation organization open space land - Civil Action. – (a) Definitions. As used in this |
5 | section, the following words and terms shall have given to them the meanings set forth below, |
6 | unless the context indicates another or different meaning or intent: |
7 | (1) "Encroach" means to conduct an activity that causes damage or alteration to the land |
8 | or vegetation or other features thereon, including, but not limited to, erecting buildings or other |
9 | structures, constructing roads, driveways or trails, destroying or moving stone walls, cutting trees |
10 | or other vegetation, removing boundary markers, installing lawns or utilities, or using, storing, or |
11 | depositing vehicles, materials or debris. |
12 | (2) "Open space land" means and includes, but is not limited to, any park, forest, wildlife |
13 | management area, refuge, preserve, sanctuary, green or wildlife area owned by the state, a |
14 | political subdivision of the state or a nonprofit land conservation organization. |
15 | (b) No person may encroach or cause another person to encroach on open space land or |
16 | on any land for which the state, a political subdivision of the state or a nonprofit land |
17 | conservation organization holds a conservation easement interest, without permission of the |
18 | owner of such open space land or holder of such conservation easement or without other legal |
19 | authorization. |
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1 | (c) Any owner of open space land or holder of an interest in a conservation easement |
2 | subject to the provisions of subsection (b) of this section may bring an action in the superior court |
3 | for the county where the land is located against any person who violates the provisions of said |
4 | subsection with respect to such owner’s land or land subject to such conservation easement. The |
5 | court shall order any person who violates the provisions of subsection (b) of this section to restore |
6 | the land to its condition as it existed prior to such violation or shall award the landowner the costs |
7 | of such restoration, including reasonable management costs necessary to achieve such restoration. |
8 | In addition, the court may award reasonable attorney's fees and costs and such injunctive or |
9 | equitable relief as the court deems appropriate. |
10 | (d) In addition to any damages and relief ordered pursuant to subsection (c) of this |
11 | section, the court may award damages of up to five (5) times the cost of restoration or statutory |
12 | damages of up to five thousand dollars ($5,000). In determining the amount of the award, the |
13 | court shall consider the willfulness of the violation, the extent of damage done to natural |
14 | resources, if any, the appraised value of any trees or shrubs cut, damaged, or carried away as |
15 | determined in accordance with the latest revision of The Guide for Plant Appraisal, as published |
16 | by the International Society of Arboriculture, Urbana, Illinois, or a succeeding publisher, any |
17 | economic gain realized by the violator and any other relevant factors. |
18 | 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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1 | This act would allow the owner of open space land or holder of an interest in a |
2 | conservation easement to bring an action in superior court to prevent further encroachment of the |
3 | land and to recover damages resulting from the encroachment. |
4 | This act would take effect upon passage. |
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