2017 -- H 5852

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LC001477

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2017

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A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT - EMINENT DOMAIN

     

     Introduced By: Representatives Roberts, Chippendale, Morgan, Nardolillo, and
Giarrusso

     Date Introduced: March 03, 2017

     Referred To: House Finance

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 42-64.12-7 of the General Laws in Chapter 42-64.12 entitled

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"Eminent Domain" is hereby amended to read as follows:

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     42-64.12-7. Restricted use of eminent domain powers.

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     No entity subject to the provisions of the chapter shall exercise eminent powers to acquire

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any property for economic development purposes unless it has explicit authority to do so and

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unless it conforms to the provisions of this section.

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     (a) Plan. The entity shall have a plan for the proposed development, which shall be

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approved by the governing body of the entity prior to the initiation of any eminent domain

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proceeding, which plan shall set forth the purposes of the development, the intended benefits to

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the community, the necessary infrastructure improvements, the presence and correction of any

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substandard conditions and/or environmental hazards, and the parcels which will be acquired in

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order to effectuate the plan. In addition, the plan shall include provisions and/or analyses which

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can support a rational-basis determination that potential takings by eminent domain inure a

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preponderance of benefits, to the public with only incidental, benefits to a private party or parties.

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The plan shall only be adopted after public notice of not less than fourteen (14) days, a public

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hearing and a period for public comment of not less than thirty (30) days. Where other applicable

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planning requirements are established by law, those planning requirements shall not be deemed to

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be superceded by the requirements of this subsection, provided, that the plan prepared pursuant to

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such planning requirements substantially address the matter specified in this subsection and the

 

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opportunity for public review and comment is no less than that provided for by this subsection.

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     (b) Notice. The entity shall give the owner(s) of property which may be acquired by

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eminent domain advanced notice of the potential taking and shall provide the opportunity to sell

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the property for a negotiated, mutually agreed upon price.

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     (c) Except for taking of temporary easements and partial takings subject to the provisions

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of ยง 42-64.12-10, no local government entity shall implement any eminent domain proceeding for

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economic development purposes unless the acquisition of the property by eminent domain has

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been approved by the city or town council, and no state government entity shall implement any

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eminent domain proceeding for economic development purposes unless the acquisition of the

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property by eminent domain has been approved by an act of the general assembly.

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     (d) The following proposed development plans shall require approval by an act of the

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general assembly:

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     (1) The proposed construction of any building in excess of two thousand square feet

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(2,000 sq. ft.);

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     (2) The proposed construction of any building or the development of any real property

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where the cost shall be in excess of two hundred fifty thousand dollars ($250,000);

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     (3) The proposed construction of any low- or moderate-income housing on real property

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where the state intends to acquire an interest therein.

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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 STATE AFFAIRS AND GOVERNMENT - EMINENT DOMAIN

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     This act would require approval by the general assembly to implement eminent domain

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proceedings for any proposed development plans where the building is larger than two thousand

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square feet (2,000 sq. ft.), costs more than two hundred fifty thousand dollars ($250,000) or

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proposes construction of any low- or moderate-income housing on real property where the state

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intends to acquire an interest therein.

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     This act would take effect upon passage.

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LC001477

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