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:

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

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

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

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

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

unless it conforms to the provisions of this section.

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

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

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

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

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

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

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

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

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

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

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

be superceded by the requirements of this subsection, provided, that the plan prepared pursuant to

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

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

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

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

the property for a negotiated, mutually agreed upon price.

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

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

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

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

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

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

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

general assembly:

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

(2,000 sq. ft.);

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

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

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

where the state intends to acquire an interest therein.

     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

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

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

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

intends to acquire an interest therein.

     This act would take effect upon passage.

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LC001477

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