2017 -- H 5928

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LC002109

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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 - PROPERTY -- EMINENT

DOMAIN

     

     Introduced By: Representatives Roberts, Price, Mendonca, Nardolillo, and Chippendale

     Date Introduced: March 16, 2017

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 42-64.12-8 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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     42-64.12-8. Compensation for eminent domain takings for economic development

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purposes.

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     Owners of property taken for economic development purposes shall be compensated for:

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     (a) A minimum of one hundred fifty percent (150%) of the fair market value of the real

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property.

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     (b) Expenses incidental to transfer of ownership to the acquiring entity, including, but not

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limited to, recording fees and transfer taxes, evidence of title and surveys and legal descriptions,

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penalty costs and other charges for prepaying mortgages entered into in good faith, a pro rata

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share of any prepaid property taxes or assessments for public utilities.

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     (c) Relocation expenses, including, but not limited to, actual, reasonable and necessary

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moving and reestablishment expenses.

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     (d) A parcel of land, impounded or otherwise, taken for a public purpose by eminent

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domain which is not used for the purpose intended shall be offered to the prior owner and/or

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heirs, successors or assigns at the acquisition price prior to being disposed of in any other way

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within ten (10) years from the date the parcel of land is taken.

 

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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 - PROPERTY -- EMINENT

DOMAIN

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     This act would permit the prior owner of a parcel of land taken by eminent domain, but

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unused for the purpose intended, to repurchase at the acquisition price.

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     This act would take effect upon passage.

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