2018 -- S 2682

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LC005243

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2018

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A N   A C T

RELATING TO PROPERTY - TRESPASS AND ACTIONS FOR POSSESSION

     

     Introduced By: Senators Sosnowski, P Fogarty, Goodwin, and Gallo

     Date Introduced: March 20, 2018

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Chapter 34-20 of the General Laws entitled "Trespass and Actions for

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Possession" is hereby amended by adding thereto the following section:

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     34-20-1.1. Damages for willful encroachment on state, municipal or nonprofit land

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conservation organization open space land - Civil action.

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     (a) Definitions. As used in this section, the following words and terms shall have given to

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them the meanings set forth below, unless the context indicates another or different meaning or

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intent.

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     (1) "Encroach" means to conduct an activity that causes substantial damage or alteration

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to the land or vegetation or other features thereon, including, but not limited to, erecting buildings

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or other structures, constructing roads, driveways or trails, destroying or moving stone walls,

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cutting trees or other vegetation, other than de minimus cutting, removing boundary markers,

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installing lawns or utilities, or using, storing, or depositing vehicles, substantial amounts of

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materials or debris.

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     (2) "Nonprofit land conservation organization" means a not-for-profit entity organized

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with a mission of permanently protecting open space land for conservation purposes.

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     (3) "Open space land" means and includes, but is not limited to, any park, forest, wildlife

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management area, refuge, preserve, sanctuary, green or wildlife area owned, or held pursuant to a

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conservation restriction as defined in ยง 34-39-1 et seq., by the state, a political subdivision of the

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state, or a nonprofit land conservation organization.

 

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     (b) No person may encroach or cause another person to encroach on open space land

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without permission of the owner of such open space land or holder of such conservation

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restriction on said open space land or without other legal authorization.

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     (c) Any owner, or holder of a conservation restriction as defined above in open space

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land, subject to the provisions of subsection (b) of this section, may bring an action in the

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superior court for the county where the land is located against any person who knowingly and

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intentionally violates the provisions of subsection (b) of this section with respect to such owner's

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land or land subject to such conservation restriction. The court shall order any person who

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knowingly and intentionally violates the provisions of subsection (b) of this section to restore the

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land to its condition as it existed prior to such violation or shall award the landowner the costs of

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such restoration, including reasonable management costs necessary to achieve such restoration. In

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addition, the court may award reasonable attorneys' fees and costs and such injunctive or

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equitable relief as the court deems appropriate.

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     (d) In addition to any damages and relief ordered pursuant to subsection (c) of this

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section, the court may award damages of up to five (5) times the cost of restoration or statutory

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damages of up to five thousand dollars ($5,000). In determining the amount of the award, the

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court shall consider the willfulness of the violation, the extent of damage done to natural

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resources, if any, the appraised value of any trees or shrubs damaged, or carried away as

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determined in accordance with the latest revision of The Guide for Plant Appraisal, as published

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by the International Society of Arboriculture, Urbana, Illinois, or a succeeding publisher, any

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economic gain realized by the violator, and any other relevant factors.

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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 PROPERTY - TRESPASS AND ACTIONS FOR POSSESSION

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     This act would prohibit encroachment upon open space land and would allow the owner

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of open space land or the holder of a conservation restriction to bring a civil action in superior

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court to remedy the encroachment of that land, and to recover damages resulting from this

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encroachment.

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     This act would take effect upon passage.

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