2020 -- H 7348

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LC003955

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2020

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A N   A C T

RELATING TO TOWNS AND CITIES

     

     Introduced By: Representatives Edwards, Canario, Speakman, Cassar, and Serpa

     Date Introduced: January 29, 2020

     Referred To: House Municipal Government

     It is enacted by the General Assembly as follows:

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     SECTION 1. Title 45 of the General Laws entitled "TOWNS AND CITIES" is hereby

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amended by adding thereto the following chapter:

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CHAPTER 36.1

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MUNICIPAL PUBLIC TRUST DEDICATION

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     45-36.1-1. Legislative purpose.

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     The purpose of this chapter is to provide a voluntary mechanism for cities and towns to

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use to dedicate a park, conservation or other land that it owns as public trust land in perpetuity in

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order to assure public access to the land for outdoor recreation and to assure that the land is not

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converted to another use and remains predominantly undeveloped and provides open space

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benefits. People rely on their parks and other public open spaces as stable, reliable places of

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comfort, rest, and renewal in their lives. People make decisions on where to reside and work

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based on proximity to these places. They expect that these places will always be there for them.

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This expectation is supported by the Rhode Island Constitution, Article 1, Section 17, which

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states the people:

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     "shall be secure in their rights to the use and enjoyment of the natural resources of the

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state with due regard for the preservation of their values; and it shall be the duty of the general

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assembly to provide for the conservation of the air, land, water, plant, animal, mineral and other

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natural resources of the state, and to adopt all means necessary and proper by law to protect the

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natural environment of the people of the state by providing adequate resource planning for the

 

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control and regulation of the use of the natural resources of the state and for the preservation,

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regeneration and restoration of the natural environment of the state."

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     45-36.1-2. Power to declare municipal land as public trust land.

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     Pursuant to the proper delegation of powers vested in the general assembly by the Rhode

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Island Constitution, Article I, Section 17, cities and towns may formally dedicate any property

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they hold as a public trust land, to be perpetually protected from conversion to another use and

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from development that is inconsistent with the primary recreation, open space and natural

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resource purposes as a natural resource land of the state and as a natural environment for the

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people of the state and to reduce risks of confusion or misunderstanding regarding acceptable and

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non-acceptable uses of land held by a municipality for outdoor recreation, open space benefits

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and natural resource conservation.

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     45-36.1-3. Process for municipal declaration of municipal land as public trust land.

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     Cities and towns may formally dedicate any property they hold as a public trust land, to

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be perpetually protected from conversion to another use and development that is inconsistent with

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its primary purpose as a recreation, open space and/or natural resource land of the state and as a

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natural-environment for the people of the state through a duly approved resolution of a city or

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town council or through any other legally sufficient municipal process. Said resolution or other

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municipal approval shall be recorded in the municipal land evidence records.

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     45-36.1-4. Restrictions applicable to municipal public trust land.

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     Once a city or town dedicates property it holds as a public trust land, such land shall be

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perpetually protected from conversion to another use and development that is inconsistent with its

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primary purpose as a recreation, open space and natural resource land of the state and as a natural

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environment for the people of the state. Acceptable uses of the land so dedicated shall only be

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those that perpetuate outdoor recreation, open space benefits and natural resource conservation on

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the land.

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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 TOWNS AND CITIES

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     This act would create a voluntary mechanism for municipalities to use to dedicate a park,

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conservation or other land they own as public trust land in perpetuity to protect and preserve its

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future use.

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     This act would take effect upon passage.

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