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 | |
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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: | |
1 | SECTION 1. Title 45 of the General Laws entitled "TOWNS AND CITIES" is hereby |
2 | amended by adding thereto the following chapter: |
3 | CHAPTER 36.1 |
4 | MUNICIPAL PUBLIC TRUST DEDICATION |
5 | 45-36.1-1. Legislative purpose. |
6 | The purpose of this chapter is to provide a voluntary mechanism for cities and towns to |
7 | use to dedicate a park, conservation or other land that it owns as public trust land in perpetuity in |
8 | order to assure public access to the land for outdoor recreation and to assure that the land is not |
9 | converted to another use and remains predominantly undeveloped and provides open space |
10 | benefits. People rely on their parks and other public open spaces as stable, reliable places of |
11 | comfort, rest, and renewal in their lives. People make decisions on where to reside and work |
12 | based on proximity to these places. They expect that these places will always be there for them. |
13 | This expectation is supported by the Rhode Island Constitution, Article 1, Section 17, which |
14 | states the people: |
15 | "shall be secure in their rights to the use and enjoyment of the natural resources of the |
16 | state with due regard for the preservation of their values; and it shall be the duty of the general |
17 | assembly to provide for the conservation of the air, land, water, plant, animal, mineral and other |
18 | natural resources of the state, and to adopt all means necessary and proper by law to protect the |
19 | natural environment of the people of the state by providing adequate resource planning for the |
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1 | control and regulation of the use of the natural resources of the state and for the preservation, |
2 | regeneration and restoration of the natural environment of the state." |
3 | 45-36.1-2. Power to declare municipal land as public trust land. |
4 | Pursuant to the proper delegation of powers vested in the general assembly by the Rhode |
5 | Island Constitution, Article I, Section 17, cities and towns may formally dedicate any property |
6 | they hold as a public trust land, to be perpetually protected from conversion to another use and |
7 | from development that is inconsistent with the primary recreation, open space and natural |
8 | resource purposes as a natural resource land of the state and as a natural environment for the |
9 | people of the state and to reduce risks of confusion or misunderstanding regarding acceptable and |
10 | non-acceptable uses of land held by a municipality for outdoor recreation, open space benefits |
11 | and natural resource conservation. |
12 | 45-36.1-3. Process for municipal declaration of municipal land as public trust land. |
13 | Cities and towns may formally dedicate any property they hold as a public trust land, to |
14 | be perpetually protected from conversion to another use and development that is inconsistent with |
15 | its primary purpose as a recreation, open space and/or natural resource land of the state and as a |
16 | natural-environment for the people of the state through a duly approved resolution of a city or |
17 | town council or through any other legally sufficient municipal process. Said resolution or other |
18 | municipal approval shall be recorded in the municipal land evidence records. |
19 | 45-36.1-4. Restrictions applicable to municipal public trust land. |
20 | Once a city or town dedicates property it holds as a public trust land, such land shall be |
21 | perpetually protected from conversion to another use and development that is inconsistent with its |
22 | primary purpose as a recreation, open space and natural resource land of the state and as a natural |
23 | environment for the people of the state. Acceptable uses of the land so dedicated shall only be |
24 | those that perpetuate outdoor recreation, open space benefits and natural resource conservation on |
25 | the land. |
26 | 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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1 | This act would create a voluntary mechanism for municipalities to use to dedicate a park, |
2 | conservation or other land they own as public trust land in perpetuity to protect and preserve its |
3 | future use. |
4 | This act would take effect upon passage. |
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