CHAPTER 401
2002-S 2545
Enacted 06/28/2002


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RELATING TO THE DEPARTMENT OF THE ATTORNEY GENERAL

 

Introduced By: Senators Polisena, and Damiani

 

Date Introduced: February 05, 2002

It is enacted by the General Assembly as follows:

SECTION 1. Section 42-9-7 of the General Laws in Chapter 42-9 entitled "Department of Attorney General" is hereby amended to read as follows:

42-9-7. Approval of land titles and conveyances. -- Whenever an appropriation is available for the purpose of purchasing or acquiring land, the officer, board, division, department, or commission authorized to make the purchase or to acquire the land shall not accept any deed nor shall the state controller draw his or her orders upon the general treasurer for the payment for the land until the attorney general has approved the form of deed and certified that the land is free from all encumbrances said officer, board, division, department or commission has obtained an acceptable policy of title insurance covering said real estate. No easement or right-of-way shall be construed to be an encumbrance within the meaning of the preceding sentence.

SECTION 2. Section 37-6-12 of the General Laws in Chapter 37-6 entitled "Acquisition of Land" is hereby amended to read as follows:

37-6-12. Examination of title by attorney general -- Acquisition of title insurance. -- No public money shall be expended upon any site or land purchased by, devised to, or conveyed as a gift to the state until the written opinion of the attorney general shall be had in favor of the validity of the title. The recorder of deeds, if there be one, and the city clerk of any city and the town clerk of any town shall, upon request of the attorney general, furnish without cost, such assistance and information as is in his or her power in relation to the titles of real estate lying within his or her city or town. The attorney general may, in his or her discretion, base any opinion as to the validity of title to be acquired upon a certificate of title of a title insurance company doing business in this state or upon such evidence of title as he or she may deem satisfactory. If the attorney general shall deem it desirable, he or she may The attorney general shall require the state purchasing agent to engage a title insurance company doing business within this state to furnish a certificate of title or to issue to the state a policy of title insurance covering the real estate, and the expense of procuring the certificate or title insurance policy shall be paid out of the appropriation made to the acquiring authority for the acquisition. No public money shall be expended upon any site or land purchased by, devised to, or conveyed as a gift to the state until the acquisition of such certificate of title or policy of title insurance.

SECTION 3. This act shall take effect upon passage.


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