Chapter 078
2016 -- S 2233 SUBSTITUTE A
Enacted 06/16/2016

A N   A C T
RELATING TO PROPERTY -- CONSERVATION AND PRESERVATION RESTRICTIONS ON REAL PROPERTY

Introduced By: Senators DiPalma, Sosnowski, Kettle, and Felag
Date Introduced: January 27, 2016

It is enacted by the General Assembly as follows:
     SECTION 1. Section 34-39-5 of the General Laws in Chapter 34-39 entitled
"Conservation and Preservation Restrictions on Real Property" is hereby amended to read as
follows:
     34-39-5. Release of restriction. -- (a) Subject to the express terms of a conservation or
preservation restriction,: a restriction held by the state may be released in the same manner as
land held by the state may be sold under chapter 7 of title 37,; a restriction held by cities and
towns may be released in the same manner as land held by cities and towns may be sold under ยง
45-2-5,; and a restriction held by any other governmental body may be released in accordance
with applicable statutes, regulations, and procedures.
      (b) A charitable corporation, association, or other entity holding a restriction may release
that restriction in accordance with the express terms of a restriction, applicable bylaws, or charter
provisions of the holding entity, and applicable statutes and regulations.
      (c) A conservation or preservation restriction may not be terminated or amended in such
a manner as to materially detract from the conservation or preservation values intended for
protection, without the prior approval of the court in an action in which the attorney general has
been made a party. Termination or amendment that materially detracts from the conservation or
preservation values intended for protection may be approved only when it is found by the court
that the conservation or preservation restriction, or the provision proposed to be amended, as the
case may be, does not serve the public interest or publicly beneficial conservation or preservation
purpose, taking into account, among other things, the purposes expressed by the parties in the
restriction. An amendment that materially detracts from a specific conservation or preservation
value intended for protection may be approved only when it is found by the court that the
proposed amendment: is between a separate distinct conservation or preservation restriction
holder and the fee landowner; creates a net gain in the overall conservation or preservation
purpose for which it was intended; and is consistent with the conservation or preservation
purposes expressed by the parties in the restriction and the public conservation or preservation
interest. No such approval may be sought except with the consent of the holder. If the value of
the landowner's estate is increased by reason of the amendment or termination of a conservation
or preservation restriction, that increase shall be paid over to the holder, or to such non-profit or
governmental entity as the court may designate, to be used for the protection of conservation
lands or historic resources consistent, as nearly possible, with the stated publicly beneficial
conservation or preservation purposes of the restriction.
     SECTION 2. This act shall take effect upon passage.
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LC003806/SUB A
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