Rhode Island 2022 Regular Session

Rhode Island House Bill H7455

Introduced
2/11/22  

Caption

Conservation And Preservation Restrictions On Real Property

Impact

The passing of H7455 would significantly impact the enforcement of conservation and preservation easements in Rhode Island. By liberalizing the interpretation of these restrictions, the bill enhances the ability of both governmental entities and charitable organizations to ensure the ongoing protection of land and structures deemed significant for conservation or historical purposes. This change could lead to more effective management of the state's environmental and historical assets, contributing to sustainable development practices.

Summary

House Bill 7455 aims to amend existing laws regarding conservation and preservation restrictions on real property in Rhode Island. The bill seeks to ensure that restrictions held by governmental bodies or charitable organizations for conservation or preservation purposes remain enforceable, regardless of certain legal obstacles, such as the lack of privity of estate or contract. This amendment would also clarify that these restrictions are not subject to the thirty-year limitation that typically applies to restrictive covenants, thus providing more long-term security to conservation efforts.

Contention

While the bill generally receives support from environmentalists and conservation advocates, there may be concerns regarding the potential overreach of governmental bodies in enforcing such restrictions. Critics might argue that increased enforcement capabilities could infringe on private property rights or hinder land development opportunities. These discussions could center around balancing the need for environmental protection against the rights of property owners.

Enforcement

Another crucial aspect of H7455 is the provision allowing the Attorney General to intervene in enforcement actions regarding conservation restrictions. This means that the state has an explicit role in upholding conservation agreements, which could lead to increased awareness and adherence to preservation efforts. However, this could also raise questions about the limits of state involvement in private property matters and the potential for increased legal disputes over conservation easements.

Companion Bills

No companion bills found.

Previously Filed As

RI HB528

Property Owners' Assoc. Act; managed conservation landscaping, unreasonable restrictions prohibited.

RI A1620

Directs DEP to lift conservation restrictions imposed as condition of CAFRA permit under certain conditions.

RI S3377

Directs DEP to lift conservation restrictions imposed as condition of CAFRA permit under certain conditions.

RI HB1710

Relating To Historic Preservation.

RI HF632

Property with conservation restrictions or easements allowed valuation reductions, and technical corrections made.

RI HB1605

REAL PROP CONSERVATION RIGHTS

RI SB1

Real Property; Agricultural Lands; HDOA; AG; Restrictions on Foreign Ownership; Appropriations

RI SB15

Relating To Historic Preservation.

RI HB24

AN ACT relating to conservation.

RI S0028

Exempts from property taxation, the real and tangible personal property of the Providence Preservation Society.

Similar Bills

IL HB1575

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HI SB104

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NJ A4351

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NJ A4292

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CA AB1857

Unlawfully restrictive covenants: grocery stores and supermarkets.

NV AB167

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HI HB1284

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