Requires all entities delegated eminent domain powers under this section to adopt a plan and approval prior to exercising such power for a public purpose.
Summary
This bill amends Rhode Island’s eminent domain law to add procedural requirements before any entity with delegated eminent domain authority may use that power for a public purpose. It expands the chapter’s coverage beyond economic development takings and requires a governing-body-approved plan describing the project’s purpose, community benefits, infrastructure needs, any substandard or hazardous conditions, and the parcels to be acquired. The plan must also support a rational-basis finding that the taking primarily benefits the public, with only incidental private benefit.
The bill also requires advance notice to affected property owners and an opportunity to negotiate a mutually agreed price before condemnation proceeds. For economic development takings specifically, local governments would need city or town council approval, and state entities would need approval by an act of the General Assembly, except for temporary easements and certain partial takings. The act would take effect immediately upon passage.
Impact
The bill would broaden and formalize the procedural limits on eminent domain in Rhode Island by applying planning, notice, and approval requirements to public-purpose takings under Chapter 42-64.12, not just economic development takings. It would affect state and local governments, quasi-public entities, and other entities delegated eminent domain authority, while adding new protections and negotiation opportunities for property owners whose land may be acquired.
Sentiment
No committee transcripts or recorded votes were provided, so there is no direct evidence of legislative debate or vote sentiment. Based on the bill text, the measure appears aimed at increasing transparency, public oversight, and property-owner protections in eminent domain proceedings, which would likely appeal to those concerned about government takings and due process. At the same time, it could be viewed as imposing additional hurdles on public projects and redevelopment efforts.
Contention
The main point of contention is likely the balance between public oversight and government flexibility. Supporters would likely favor the added notice, planning, and approval requirements as safeguards against overuse of eminent domain and as protection for property owners. Opponents may argue that the bill creates extra procedural barriers, delays, and uncertainty for infrastructure, redevelopment, and other public projects, especially by requiring legislative approval for state-level economic development takings and local council approval for municipal ones.