Section 42-64.12-1. – Short title.

§ 42-64.12-1. Short title. This act shall be known as and may be cited as the “Rhode Island Home and Business Protection Act of 2008.” History of Section.P.L. 2008, ch. 169, § 1.

Section 42-64.12-10. – Temporary easements and partial takings.

§ 42-64.12-10. Temporary easements and partial takings. The planning requirements and the restrictions established by this chapter shall not apply to condemnations for easements or other partial takings for less than five (5) years duration where the effect of the taking is not the ousting of the owner from possession or the displacing of a […]

Section 42-64.12-11. – Severability.

§ 42-64.12-11. Severability. If any provision of this chapter, or the application thereof to any person or circumstances, shall be held invalid, any invalidity shall not affect the provisions of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of the chapter are declared to […]

Section 42-64.12-2. – Legislative findings.

§ 42-64.12-2. Legislative findings. The general assembly finds and declares that: (a) Eminent domain is an inherent and historic attribute of the sovereign power of government and has been affirmed as such by federal and state courts. (b) The general assembly has delegated eminent domain powers over the years to an array of entities including, […]

Section 42-64.12-3. – Purposes of chapter.

§ 42-64.12-3. Purposes of chapter. The purposes of this chapter are to set forth permissible uses of eminent domain power and to define, limit and restrict the use of eminent domain for economic development purposes. History of Section.P.L. 2008, ch. 169, § 1.

Section 42-64.12-4. – Applicability.

§ 42-64.12-4. Applicability. The provisions of this chapter shall apply to all departments, agencies, authorities, corporations, instrumentalities and political subdivisions of the state and to all other entities that have been delegated eminent domain powers by state law. History of Section.P.L. 2008, ch. 169, § 1.

Section 42-64.12-5. – Definitions.

§ 42-64.12-5. Definitions. The following words and phrases when used in this chapter shall have, unless the context clearly indicates otherwise, the meanings given to them in this section: (a) “Economic development” means the mobilization of intellectual, human, capital, physical and natural resources to generate marketable goods and services for purposes including, but not limited […]

Section 42-64.12-6. – Permissible uses of eminent domain powers.

§ 42-64.12-6. Permissible uses of eminent domain powers. All entities delegated eminent domain powers under the laws of this state may exercise such powers consistent with other restrictions and limitations established by law, rule, regulation, or ordinance, to acquire property for the following purposes: (a) Providing for public ownership and use; (b) Providing for transportation […]

Section 42-64.12-7. – Restricted use of eminent domain powers.

§ 42-64.12-7. Restricted use of eminent domain powers. No entity subject to the provisions of the chapter shall exercise eminent powers to acquire any property for economic development purposes unless it has explicit authority to do so and unless it conforms to the provisions of this section. (a) Plan. The entity shall have a plan […]

Section 42-64.12-8. – Compensation for eminent domain takings for economic development purposes.

§ 42-64.12-8. Compensation for eminent domain takings for economic development purposes. Owners of property taken for economic development purposes shall be compensated for: (a) A minimum of one hundred fifty percent (150%) of the fair market value of the real property. (b) Expenses incidental to transfer of ownership to the acquiring entity, including, but not […]

Section 42-64.12-8.1. – Compensation for eminent domain takings for economic development purposes.

§ 42-64.12-8.1. Compensation for eminent domain takings for economic development purposes. Residents who are tenants of property taken for economic development purposes shall be compensated for: (a) A minimum of one hundred fifty percent (150%) of one month’s rent of such dwelling. (b) Relocation expenses, including, but not limited to, actual, reasonable and necessary moving […]

Section 42-64.12-9. – Powers of local redevelopment.

§ 42-64.12-9. Powers of local redevelopment. The provisions of this chapter with the exception of subsection 42-64.12-7(c) shall not be deemed to abrogate or diminish the powers heretofore exercised by local redevelopment agencies, as provided for in chapters 45-31 and 45-32 of the general laws, to undertake redevelopment projects. History of Section.P.L. 2008, ch. 169, […]