Section 34-39-1. – Purpose.

§ 34-39-1. Purpose. The purpose of this chapter is to grant a special legal status to conservation restrictions and preservation restrictions so that landowners wishing to protect and preserve real property may do so without uncertainty as to the legal effect and enforceability of those restrictions. This chapter is further intended to provide the people […]

Section 34-39-2. – Definitions.

§ 34-39-2. Definitions. (a) A “conservation restriction” shall mean a right to prohibit or require a limitation upon or an obligation to perform acts on or with respect to or uses of a land or water area, whether stated in the form of a restriction, easement, covenant, or condition, in any deed, will, or other […]

Section 34-39-3. – Restrictions enforceable.

§ 34-39-3. Restrictions enforceable. (a) No conservation restriction held by any governmental body or by a charitable corporation, association, trust, or other entity whose purposes include conservation of land or water areas or of a particular area, and no preservation restriction held by any governmental body or by a charitable corporation, association, trust, or other […]

Section 34-39-4. – Interests in real estate.

§ 34-39-4. Interests in real estate. Conservation and preservation restrictions are interests in real estate and a document creating a restriction shall be deemed a conveyance of real estate for purposes of chapters 11 and 13 of this title. A restriction may be enforced by an action at law or by injunction or other proceeding […]

Section 34-39-5. – Release of restriction.

§ 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 […]

Section 34-39-6. – Use of eminent domain against conservation restrictions.

§ 34-39-6. Use of eminent domain against conservation restrictions. Any state or local agency that is exercising a right of eminent domain over any land which is protected with a conservation restriction or preservation restriction, shall notify the agency or organization that holds the conservation or preservation restriction and the Rhode Island department of environmental […]