§ 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 of Rhode Island with the continued diversity of history and
landscape that is unique to this state without great expenditures of public
funds.
§ 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 instrument executed by or on behalf of
the owner of the area or in any order of taking, which right, limitation, or
obligation is appropriate to retain or maintain the land or water area, or is
appropriate to provide the public the benefit of the unique features of the
land or water area, including improvements thereon predominantly in its
natural, scenic, or open condition, or in agricultural, farming, open space,
wildlife, or forest use, or in other use or condition consistent with the
protection of environmental quality.
(b) A "preservation 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 structure or site historically significant
for its architecture, archaeology, or associations, whether stated in the form
of a restriction, easement, covenant, or condition, in any deed, will, or other
instrument executed by or on behalf of the owner of the structure or site or in
any order of taking, which right, limitation or obligation is appropriate to
the preservation or restoration of the structure or site.
§ 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 entity whose purposes include preservation of structures or sites of
historical significance or of a particular structure or site, shall be
unenforceable against any owner of the restricted land or structure on account
of lack of privity of estate or contract, or lack of benefit to particular
land, or on account of the benefit being assignable or being assigned to any
other governmental body or to any entity with like purposes, or on account of
any other doctrine of property law which might cause the termination of the
restriction.
(b) This section shall not be construed to imply that any
restriction easement, covenant, or condition which is not covered hereunder
shall, on account of any provisions hereof, be unenforceable.
(c) The restrictions shall not be subject to the thirty
year limitation on restrictive covenants provided in § 34-4-21.
§ 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 in equity.
§ 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 § 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.