The bill amends Section 34-39-3 of the General Laws in Chapter 34-39, which is titled "Conservation and Preservation Restrictions on Real Property." The amendment includes new language that mandates conservation and preservation restrictions to be liberally interpreted in favor of the grants awarded to effect the purposes of those easements and the policies and purpose of the chapter. This change is intended to strengthen the enforceability of conservation and preservation restrictions by ensuring they are not rendered unenforceable due to various property law doctrines, such as lack of privity, lack of benefit to particular land, assignability of benefits, the doctrine of merger, or tax delinquency.

The bill also clarifies that these restrictions are not subject to the thirty-year limitation on restrictive covenants provided in § 34-4-21 and outlines the authority of the attorney general to enforce the public interest in such restrictions. It specifies who may bring or intervene in court actions affecting conservation restrictions held by a private land trust. Additionally, it allows for the awarding of reasonable attorney’s fees and costs to the prevailing party in judicial proceedings or alternative dispute resolution proceedings involving these restrictions. The act is set to take effect upon passage.

Statutes affected:
5914: 34-39-3