This bill amends Section 34-39-3 of the General Laws to require that conservation and preservation restrictions be enforceable against any owner of the restricted land or structure, regardless of lack of privity of estate or contract, lack of benefit to particular land, or assignment of the benefit to another governmental body or entity. The bill also states that conservation or preservation restrictions should be liberally interpreted in favor of the grants awarded and the purposes of the easements and the chapter. The bill also clarifies that this section does not affect the enforceability of any other restriction easement, covenant, or condition. The attorney general is given the authority to bring an action in court to enforce the public interest in such restrictions. The court or decision maker in any proceeding may award reasonable attorney's fees and costs to the prevailing party. A court action affecting a conservation restriction held by a private land trust may only be brought or intervened in by certain parties, including the owner of the property, the holder of the restriction, a person with a third-party right of enforcement, or the attorney general. The bill takes effect upon passage.

Statutes affected:
5914: 34-39-3