AN ACT RELATING TO PROPERTY -- ESTATES IN REAL PROPERTY (Prohibits restrictive covenants related to grocery stores.)

H8106

2026 -- H 8106
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LC004778
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STATE OF RHODE ISLAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2026
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A N A C T
RELATING TO PROPERTY -- ESTATES IN REAL PROPERTY

Introduced By:
Representative Stephen M. Casey

Date Introduced:
February 27, 2026

Referred To:
House Judiciary
(Lieutenant Governor)
It is enacted by the General Assembly as follows:
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SECTION 1. Chapter 34-4 of the General Laws entitled "Estates in Real Property" is
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hereby amended by adding thereto the following section:
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34-4-31. Prohibition of restrictive covenants related to grocery stores.

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(a) A covenant or restriction concerning the use of land designated as a retail establishment
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where fresh food is regularly and customarily sold in a bona fide manner for off-premises
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consumption including, but not limited to, grocery stores and supermarkets, shall be void and
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unenforceable, except under circumstances as set forth in subsection (b) of this section.
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(b) The prohibition in this section shall not apply to covenants or restrictions on concerning
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the use of land if all of the following conditions are met:
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(1) The land subject to restriction has been used by the seller within the six (6) months
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prior to the date of the agreement for the operation of a retail establishment for the sale of fresh
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food for off-premises consumption including, but not limited to, a grocery store or supermarket
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(hereafter known as the “discontinued site”);
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(2) The seller has identified and purchased land to be used for the operation of a new retail
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establishment for the sale of fresh food for off-premises consumption including, but not limited to,
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a grocery store or supermarket (hereafter known as the “relocated store”);
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(3) The relocated store is similar in size and scope of products sold when compared to the
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discontinued site;
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(4) The relocated store is located within one-half (1/2) mile of the discontinued site;

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(5) Relocation and commencement of operations of the relocated store at the new site
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occurs within one year following closure; and
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(6) The restrictive covenant imposed on the discontinued site does not have a term in excess
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of eighteen months from the date of closure.
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(c) The prohibitions set forth in this section do not apply to restrictive covenants or other
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agreements entered into prior to the effective date of this section.
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(d) If any portion of this section is found by a court of competent jurisdiction to be
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unlawful, such finding shall not affect any other portion of this section not specifically so found.
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SECTION 2. This act shall take effect upon passage.
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LC004778
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO PROPERTY -- ESTATES IN REAL PROPERTY
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This act would prohibit restrictive covenants related to grocery stores.
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This act would take effect upon passage.
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LC004778
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LC004778 - Page 3 of 3