AN ACT RELATING TO STATE AFFAIRS AND GOVERNMENT -- EMINENT DOMAIN (Allows the department of environmental management to acquire established foot paths by eminent domain in order to provide public access to streams, rivers, lakes and ponds.)

S2142

2026 -- S 2142
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LC004013
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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 STATE AFFAIRS AND GOVERNMENT -- EMINENT DOMAIN

Introduced By:
Senators LaMountain, and Vargas

Date Introduced:
January 16, 2026

Referred To:
Senate Judiciary
It is enacted by the General Assembly as follows:
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SECTION 1. Section 42-64.12-6 of the General Laws in Chapter 42-64.12 entitled
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"Eminent Domain" is hereby amended to read as follows:
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42-64.12-6. Permissible uses of eminent domain powers.
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All entities delegated eminent domain powers under the laws of this state may exercise
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such powers consistent with other restrictions and limitations established by law, rule, regulation,
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or ordinance, to acquire property for the following purposes:
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(1) Providing for public ownership and use
including, but not limited to, the department of
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environmental management acquiring established foot paths that provide the public with reasonable
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access to streams, rivers, lakes and ponds located within the state for the purpose of environmental
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stewardship, recreational use, and public benefit. In exercising said right, the department shall give
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due deference to any parcel of land currently used for agricultural purposes and shall not acquire
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any interest in such land if doing so would materially interfere with the primary agricultural use of
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the property. The department may allow local community groups to care for and maintain said foot
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paths
;
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(2) Providing for transportation infrastructure including, but not limited to, roads,
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highways, bridges, and associated ramps;
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(3) Providing for public utilities, including telecommunications, and for common carriers;
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(4) Eliminating an identifiable public harm and/or correcting conditions adversely affecting
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public health, safety, morals, or welfare, including, but not limited to, the elimination and

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prevention of blighted and substandard areas, as defined by chapter 31 of title 45, and correcting
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conditions of environmental contamination that pose a significant risk to the public health,
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correcting and repairing facilities, and correcting conditions from damages that result from a
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declared disaster;
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(5) Providing good and marketable title that is free and clear of liens and encumbrances
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when property is to be acquired or is to be conveyed for any of the purposes set forth in subsections
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(1) — (4) of this section.
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SECTION 2. This act shall take effect upon passage.
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO STATE AFFAIRS AND GOVERNMENT -- EMINENT DOMAIN
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This act would allow the department of environmental management to acquire established
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foot paths by eminent domain in order to provide public access to streams, rivers, lakes and ponds.
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This act would take effect upon passage.
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LC004013
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LC004013 - Page 3 of 3