reglab/housing_qa huggingface dataset:
RI Gen L § 34-39-2 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-39 - Conservation and Preservation Restrictions on Real Property|Section 34-39-2 - Definitions.

§ 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.History of Section.P.L. 1976, ch. 231, § 1.
RI Gen L § 34-39-3 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-39 - Conservation and Preservation Restrictions on Real Property|Section 34-39-3 - Restrictions enforceable.

§ 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 such as, but not limited to, the doctrine of merger and tax delinquency.(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.(d) The attorney general, pursuant to his or her inherent authority, may bring an action in the superior court to enforce the public interest in such restrictions.(e) The court in any judicial proceeding, or the decision maker in any arbitration or other alternative dispute resolution proceeding, in addition to any other relief ordered, may award the prevailing party, reasonable attorney's fees and costs incurred in the action or proceeding.(f) A court action affecting a conservation restriction held by a private land trust, as defined in § 42-17.1-2(28)(ii), may only be brought or intervened in by:(1) An owner of property interest in the real property burdened by the conservation restriction;(2) A holder of the conservation restriction;(3) A person having a third-party right of enforcement stated in the recorded conservation restriction; or(4) The attorney general as provided in subsection (d) of this section.History of Section.P.L. 1976, ch. 231, § 1; P.L. 1988, ch. 198, § 1; P.L. 1988, ch. 292, § 1; P.L. 2010, ch. 307, § 1; P.L. 2010, ch. 312, § 1; P.L. 2011, ch. 116, § 1; P.L. 2011, ch. 120, § 1; P.L. 2012, ch. 317, § 1; P.L. 2012, ch. 352, § 1.
RI Gen L § 34-39-4 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-39 - Conservation and Preservation Restrictions on Real Property|Section 34-39-4 - Interests in real estate.

§ 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.History of Section.P.L. 1976, ch. 231, § 1.
RI Gen L § 34-39-5 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-39 - Conservation and Preservation Restrictions on Real Property|Section 34-39-5 - Release of restriction.

§ 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.(c) A conservation or preservation restriction may not be terminated or amended in such a manner as to materially detract from the conservation or preservation values intended for protection without the prior approval of the court in an action in which the attorney general has been made a party. Termination may be approved only when it is found by the court that the conservation or preservation restriction does not serve the public interest or publicly beneficial conservation or preservation purpose, taking into account, among other things, the purposes expressed by the parties in the restriction. An amendment that materially detracts from a specific conservation or preservation value intended for protection may be approved only when it is found by the court that the proposed amendment: is between a separate distinct conservation or preservation restriction holder and the fee landowner; creates a net gain in the overall conservation or preservation purpose for which it was intended; and is consistent with the conservation or preservation purposes expressed by the parties in the restriction and the public conservation or preservation interest. No such approval may be sought except with the consent of the holder. If the value of the landowner's estate is increased by reason of the amendment or termination of a conservation or preservation restriction, that increase shall be paid over to the holder, or to such nonprofit or governmental entity as the court may designate, to be used for the protection of conservation lands or historic resources consistent, as nearly possible, with the stated publicly beneficial conservation or preservation purposes of the restriction.History of Section.P.L. 1976, ch. 231, § 1; P.L. 2011, ch. 116, § 1; P.L. 2011, ch. 120, § 1; P.L. 2016, ch. 78, § 1; P.L. 2016, ch. 80, § 1.
RI Gen L § 34-39-6 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-39 - Conservation and Preservation Restrictions on Real Property|Section 34-39-6 - Use of eminent domain against conservation restrictions.

§ 34-39-6. Use of eminent domain against conservation restrictions.Any state or local agency that is exercising a right of eminent domain over any land which is protected with a conservation restriction or preservation restriction, shall notify the agency or organization that holds the conservation or preservation restriction and the Rhode Island department of environmental management at the same time they are notifying fee property owners of their intentions to condemn the properties. Such notification shall include an explanation of the public purpose for which the land protected by the conservation or preservation restriction is being condemned.History of Section.P.L. 2013, ch. 427, § 1; P.L. 2013, ch. 533, § 1.
RI Gen L § 34-39.1-1 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-39.1 - The Holders of Low and Moderate Income Housing Restrictions Act|Section 34-39.1-1 - Short title.

§ 34-39.1-1. Short title.This act shall be known and may be cited as "The Holders of Low and Moderate Income Housing Restrictions Act".History of Section.P.L. 1991, ch. 237, § 1.
RI Gen L § 34-39.1-2 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-39.1 - The Holders of Low and Moderate Income Housing Restrictions Act|Section 34-39.1-2 - Legislative purpose.

§ 34-39.1-2. Legislative purpose.The general assembly recognizes and declares that there exists in the state of Rhode Island a serious shortage of decent, safe and sanitary housing units available and affordable to persons and families of low and moderate income. The inadequacy in the supply of decent, safe, and sanitary affordable housing endangers the public health and jeopardizes the public safety, general welfare, and good of the entire state. To obtain the benefits of restrictions which seek to preserve and maintain affordable housing, the general assembly does hereby grant special status to the restrictions so a restriction holder may enforce the restrictions without uncertainty as to the legal effect and enforceability of the restrictions.History of Section.P.L. 1991, ch. 237, § 1.
RI Gen L § 34-39.1-3 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-39.1 - The Holders of Low and Moderate Income Housing Restrictions Act|Section 34-39.1-3 - Definitions.

§ 34-39.1-3. Definitions.For purposes of this chapter:(1) "Housing restriction" means any obligation or requirement to maintain real estate affordable for rental to or purchase by low and moderate income citizens of the state or any limitation on the future use or transfer of the real estate, whether stated in the form of a charge, encumbrance, financing instrument, easement, covenant, or condition in any deed, agreement, or other instrument executed by or on behalf of the owner of the real estate.(2) "Restriction holder" means any nonprofit corporation, partnership, association, cooperative, or trust established for the primary purpose of owning, operating, leasing, preserving, or maintaining housing affordable to persons and families of low and moderate income, and entities that provide financing, land, or other benefits related to the development and preservation of affordable housing including, but not limited to, state agencies, municipalities, foundations, Rhode Island housing and mortgage finance corporation, and public housing authorities.History of Section.P.L. 1991, ch. 237, § 1; P.L. 2006, ch. 368, § 4; P.L. 2006, ch. 464, § 4.
RI Gen L § 34-39.1-4 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-39.1 - The Holders of Low and Moderate Income Housing Restrictions Act|Section 34-39.1-4 - Housing restrictions enforceable.

§ 34-39.1-4. Housing restrictions enforceable.(a) No housing restriction, whether presently existing or hereafter created, that is held by a restriction holder shall be unenforceable against an owner or assignee of any real estate subject to the housing restriction because of lack of privity of estate or contract, or lack of benefit to particular land, or on account of any other common law doctrine of property law which might cause the termination of the housing restriction.(b) This section shall not be construed to imply that restriction, charge, encumbrance, easement, covenant, or condition which is not covered hereunder shall, on account of any provisions hereof, be unenforceable.(c) A housing restriction as defined in § 34-39.1-3(a) shall not be subject to the thirty (30) year limitation on restricted covenants provided for in § 34-4-21.(d) A housing restriction as defined in subsection 34-39.1-3(a) shall not be subject to any of the limitations on possibilities of reverter and rights of entry or expirations or invalidity of restrictive covenants provided for in § 34-4-19, 34-4-20, 34-4-22, 34-4-23 or 34-4-26.History of Section.P.L. 1991, ch. 237, § 1; P.L. 2006, ch. 368, § 4; P.L. 2006, ch. 464, § 4.
RI Gen L § 34-39.1-5 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-39.1 - The Holders of Low and Moderate Income Housing Restrictions Act|Section 34-39.1-5 - Interests in real estate.

§ 34-39.1-5. Interests in real estate.Housing restrictions are interests in real estate and may be assigned by the party that holds the housing restriction to any other restriction holder. 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 proceedings in equity.History of Section.P.L. 1991, ch. 237, § 1.
RI Gen L § 34-39.1-6 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-39.1 - The Holders of Low and Moderate Income Housing Restrictions Act|Section 34-39.1-6 - Invalidity of certain restrictive covenants.

§ 34-39.1-6. Invalidity of certain restrictive covenants.Since decent, safe and sanitary housing units available and affordable to persons and families of low and moderate income must by their nature be situated in residential areas, including exclusively residential areas and also mixed use areas, any restrictive covenant or other private legal impediment which directly or indirectly prevents or restricts the establishment of housing subject to a housing restriction as defined in this chapter, excluding conservation restrictions and preservation restrictions as defined in § 34-39-2, shall be void and unenforceable.History of Section.P.L. 2006, ch. 368, § 5; P.L. 2006, ch. 464, § 5.
RI Gen L § 34-40-1 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-40 - Solar Easements|Section 34-40-1 - Definitions.

§ 34-40-1. Definitions.For the purposes of this chapter:(1) "Solar easement" means a right, whether or not stated in the form of restriction, easement, covenant, or conditions in any deed, will, or other instrument executed by or on behalf of any owner of land or solar skyspace for the purpose of ensuring adequate exposure of a solar energy system as defined in § 44-39-1(b)(1).(2) "Solar skyspace" means the space between a solar energy system and the sun which must remain unobstructed such that on any given clear day of the year, not more than ten percent (10%) of the collectible insolation shall be blocked.History of Section.P.L. 1981, ch. 292, § 1.
RI Gen L § 34-40-2 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-40 - Solar Easements|Section 34-40-2 - Creation of solar easements.

§ 34-40-2. Creation of solar easements.(a) Any property owner may grant a solar easement in the same manner and with the same effect as a conveyance of an interest in real property. The solar easements shall be created in writing and shall be subject to the same conveyancing and instrument recording requirements as any other instrument affecting the title of real property. The solar easements shall run with the land or lands benefited and burdened and shall constitute a perpetual easement, absent any terms and/or conditions under which the solar easement is granted or may be terminated.(b) Any instrument creating a solar easement shall include but not be limited to:(1) A description of the real property subject to the solar easement and a description of the real property benefiting from the solar easement;(2) A description of the vertical and horizontal angles, expressed in degrees and measured from the site of the solar energy system, at which the solar easement extends over the real property subject to the solar easement, or any other description which defines the three-dimensional space, or the place in which and times of day during which an obstruction to direct sunlight is prohibited or limited;(3) Any terms and/or conditions under which the solar easement is granted or may be terminated;(4) Any provisions for compensation of the owner of the property benefiting from the solar easement in the event of interference with the enjoyment of the provisions of the solar easement, or any provisions for compensation of the owner of the property subject to the solar easement for maintaining the easement.History of Section.P.L. 1981, ch. 292, § 1.
RI Gen L § 34-41-1.01 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-41 - Rhode Island Real Estate Time-Share Act|Section 34-41-1.01 - Short title.

§ 34-41-1.01. Short title.This chapter may be cited as the "Rhode Island Real Estate Time-Share Act".History of Section.P.L. 1984, ch. 141, § 2.
RI Gen L § 34-41-1.03 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-41 - Rhode Island Real Estate Time-Share Act|Section 34-41-1.03 - Status and taxation of time-share estates.

§ 34-41-1.03. Status and taxation of time-share estates.(a) Except as expressly modified by this chapter and notwithstanding any contrary rule of common law, a grant of an estate in a unit conferring the right of possession during a potentially infinite number of separated time periods creates an estate in fee simple having the character and incidents of such an estate at common law, and a grant of an estate in a unit conferring the right of possession during five (5) or more separated time periods over a finite number of years equal to five (5) or more, including renewal options, creates an estate for years having the character and incidents of such an estate at common law.(b) Each time-share estate constitutes for all purposes a separate estate in real property. Assessments shall be made on the real property value of the interval time-share estates, or on the real property value of the development.(1) Notwithstanding anything herein, and/or notwithstanding any of the provisions of chapter 34-36 ("Condominium Ownership Act"), 34-36.1 ("Rhode Island Condominium Act"), or 34-41 ("Rhode Island Real Estate Time-Share Act") to the contrary the tax assessor may use any identifiable and commonly accepted method of appraisal as a basis for arriving at value conclusions for the interval time-share estate or the development, including, but not limited to, elements of replacement cost, income analysis, and comparable sales of time-share interval estates, similarly configured hotels, and/or real estate developments, with appropriate deductions for personal property, intangible assets, and excess marketing costs, allowing for application of discounted cash flow methodology where appropriate.(2) In making an assessment of the real property value of the interval time-share estates or the development, tax assessor notices of assessment and bills for taxes must be furnished to the managing entity, if any, or otherwise to each time-share owner, but the managing entity is not liable for the taxes as a result thereof. In accordance herein, each municipality is hereby authorized and empowered to exercise all rights and powers for the collection of taxes as are conferred by virtue of title 44.(3) This section shall apply to fee and non-fee time-share real property.(c) A document transferring or encumbering a time-share estate may not be rejected for recordation because of the nature or duration of that estate.History of Section.P.L. 1984, ch. 141, § 2; P.L. 2007, ch. 524, § 1.
RI Gen L § 34-41-1.04 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-41 - Rhode Island Real Estate Time-Share Act|Section 34-41-1.04 - Variation by agreement.

§ 34-41-1.04. Variation by agreement.Except as expressly provided in this chapter, provisions of this chapter may not be varied by agreement, and rights conferred by this chapter may not be waived. A developer may not act under a power of attorney, or use any other device, to evade the limitations or prohibitions of this chapter or of the time-share instrument.History of Section.P.L. 1984, ch. 141, § 2.
RI Gen L § 34-41-1.05 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-41 - Rhode Island Real Estate Time-Share Act|Section 34-41-1.05 - Unconscionable agreement or term of contract.

§ 34-41-1.05. Unconscionable agreement or term of contract.(a) The court, upon finding as a matter of law that a contract or contract clause was unconscionable at the time the contract was made, may refuse to enforce the contract, enforce the remainder of the contract without the unconscionable clause, or limit the application of any unconscionable clause in order to avoid an unconscionable result.(b) Whenever it is claimed, or appears to the court, that a contract or any contract clause is or may be unconscionable, the court, in order to aid the court in making the determination, shall afford the parties a reasonable opportunity to present evidence as to:(1) The commercial setting of the negotiations;(2) Whether a party has knowingly taken advantage of the inability of the other party reasonably to protect his or her interests by reason of physical or mental infirmity, illiteracy, or inability to understand the language of the agreement or similar factors;(3) The effect and purpose of the contract or clause; and(4) If a sale, any gross disparity, at the time of contracting, between the amount charged for the time share and the value of the time share measured by the price at which similar time shares were readily obtainable, but a disparity between the contract price and the value of the time share measured by the price at which a similar time share was readily obtainable in similar transactions does not, of itself, render the contract unconscionable.History of Section.P.L. 1984, ch. 141, § 2.
RI Gen L § 34-41-1.06 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-41 - Rhode Island Real Estate Time-Share Act|Section 34-41-1.06 - Obligation of good faith.

§ 34-41-1.06. Obligation of good faith.Every contract or duty governed by this chapter imposes an obligation of good faith in its performance or enforcement.History of Section.P.L. 1984, ch. 141, § 2.
RI Gen L § 34-41-1.07 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-41 - Rhode Island Real Estate Time-Share Act|Section 34-41-1.07 - Remedies to be liberally administered.

§ 34-41-1.07. Remedies to be liberally administered.(a) The remedies provided by this chapter shall be liberally administered to the end that the aggrieved party is put in as good a position as if the other party had fully performed. However, consequential, special, or punitive damages may not be awarded except as specifically provided in this chapter or by other rule of law.(b) Any right or obligation declared by this chapter is enforceable by judicial proceeding.History of Section.P.L. 1984, ch. 141, § 2.
RI Gen L § 34-41-1.08 (2021)
2021 Rhode Island General Laws|Title 34 - Property|Chapter 34-41 - Rhode Island Real Estate Time-Share Act|Section 34-41-1.08 - Supplemental general principles of law applicable.

§ 34-41-1.08. Supplemental general principles of law applicable.The principles of law and equity, including the law of corporations (and unincorporated associations), the law of real property and the law relative to capacity to contract, principal and agent, eminent domain, estoppel, fraud, misrepresentation, duress, coercion, mistake, receivership, substantial performance, or other validating or invalidating cause supplement the provisions of this chapter, except to the extent inconsistent with this chapter.History of Section.P.L. 1984, ch. 141, § 2.