reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-37 - Rhode Island Fair Housing Practices Act › Section 34-37-5.5. - Freedom of condominium owners and apartment renters to display certain religious items.

§ 34-37-5.5. Freedom of condominium owners and apartment renters to display certain religious items.
(a)
Except as otherwise provided by this section, a landlord or owner, as defined in § 34-18-11; a management committee, as defined in § 34-36-3; or an association of unit owners, as defined in § 34-36.1-1.03 (hereinafter “property owners”); may not enforce or adopt a restrictive covenant or otherwise prohibit a unit owner or tenant from displaying or affixing on the entry to the unit owner’s or tenant’s dwelling one or more religious items, the display of which is motivated by the unit owner’s or tenant’s sincere religious belief.
(b)
This section does not prohibit the enforcement or adoption of a covenant that, to the extent allowed by the constitutions of this state and the United States, prohibits the display or affixing of a religious item on the entry to the unit owner’s or tenant’s dwelling that:
(1)
Threatens the public health or safety;
(2)
Violates the provisions of chapter 37 of title 34 or any other state or federal law barring discrimination in housing, or any other law;
(3)
Is in a location other than the entry door or door frame or extends past the outer edge of the door frame of the unit owner’s or resident’s dwelling; or
(4)
Individually, or in combination with each other religious item displayed or affixed on the entry door or door frame, has a total size of greater than twenty-five (25) square inches.
(c)
Except as otherwise provided, this section does not authorize a unit owner or tenant to use a material or color for an entry door or door frame of the owner’s or resident’s dwelling or make an alteration to the entry door or door frame that is not authorized by the restrictive covenant governing the dwelling.
(d)
A property owner’s association may remove an item displayed in violation of a restrictive covenant permitted by this section.
History of Section.
P.L. 2015, ch. 174, § 1; P.L. 2015, ch. 184, § 1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-37 - Rhode Island Fair Housing Practices Act › Section 34-37-7. - Repealed.

§ 34-37-7. Repealed.
History of Section.
P.L. 1965, ch. 27, § 1; P.L. 1988, ch. 455, § 1; P.L. 1990, ch. 398, § 1; Repealed by P.L. 1995, ch. 32, § 3, effective May 22, 1995.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-37 - Rhode Island Fair Housing Practices Act › Section 34-37-8. - Appropriation.

§ 34-37-8. Appropriation.
The general assembly shall annually appropriate such sums as is deemed necessary to carry out the purposes of this chapter; and the state controller is hereby authorized and directed to draw his or her orders upon the general treasurer for the payment of such sum or so much thereof as may be required from time to time upon the receipt by him or her of properly authenticated vouchers.
History of Section.
P.L. 1965, ch. 27, § 1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-37 - Rhode Island Fair Housing Practices Act › Section 34-37-9. - Construction.

§ 34-37-9. Construction.
The provisions of this chapter shall be construed liberally for the accomplishment of the purposes intended and any provisions of any law inconsistent with any provisions hereof shall not apply. Nothing contained in this chapter shall be construed to repeal any of the provisions of any law of the state prohibiting discrimination based on race or color, religion, sex, marital status, military status as a veteran with an honorable discharge or an honorable or general administrative discharge, servicemember in the armed forces, country of ancestral origin, disability, age, or familial status. Nothing contained in this chapter shall restrict the original jurisdiction of the courts to proceed with evictions as provided in chapter 18 of this title.
History of Section.
P.L. 1965, ch. 27, § 1; P.L. 1988, ch. 455, § 1; P.L. 1990, ch. 398, § 1; P.L. 1997, ch. 150, § 8; P.L. 2015, ch. 161, § 1; P.L. 2015, ch. 180, § 1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-37 - Rhode Island Fair Housing Practices Act › Section 34-37-10. - Severability.

§ 34-37-10. Severability.
If any clause, sentence, paragraph, or part of this chapter or the application thereof to any person or circumstance shall, for any reason, be adjudged by a court of competent jurisdiction to be invalid, that judgment shall not affect, impair, or invalidate the remainder of this chapter or its application to other persons or circumstances.
History of Section.
P.L. 1965, ch. 27, § 1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-37.1 - Homeless Bill of Rights › Section 34-37.1-1. - Short title.

§ 34-37.1-1. Short title.
This chapter shall be known and may be cited as the “Homeless Bill of Rights.”
History of Section.
P.L. 2012, ch. 316, § 1; P.L. 2012, ch. 356, § 1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-37.1 - Homeless Bill of Rights › Section 34-37.1-2. - Legislative intent.

§ 34-37.1-2. Legislative intent.
(1)
At the present time, many persons have been rendered homeless as a result of economic hardship, a severe shortage of safe, affordable housing, and a shrinking social safety net.
(2)
Article 1, Section 2 of the Rhode Island State Constitution states in part, that “All free governments are instituted for the protection, safety, and happiness of the people. All laws, therefore, should be made for the good of the whole; and the burdens of the state ought to be fairly distributed among its citizens. No person shall be deprived of life, liberty or property without due process of law, nor shall any person be denied equal protection of the laws.”
(3)
Concordant with this fundamental belief, no person should suffer unnecessarily or be subject to unfair discrimination based on his or her homeless status. It is the intent of this chapter to ameliorate the adverse effects visited upon individuals and our communities when the state’s residents lack a home.
History of Section.
P.L. 2012, ch. 316, § 1; P.L. 2012, ch. 356, § 1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-37.1 - Homeless Bill of Rights › Section 34-37.1-3. - Bill of Rights.

§ 34-37.1-3. Bill of Rights.
No person’s rights, privileges, or access to public services may be denied or abridged solely because he or she is homeless. Such a person shall be granted the same rights and privileges as any other resident of this state. A person experiencing homelessness:
(1)
Has the right to use and move freely in public spaces, including, but not limited to, public sidewalks, public parks, public transportation and public buildings, in the same manner as any other person, and without discrimination on the basis of his or her housing status;
(2)
Has the right to equal treatment by all state and municipal agencies, without discrimination on the basis of housing status;
(3)
Has the right not to face discrimination while seeking or maintaining employment due to his or her lack of permanent mailing address, or his or her mailing address being that of a shelter or social service provider;
(4)
Has the right to emergency medical care free from discrimination based on his or her housing status;
(5)
Has the right to vote, register to vote, and receive documentation necessary to prove identity for voting without discrimination due to his or her housing status;
(6)
Has the right to protection from disclosure of his or her records and information provided to homeless shelters and service providers to state, municipal and private entities without appropriate legal authority; and the right to confidentiality of personal records and information in accordance with all limitations on disclosure established by the Federal Homeless Management Information Systems, the Federal Health Insurance Portability and Accountability Act, and the Federal Violence Against Women Act; and
(7)
Has the right to a reasonable expectation of privacy in his or her personal property to the same extent as personal property in a permanent residence.
History of Section.
P.L. 2012, ch. 316, § 1; P.L. 2012, ch. 356, § 1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-37.1 - Homeless Bill of Rights › Section 34-37.1-4. - Damages and attorney’s fees.

§ 34-37.1-4. Damages and attorney’s fees.
In any civil action alleging a violation of this chapter, the court may award appropriate injunctive and declaratory relief, actual damages, and reasonable attorney’s fees and costs to a prevailing plaintiff.
History of Section.
P.L. 2012, ch. 316, § 1; P.L. 2012, ch. 356, § 1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-37.1 - Homeless Bill of Rights › Section 34-37.1-5. - Definitions.

§ 34-37.1-5. Definitions.
For purposes of this chapter, “housing status” shall have the same meaning as that contained in § 34-37-3.
History of Section.
P.L. 2012, ch. 316, § 1; P.L. 2012, ch. 356, § 1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-37.1 - Homeless Bill of Rights › Section 34-37.1-6. - Homeless persons with service animals — Homeless shelters.

§ 34-37.1-6. Homeless persons with service animals — Homeless shelters.
Nothing in this chapter shall be construed to prohibit persons from entering a homeless shelter while in possession of a service animal as defined in the “Americans with Disabilities Act” (28 C.F.R. § 35.136) and the state and federal “fair housing acts.”
History of Section.
P.L. 2018, ch. 214, § 1; P.L. 2018, ch. 297, § 1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-38 - Regulation of Out of State Real Estate Sales and Dispositions › Section 34-38-1. - Definitions.

§ 34-38-1. Definitions.
Unless the context otherwise requires, the following terms shall be construed in this chapter to have the following meanings:
(1)
“Broker” means a real estate broker duly licensed in this state;
(2)
“Disposition” or “dispose of” means any advertisement, sale, exchange, lease, assignment, award by lottery, or other transaction designed to convey an interest in land, subdivision of land, parcel of real estate, lot, or unit thereof when undertaken for gain or profit;
(3)
“Offer” means every advertisement, inducement, solicitation, or attempt to bring about a disposition;
(4)
“Persons” means an individual, firm, company, association, corporation, government, or governmental subdivision or agency, business trust, estate, trust, partnership, unincorporated association, or organization, two (2) or more of any of the foregoing having a joint or common interest, or any other legal or commercial entity;
(5)
“Purchaser” means a person who acquired an interest in any lot, parcel, or unit in a subdivision;
(6)
“Salesperson” means any person duly licensed in this state as a real estate salesperson;
(7)
“Seller” or “developer” means a person who is engaged in the business of disposition of an interest in any lot, parcel, or unit in a subdivision;
(8)
“Subdivision” means any improved or unimproved land or tract of land located outside this state which is divided or proposed to be divided into five (5) or more lots, parcels, units or interests for the purpose of disposition at any time as part of a common promotional plan. Any land which is under common ownership or which is controlled by a single developer or a group of developers acting in concert, is contiguous in area, and is designated or advertised as a common unit or known by a common name, shall be presumed, without regard to the number of lots, parcels, units, or interests covered by each individual offering, to be part of a common promotional plan;
(9)
“The department” means the Rhode Island department of business regulation and the director thereof or his or her deputy.
History of Section.
P.L. 1972, ch. 56, § 1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-38 - Regulation of Out of State Real Estate Sales and Dispositions › Section 34-38-2. - Exemptions.

§ 34-38-2. Exemptions.
(a)
Unless the method of advertisement, offering or disposition is adopted or taken for the purpose of the evasion of the provisions of this chapter or the provisions of the federal Interstate Land Sales Full Disclosure Act, 15 U.S.C., § 1701 et seq., this chapter shall not apply to the making of any advertisement offer or disposition of any subdivision of lot, parcel, or unit or interest therein:
(1)
By a purchaser of any subdivision, lot, parcel, or unit thereof for his or her own account in a single or isolated transaction;
(2)
To any person who is engaged in the business of the construction of residential, commercial, or industrial buildings, other than any lot, parcel, unit, or interest in any subdivision as defined by § 34-38-1(8) for disposition;
(3)
Pursuant to the order of any court in this state;
(4)
By any government or government agency;
(5)
To any offer or disposition of any evidence of indebtedness secured by way of any mortgage or deed of trust of real estate;
(6)
To securities or units of interest issued by an investment trust regulated under the laws of this state;
(7)
To cemetery lots;
(8)
To the leasing of apartments, offices, stores, or the leasing of similar space within any apartment building, commercial building, or industrial building.
(b)
The department may from time to time, pursuant to rules and regulations issued by it, exempt from any of the provisions of this chapter any subdivision if it finds that the enforcement of the sections with respect to the subdivision or lots, parcels, units, or interests is not necessary in the public interest and for the protection of purchasers by reason of the small amount involved or the limited character of the offering, or because the property has been registered and approved pursuant to the laws of any other state.
(c)
Any subdivision which has been registered under the federal Interstate Land Sales Full Disclosure Act, 15 U.S.C., § 1701 et seq., shall be exempt from the provisions of § 34-38-3 upon filing with the department a certified copy of an effective statement of record filed with the secretary of housing and urban development together with a filing fee of one hundred dollars ($100) in respect of each subdivision covered by the effective statement of record.
History of Section.
P.L. 1972, ch. 56, § 1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-38 - Regulation of Out of State Real Estate Sales and Dispositions › Section 34-38-3. - Filing requirements.

§ 34-38-3. Filing requirements.
Any person or broker proposing to advertise, offer, or dispose of any subdivision or lot, parcel, unit, or interest therein in this state shall first submit to the department:
(1)
Such particulars and details of the subdivision or lots, parcels, units or other interest in any subdivision to be advertised, offered, or to be disposed of as the department may by regulation require, including, but not limited to, a prospectus, property report, or offering statement embodying all the terms relative to the offering and disposition;
(2)
A detailed statement of intended and proposed advertising and sale methods and techniques;
(3)
A completed license application in such form as the department may require; and
(4)
A filing fee of one hundred fifty dollars ($150) in respect of each subdivision to be offered or to be disposed of.
History of Section.
P.L. 1972, ch. 56, § 1; P.L. 2004, ch. 595, art. 30, § 12.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-38 - Regulation of Out of State Real Estate Sales and Dispositions › Section 34-38-4. - Department investigation.

§ 34-38-4. Department investigation.
The department may, prior to issuing any license under this chapter to any person or broker, fully investigate all information placed before it under § 34-38-3 and in addition it may carry out a physical examination, investigation, or inspection of any subdivision which is the subject of the application. In addition, the department shall secure a written appraisal of the value of the properties to be offered both in their existing condition and after promised improvements, if any, from not less than one nor more than five (5) real estate appraisers who are not employees of the seller or any of its competitors, and who shall be selected by the department. All reasonable expenses incurred by the department in carrying out the examination, investigation, or inspection or securing the appraisals shall be paid by the applicant and no license shall be issued until the expenses have been fully paid.
History of Section.
P.L. 1972, ch. 56, § 1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-38 - Regulation of Out of State Real Estate Sales and Dispositions › Section 34-38-5. - Approval or disapproval of filing and issuance of license.

§ 34-38-5. Approval or disapproval of filing and issuance of license.
The department shall, upon completion of its investigation and inspection but, in the absence of any agreement to the contrary between the applicant and the department, in any case not later than three (3) months from the receipt of the completed license application, or receipt of the effective statement of record filed with the secretary of housing and urban development and filed with the department pursuant to § 34-38-2(c), approve or disapprove the prospectus, property report, or offering statement submitted under § 34-38-2(c) or § 34-38-3, as the case may be, and shall, if satisfied that the sale of the properties would not be fraudulent nor result in fraud nor be against the public interest, issue to the applicant a license to advertise, offer, and dispose of in this state the subdivision or parcels, units, or other interests in any subdivision the subject of the application or the effective statement of record; the license shall be valid for one year from the date of issuance and thereafter within thirty (30) days of expiration may be renewed annually upon payment to the department of a fee of one hundred dollars ($100) in respect of each subdivision covered by the license, unless there is a material change affecting the subdivision or lot, parcels, units, or other interest in any subdivision or the offer or disposition thereof, in which case all new facts shall be reported to the department immediately. Upon receipt of the report or in the event that any material change is discovered by or comes to the attention of the department through other sources, the department may, after hearing pursuant to the Administrative Procedures Act, chapter 35 of title 42, take such action as it considers necessary, including the suspension or revocation of the license if justified.
History of Section.
P.L. 1972, ch. 56, § 1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-38 - Regulation of Out of State Real Estate Sales and Dispositions › Section 34-38-6. - Requirements for offer or disposition.

§ 34-38-6. Requirements for offer or disposition.
(a)
No subdivision or lot, parcel, unit, or interest in any subdivision shall be disposed of except through a broker, provided nothing herein shall be deemed to prohibit any broker from employing any salesperson for the specific purpose of offering or disposing of, on behalf of the broker and under contract to him or her any lot, parcel, unit or interest in any subdivision. Prior to any advertising offering or disposition, pursuant to any license granted under this chapter, the name of the broker shall be placed on file with the department.
(b)
A clearly identified copy of the prospectus, property report, or offering statement shall be given to each purchaser by the broker or salesperson prior to the execution of any contract for the disposition of any property. The broker or salesperson shall obtain from the purchaser a signed receipt for a copy of the prospectus, property report, or offering statement and, if a contract for disposition shall be entered into, the receipt shall be kept in the broker’s files for a period of seven (7) years and shall be subject to inspection by the department.
(c)
Any contract or agreement for the disposition of any subdivision or any lot, parcel, unit, or interest in any subdivision not exempt under the provision of § 34-38-2, where the prospectus, property report, or offering statement has not been given to the purchaser more than seventy-two (72) hours in advance of his or her signing the contract or agreement, may be revoked by the purchaser within seventy-two (72) hours after he or she signed the same or after receipt by him or her of the prospectus, property report, or offering statement, whichever is the later, and the contract or agreement shall so provide. Any revocation shall be in writing in a form prescribed by the department and shall be communicated to the broker or the seller within the time limited by this section and all money paid by the purchasers under the revoked contract or agreement shall be returned to him or her immediately by the broker, without any deductions.
History of Section.
P.L. 1972, ch. 56, § 1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-38 - Regulation of Out of State Real Estate Sales and Dispositions › Section 34-38-7. - Advertisement and sale.

§ 34-38-7. Advertisement and sale.
The department may from time to time pursuant to rules and regulations issued by it regulate and approve the methods and techniques permissible and allowable by any person or broker advertising, offering, or disposing of any subdivision or lot, parcel, unit, or interest therein in this state in order to insure that all prospective purchasers may be fully and fairly apprised of the offer or disposition in a manner that permits the purchasers a full opportunity for considered deliberation and evaluation of the offer or disposition.
History of Section.
P.L. 1972, ch. 56, § 1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-38 - Regulation of Out of State Real Estate Sales and Dispositions › Section 34-38-8. - Escrow account.

§ 34-38-8. Escrow account.
All money paid or advanced by a purchaser or lessee or prospective purchaser or prospective lessee in respect of any lot, parcel, unit, or interest in any subdivision, the advertisement, offering, or disposition of which is controlled by this chapter, or such portion thereof as the department may determine is sufficient for the protection of the interests of the purchaser or lessee, shall be deposited by the seller or lessor in an escrow account, approved by the department, in a bank doing business in this state. The money shall remain in such escrow account until:
(1)
A proper and valid release is obtained therefor from the purchasers;
(2)
The owner or subdivider or the purchaser or lessee has defaulted under their contract for sale or lease and the department or the court has made a determination as to the disposition of the money; or
(3)
The owner or subdivider or the seller or lessor orders the return of the money to the purchaser or lessee.
History of Section.
P.L. 1972, ch. 56, § 1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-38 - Regulation of Out of State Real Estate Sales and Dispositions › Section 34-38-9. - Appointment of agent and service of process.

§ 34-38-9. Appointment of agent and service of process.
No seller or developer of out of state land included under the definition in § 34-38-1 shall directly or indirectly transact any business in this state until it shall have appointed in writing the director of business regulation of this state to be its true and lawful attorney for the service of process upon it in any action arising out of its activities under this chapter or proceeding against it may be served with the same legal force and validity as if served on it, which authority shall continue in force as long as any liability remains outstanding against it in this state. Whenever lawful process against a seller or developer included under the provisions of this chapter shall be served upon the director of business regulation, he or she shall forward a copy of the process served upon him or her, by mail, postpaid, and directed to the home office of the seller or developer; for each copy of the process the director of business regulation shall collect the sum of five dollars ($5.00), which shall be paid by the plaintiff at the time of the service, which sum is to be recovered by the plaintiff as part of the taxable costs if he or she prevails in the suit.
History of Section.
P.L. 1972, ch. 56, § 1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-38 - Regulation of Out of State Real Estate Sales and Dispositions › Section 34-38-10. - Violations.

§ 34-38-10. Violations.
Any broker or real estate salesperson, seller, or developer violating any provision of this chapter shall be guilty of a misdemeanor, and upon conviction thereof be fined not more than one hundred dollars ($100) or imprisoned for not more than six (6) months, or both, and shall in addition to any other penalty imposed by law, have his or her real estate broker’s or real estate salesperson’s license suspended or revoked by the department for such time as in the circumstances it considers justified.
History of Section.
P.L. 1972, ch. 56, § 1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-38 - Regulation of Out of State Real Estate Sales and Dispositions › Section 34-38-11. - Applicability.

§ 34-38-11. Applicability.
This chapter shall not apply to time-share interests in real estate or any phase of time-share which shall solely be governed by chapter 41 of this title.
History of Section.
P.L. 1984, ch. 141, § 1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-39 - Conservation and Preservation Restrictions on Real Property › Section 34-39-1. - Purpose.

§ 34-39-1. Purpose.
The purpose of this chapter is to grant a special legal status to conservation restrictions and preservation restrictions so that landowners wishing to protect and preserve real property may do so without uncertainty as to the legal effect and enforceability of those restrictions. This chapter is further intended to provide the people of Rhode Island with the continued diversity of history and landscape that is unique to this state without great expenditures of public funds.
History of Section.
P.L. 1976, ch. 231, § 1.
2023 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.
2023 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 that might cause the termination of the restriction such as, but not limited to, the doctrine of merger and tax delinquency. Conservation or preservation restrictions shall be liberally interpreted in favor of the grants awarded to effect the purposes of those easements and the policies and purpose of this chapter.
(b)
This section shall not be construed to imply that any restriction easement, covenant, or condition that 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 the attorney general’s 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 a 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; P.L. 2023, ch. 29, § 1, effective May 18, 2023; P.L. 2023, ch. 30, § 1, effective May 18, 2023.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-41 - Rhode Island Real Estate Time-Share Act › Article I - General Provisions › 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.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-41 - Rhode Island Real Estate Time-Share Act › Article I - General Provisions › 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.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-41 - Rhode Island Real Estate Time-Share Act › Article I - General Provisions › 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.