reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-4 - Harbors and Harbor Lines › Section 46-4-6.7. - Town of Little Compton — Powers conferred.

§ 46-4-6.7. Town of Little Compton — Powers conferred.
(a)
The provisions of § 46-22-14, or any other provisions of the general laws notwithstanding, and in addition to any authority and powers conferred upon the town council of the town of Little Compton, authority shall also be granted to the town council of the town of Little Compton to enact ordinances as the town council may deem necessary or desirable for the enforcement of any rules and regulations established by the town council governing the public waters within its jurisdiction, and to regulate by ordinance the speed, management, and control of all vessels and objects and the size, type, location, and use of all anchorages and moorages within the public waters within the confines of the town, including, without limiting the generality of the foregoing, the authority and power to regulate waterskiing upon any of the public waters; to designate upon a map of the public waters within the town the places where permanent or temporary moorings or anchorages may be maintained; to assign moorings; to remove moorings; to collect fees for the use of moorings, the fees to be recovered for use by the town of Little Compton; to provide for minimum mooring specifications, to provide for inspection of moorings; to provide regulations for houseboats that are not self-propelled; to regulate the location and placement of lobster pots, fish traps, and other fishing gear; to provide regulations for regattas, races, marine parades, tournaments, and exhibitions; to provide for the removal of wrecks and derelicts or abandoned boats or docks; to provide for the regulation of skin diving and scuba diving; to prevent littering and pollution of its public waters; and to impose penalties for violation of the ordinances not exceeding in amount one hundred dollars ($100) or imprisonment not exceeding ten (10) days in some jail or house of correction for any one offense and the fines to be recovered to the use of the town.
(b)
No powers or duties granted herein shall be construed to abrogate the powers or duties granted to the coastal resources management council as provided in chapter 23 of this title.
History of Section.
P.L. 1978, ch. 29, § 1; P.L. 2007, ch. 340, § 38.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-4 - Harbors and Harbor Lines › Section 46-4-6.8. - Town of Narragansett — Powers conferred.

§ 46-4-6.8. Town of Narragansett — Powers conferred.
(a)
The provisions of § 46-22-14 or any other provisions of the general laws notwithstanding and in addition to any authority and powers conferred upon the town council of the town of Narragansett, authority shall also be granted to the town council of the town of Narragansett to authorize the appointment of a harbormaster, assistant harbormasters, and a Harbor Management Committee and to enact such ordinances as the town council may deem necessary or desirable for the enforcement and supervision of any ordinances, rules, and regulations governing the public waters within its jurisdiction, to regulate by ordinance the speed, management, and control of all vessels and the size, type, location, and use of all anchorages and moorings within the public waters within the confines of the town including, without limiting the generality of the foregoing, the authority and power to prohibit waterskiing of any of the public waters, to provide for the regulation of skin diving, and scuba diving, to designate upon a map of the public waters within the town the places where permanent or temporary moorings or anchorages may be maintained, to assign moorings, to remove moorings, to set and collect a fee for the use of moorings, to provide for minimum mooring specifications, to provide regulations for houseboats that are not self-propelled, to provide regulations for regattas, races, marine parades, tournaments, and exhibitions, to provide for the removal of wrecks or derelicts or abandoned boats or docks, and to impose penalties for violation of the ordinances, not exceeding in amount one hundred dollars ($100) or imprisonment not exceeding ten (10) days for any one offense, the fines to be recovered to the use of the town. The town council shall also have the authority to recover the cost of removing any wreck or derelicts or abandoned boats or docks from the owner or persons responsible for the wrecks, derelicts, abandoned boats, or docks by suit in either the district court or the superior court of Washington County.
(b)
No powers or duties granted herein shall be construed to abrogate the powers or duties granted to the coastal resources management council as provided in chapter 23 of this title.
History of Section.
P.L. 1978, ch. 268, § 1; P.L. 1993, ch. 162, § 1; P.L. 2007, ch. 340, § 38.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-4 - Harbors and Harbor Lines › Section 46-4-6.9. - Town of Jamestown — Powers conferred.

§ 46-4-6.9. Town of Jamestown — Powers conferred.
(a)
The provisions of § 46-22-14, or any other provisions notwithstanding, and in addition to any authority and powers conferred upon the town council of the town of Jamestown, authority shall also be granted to the town council of the town of Jamestown to enact ordinances as the town council may deem necessary or desirable for the enforcement and supervision of any rules and regulations established by the town council governing the public waters within its jurisdiction, and to regulate by ordinance the speed, management, and control of all vessels and the size, type, location, and use of all anchorages and moorages within the public waters within the confines of the town, including, without limiting the generality of the foregoing, the authority and power to regulate waterskiing upon any of the public waters; to designate upon a map of the public waters within the town the places where permanent or temporary moorings or anchorages may be maintained; to assign moorings; to remove moorings; to collect fees for the use of moorings; to provide for minimum mooring specifications; to provide for inspection of moorings; to provide regulations for houseboats that are not self-propelled; to provide regulations for regattas, races, marine parades, tournaments, and exhibitions; to provide for the removal of wrecks or derelict or abandoned boats or docks; to provide for the regulation of skin diving and scuba diving; and to impose penalties for violation of the ordinances not exceeding in amount one hundred dollars ($100) or imprisonment not exceeding ten (10) days in some jail or house of correction for any one offense and the fines to be recovered to the use of the town.
(b)
No powers or duties granted herein shall be construed to abrogate the powers or duties granted to the coastal resources management council as provided in chapter 23 of this title, as amended.
History of Section.
P.L. 1983, ch. 258, § 1; P.L. 2007, ch. 340, § 38.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-4 - Harbors and Harbor Lines › Section 46-4-6.10. - Town of New Shoreham — Powers conferred.

§ 46-4-6.10. Town of New Shoreham — Powers conferred.
(a)
The provisions of § 46-22-14, or any other provisions of the general laws notwithstanding, and in addition to any authority or powers conferred upon the town council of the town of New Shoreham authority shall also be granted to the town council of the town of New Shoreham to authorize it for the appointment of a harbormaster and by ordinance grant such authority as the town council may deem necessary to the harbormaster for the enforcement and supervision of any ordinances, rules, and regulations governing the public waters within its jurisdiction, and to regulate by ordinance the speed, management, and control of all vessels, and the size, type, location, and use of all anchorages and moorings within the public waters within the confines of the town, including, without limiting the generality of the foregoing, the authority and power to prohibit waterskiing on any public waters, to designate upon a map of the public waters within the town, the places where permanent or temporary moorings or anchorages may be maintained, to assign moorings, to remove moorings, to collect a fee for the use of moorings, to provide regulations for houseboats that are not self-propelled, to provide regulations for regattas, races, marine parades, tournaments, and exhibitions, to provide for the removal of wrecks or derelicts or abandoned boats or docks, and to impose penalties for violators of the ordinances, not to exceed in amount one hundred dollars ($100) or imprisonment not exceeding ten (10) days in some jail or house of correction, for any one offense, the fines to be recovered to the use of the town. The town council shall also have the authority to recover the cost of removing any wreck or derelicts or abandoned boats or docks from the owner or persons responsible for the wrecks, derelicts, abandoned boats, or docks by suit in either the district court or the superior court of Washington County.
(b)
No powers or duties granted herein shall be construed to abrogate the powers or duties granted to the coastal resources management council as provided in chapter 23 of this title, as amended.
History of Section.
P.L. 1984, ch. 375, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-4 - Harbors and Harbor Lines › Section 46-4-6.11. - Town of Charlestown — Powers conferred.

§ 46-4-6.11. Town of Charlestown — Powers conferred.
(a)
In addition to any authority or powers conferred upon the town council of the town of Charlestown, authority shall also be granted to the town council of the town of Charlestown to authorize it for the appointment of a harbormaster and by ordinance grant such authority as the town council may deem necessary to the harbormaster for the enforcement and supervision of any ordinances, rules, and regulations governing the public waters within its jurisdiction, and to regulate by ordinance the speed, management, and control of all vessels, and the size, type, location, and use of all anchorages and moorings within the public waters within the confines of the town, including, without limiting the generality of the foregoing, the authority and power to prohibit waterskiing on any said public waters, to designate upon a map of the public waters within the town, the places where permanent or temporary moorings or anchorages may be maintained, to assign moorings, to remove moorings, to collect a fee for the use of moorings, to provide regulations for houseboats that are not self-propelled, to provide regulations for regattas, races, marine parades, tournaments, and exhibitions, to provide for the removal of wrecks or derelicts or abandoned boats, and to impose penalties for violators of the ordinances, not to exceed in amount one hundred dollars ($100) or imprisonment not exceeding ten (10) days in some jail or house of correction, for any one offense, the fines to be recovered to the use of the town. The town council shall also have the authority to recover the cost of removing any wreck or derelicts or abandoned boats from the owner or persons responsible for the wrecks, derelicts, or abandoned boats by suit in either the district court or the superior court of Washington County.
(b)
No powers or duties granted herein shall be construed to abrogate the powers or duties granted to the coastal resources management council as provided in chapter 23 of this title, as amended.
History of Section.
P.L. 1985, ch. 232, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-4 - Harbors and Harbor Lines › Section 46-4-6.12. - Town of Middletown — Powers conferred.

§ 46-4-6.12. Town of Middletown — Powers conferred.
(a)
The provisions of § 46-22-14, or any other provisions of the general laws notwithstanding, and in addition to any authority and powers conferred upon the town council of the town of Middletown, authority shall also be granted to the town council of the town of Middletown to authorize for the appointment of a harbormaster and by ordinance grant such authority as the town council may deem necessary to the harbormaster for the enforcement and supervision of any ordinances, rules, and regulations governing the public waters within its jurisdiction, to regulate by ordinance the speed, management, and control of all vessels, both wind and power, and the number, size, type, location, and use of all anchorages and moorings within the public waters within the confines of the town including, without limiting the generality of the foregoing, the authority and power to prohibit waterskiing on any of the public waters, to provide for the regulation of skin diving and scuba diving, to designate upon a map of the public waters within the towns the places where permanent or temporary moorings or anchorages may be maintained, to assign moorings, to remove moorings, to set and collect a fee for the use of moorings, to provide for minimum mooring specifications, to provide regulations for houseboats that are not self-propelled, to provide regulations for regattas, races, marine parades, tournaments, and exhibitions, to provide for the removal of wrecks or derelict or abandoned boats or docks, and to impose penalties for violation of the ordinances, not exceeding in amount one hundred dollars ($100) or imprisonment not exceeding ten (10) days in some jail or house of correction, for any one offense, the fines to be recovered to the use of said town.
(b)
No powers or duties granted herein shall be construed to abrogate the powers or duties granted to the coastal resources management council as provided in chapter 23 of this title.
History of Section.
P.L. 1986, ch. 356, § 1; P.L. 2007, ch. 340, § 38.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-4 - Harbors and Harbor Lines › Section 46-4-6.13. - Town of Portsmouth — Powers conferred.

§ 46-4-6.13. Town of Portsmouth — Powers conferred.
(a)
The provisions of § 46-22-14 or any other provisions of the general laws notwithstanding, and in addition to any authority and powers conferred upon the town council of the town of Portsmouth authority shall also be granted to the town council of the town of Portsmouth to authorize for the appointment of a harbormaster and by ordinance grant such authority as the town council may deem necessary to the harbormaster for the enforcement and supervision of any ordinances, rules, and regulations governing the public waters within its jurisdiction, to regulate by ordinance the speed, management, and control of all vessels, both wind and power, and the number, size, type, location, and use of all anchorages and moorings within the public waters within the confines of the town, including, without limiting the generality of the foregoing, the authority and power to prohibit waterskiing on any of the public waters, to provide for the regulation of skin diving and scuba diving, to designate upon a map of the public waters within the town the places where permanent or temporary moorings or anchorages may be maintained, to assign moorings, to remove moorings, to set and collect a fee for the use of moorings, to provide for minimum mooring specifications, to provide regulations for houseboats that are not self-propelled, to provide regulations for regattas, races, marine parades, tournaments, and exhibitions, to provide for the removal of wrecks or derelict or abandoned boats or docks, and to impose penalties for violation of the ordinances, not exceeding in amount one hundred dollars ($100) or imprisonment not exceeding ten (10) days in some jail or house of correction, for any one offense, the fines to be recovered to the use of the town.
(b)
No powers or duties granted herein shall be construed to abrogate the powers or duties granted to the coastal resources management council as provided in chapter 23 of this title and, further, the provisions of this section shall not affect the location or assignment of any moorings existing on June 27, 1986, except that those deemed by the harbormaster to be located at an unacceptable site shall be moved should he or she so order.
History of Section.
P.L. 1986, ch. 462, § 1; P.L. 2007, ch. 340, § 38.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-4 - Harbors and Harbor Lines › Section 46-4-6.14. - Town of East Greenwich — Powers conferred.

§ 46-4-6.14. Town of East Greenwich — Powers conferred.
(a)
The provisions of § 46-22-14, or any other provisions of the general laws notwithstanding, and in addition to any authority and powers conferred upon the town council of the town of East Greenwich, authority shall also be granted to the town council of the town of East Greenwich to authorize for the appointment of a harbormaster and by ordinance grant such authority as the town council may deem necessary to the harbormaster for the enforcement and supervision of any ordinances, rules, and regulations governing the public waters within its jurisdiction, to regulate by ordinance the speed, management, and control of all vessels, both wind and power, and the number, size, type, location, and use of all anchorages and moorings within the public waters within the confines of the town including, without limiting the generality of the foregoing, the authority and power to prohibit waterskiing on any of the public waters, to provide for the regulation of skindiving and scubadiving, to designate upon a map of the public waters within the town the places where permanent or temporary moorings or anchorages may be maintained, to assign moorings, to remove moorings, to set and collect a fee for the use of moorings, to provide for minimum mooring specifications, to provide regulations for houseboats that are not self-propelled, to provide regulations for regattas, races, marine parades, tournaments, and exhibitions, to provide for the removal of wrecks or derelict or abandoned boats or docks, and to impose penalties for violation of the ordinances, not exceeding in amount one hundred dollars ($100) or imprisonment not exceeding ten (10) days in some jail or house of correction, for any one offense, the fines to be recovered to the use of the town.
(b)
No powers or duties granted herein shall be construed to abrogate the powers or duties granted to the coastal resources management council as provided in chapter 23 of this title.
History of Section.
P.L. 1987, ch. 201, § 1; P.L. 2007, ch. 340, § 38.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-4 - Harbors and Harbor Lines › Section 46-4-6.15. - Town of Cranston — Powers conferred.

§ 46-4-6.15. Town of Cranston — Powers conferred.
(a)
The provisions of § 46-22-14, or any other provisions of the general laws notwithstanding, and in addition to any authority and powers conferred upon the city council of the city of Cranston, authority shall also be granted to the city council of the city of Cranston to authorize for the appointment of a harbormaster and by ordinance grant such authority as the said city council may deem necessary to the harbormaster for the enforcement and supervision of any ordinances, rules and regulations governing the public waters within its jurisdiction, to regulate by ordinance the speed, management and control of all vessels, both wind and power, and the number, size, type, location and use of all anchorages and moorings within the public waters within the confines of the city including, without limiting the generality of the foregoing, the authority and power to prohibit waterskiing on any of the public waters, to provide for the regulation of skin diving and scuba diving, to designate upon a map of the public waters within the city the places where permanent or temporary moorings or anchorages may be maintained, to assign moorings, to remove moorings, to set and collect a fee for the use of moorings, to provide for minimum mooring specifications, to provide regulations for houseboats that are not self-propelled, to provide regulations for regattas, races, marine parades, tournaments, and exhibitions, to provide for the removal of wrecks or derelict or abandoned boats or docks, and to impose penalties for violation of the ordinances, not exceeding in an amount of one hundred dollars ($100) or imprisonment not exceeding ten (10) days in some jail or house of correction, for any one offense, the fines to be recovered to the use of the city.
(b)
No powers or duties granted herein shall be construed to abrogate the powers or duties granted to the coastal resources management council as provided in chapter 23 of this title.
History of Section.
P.L. 1990, ch. 140, § 1; P.L. 1990, ch. 290, § 1; P.L. 2007, ch. 340, § 38.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-4 - Harbors and Harbor Lines › Section 46-4-6.16. - Town of Warren — Powers conferred.

§ 46-4-6.16. Town of Warren — Powers conferred.
(a)
The provision of § 46-22-14 or any other provisions of the general laws notwithstanding and in addition to any authority and powers conferred upon the town council of the town of Warren, authority shall also be granted to the town council of the town of Warren to authorize for the appointment of a harbormaster and by ordinance grant such authority as the town council may deem necessary to the harbormaster for the enforcement and supervision of any ordinances, rules, and regulations governing the public waters within its jurisdiction, to regulate by ordinance the speed, management, and control of all vessels, both wind and power, and the number, size, type, location, and use of all anchorages and moorings within the public waters within the confines of the town including, without limiting the generality of the foregoing, the authority and power to prohibit waterskiing on any of the public waters, to provide for the regulation of skin diving and scuba diving, to designate upon a map of the public waters within the town the places where permanent or temporary moorings or anchorages may be maintained, to assign moorings, to remove moorings, to set and collect a fee for the use of moorings, to provide for minimum mooring specifications, to provide regulations for houseboats that are not self-propelled, to provide regulations for regattas, races, marine parades, tournaments, and exhibitions, to provide for the removal of wrecks or derelict or abandoned boats or docks, and to impose penalties for violation of the ordinances, not exceeding in amount one hundred dollars ($100) or imprisonment not exceeding ten (10) days in some jail or house of correction, for any one offense, the fines to be recovered to the use of said town.
(b)
No powers or duties granted herein shall be construed to abrogate the powers or duties granted to the coastal resources management council as provided in chapter 23 of this title.
History of Section.
P.L. 1998, ch. 355, § 1; P.L. 2007, ch. 340, § 38.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-4 - Harbors and Harbor Lines › Section 46-4-6.17. - Town of Westerly — Powers conferred.

§ 46-4-6.17. Town of Westerly — Powers conferred.
(a)
The provisions of § 46-22-14, or any other provisions of the general laws notwithstanding, and in addition to any authority and powers conferred upon the town council of the town of Westerly, authority shall also be granted to the town council of the town of Westerly to authorize for the appointment of a harbormaster and by ordinance grant such authority as the town council may deem necessary to the harbormaster for the enforcement and supervision of any ordinances, rules, and regulations governing the public waters within its jurisdiction, to regulate by ordinance the speed, management, and control of all vessels, both wind and power, and the number, size, type, location, and use of all anchorages and moorings within the public waters within the confines of the town including, without limiting the generality of the foregoing, the authority and power to prohibit water-skiing on any of the public waters, to provide for the regulation of skin diving and scuba diving, to designate upon a map of the public waters within the towns the places where permanent or temporary moorings or anchorages may be maintained, to assign moorings, to remove moorings, to set and collect a fee for the use of moorings, to provide for minimum mooring specifications, to provide regulations for houseboats that are not self-propelled, to provide regulations for regattas, races, marine parades, tournaments, and exhibitions, to provide for the removal of wrecks or derelict or abandoned boats or docks, and to impose penalties for violation of the ordinances, not exceeding in amount one hundred dollars ($100) or imprisonment not exceeding ten (10) days in some jail or house of correction, for any one offense, the fines to be recovered to the use of said town.
(b)
No powers or duties granted herein shall be construed to abrogate the powers or duties granted to the coastal resources management council as provided in chapter 23 of this title.
History of Section.
P.L. 1998, ch. 23, § 1; P.L. 1998, ch. 210, § 1; P.L. 2007, ch. 340, § 38.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-4 - Harbors and Harbor Lines › Section 46-4-7. - Town of East Providence — Powers conferred.

§ 46-4-7. Town of East Providence — Powers conferred.
In addition to any authority and powers conferred upon city or town councils by this title, the city council of East Providence is hereby further authorized to regulate by ordinance speed limits, management, and control of all vessels on the public waters within the jurisdiction of the city, the size, type, location, and use of all anchorages and moorings, fix permit fees for anchorages and moorings, and to provide penalties, in accordance with the provisions of § 46-4-4, for the violation of any of the provisions of the ordinances pertaining thereto.
History of Section.
P.L. 1962, ch. 236, § 3.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-4 - Harbors and Harbor Lines › Section 46-4-8. - Authority reserved to the state director of the department of environmental management.

§ 46-4-8. Authority reserved to the state director of the department of environmental management.
The provisions of §§ 46-4-5 — 46-4-7 shall not supersede the authority and jurisdiction over the public tidewaters of this state which are vested in the state director of the department of environmental management under this title.
History of Section.
P.L. 1962, ch. 236, § 3.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-5 - Construction of Port Facilities › Section 46-5-1. - Power to acquire land along tidewater.

§ 46-5-1. Power to acquire land along tidewater.
The department of environmental management is authorized to acquire in fee simple from the state as authorized in § 46-5-1.1 or in the name of the state for the use and benefit of the public, by purchase or condemnation or by lease from time to time, any portion of real property, tide-flowed lands, plats, terms, easements, privileges, foreshore, riparian, and littoral rights of the owner or owners of them, bordering on tidewater in the state and as much of the uplands adjacent to the tide lands as the director of the department of environmental management deems expedient.
History of Section.
P.L. 1910, ch. 568, § 4; P.L. 1910, ch. 643, § 1; G.L. 1923, ch. 149, § 28; G.L. 1938, ch. 112, § 27; P.L. 1945, ch. 1650, § 1; G.L. 1956, § 46-5-1; P.L. 2000, ch. 314, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-5 - Construction of Port Facilities › Section 46-5-1.1. - Permission to conduct filling activity distinguished from grants of rights and property interest in the filled area.

§ 46-5-1.1. Permission to conduct filling activity distinguished from grants of rights and property interest in the filled area.
(a)
It is the policy of the state of Rhode Island that the state’s permission to fill tidelands is separate and distinct from the state’s granting of a right, title, or interest in and to the resulting filled area. Furthermore, it is the policy of the state of Rhode Island that the state permission to use tidal lands is separate and distinct from the state’s conveyance of its fee title estate, or any real estate interest, in the tidal lands. Any title to a free hold estate may be conveyed only by a valid legislative grant for public trust purposes by direct enactment of the general assembly as specified in this chapter. Moreover, any leasehold interest or license to use those lands may only arise under the authority of the general assembly whether exercised by the general assembly itself or exercised pursuant to a valid delegation to a duly authorized instrumentality of the state. Any state permission to use tidal lands belonging to the state shall be deemed to create only a revocable license interest unless a greater interest is clearly intended by the permission and the requirements of this chapter for the creation of that greater interest are met.
(b)
It is intended that there shall be no acquiring of any right or title whatsoever to these public lands by adverse possession or by a acquiescence of the sovereign. It is further intended that there shall be no acquiring of any right or title to any freehold estate to these public lands by any permit or approval to conduct fill activity, however denominated or manifested, or by any other means, including through the leasing and licensing of these public lands, except solely by grant and enactment of the general assembly as provided in this chapter for a use that benefits the public under the public trust doctrine. Without impairing any right, title, or interest that may have previously vested, any placement of fill to a harbor line or other filling of tidal lands, which has not been commenced and completed as of the date of the enactment of this section [July 18, 2000], shall not be effective as conveying the state’s title nor as a limitation on the public trust.
(c)
Nothing in this section shall be construed to limit, impair, increase, or add to the ownership rights or title in any filled lands which vested prior to the enactment of this section [July 18, 2000].
History of Section.
P.L. 2000, ch. 314, § 2; P.L. 2007, ch. 340, § 39.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-5 - Construction of Port Facilities › Section 46-5-2. - Filing of description, plat, and statement as to land to be condemned.

§ 46-5-2. Filing of description, plat, and statement as to land to be condemned.
Whenever the department of environmental management has decided to take by condemnation such land or any estate or interest in land, and the phrase
“such land”
as used in §§ 46-5-2 — 46-5-8 shall be deemed to describe and apply to whatever land or estate or interest in land is condemned hereunder, the department of environmental management shall cause to be filed in the records of land evidence of the city or town where such land is situated a description and plat of such land and also a statement that such land is taken pursuant to the provisions of this chapter, which description, plat, and statement shall be signed by the director of the department of environmental management.
History of Section.
G.L. 1938, ch. 112, § 27; P.L. 1945, ch. 1650, § 1; G.L. 1956, § 46-5-2.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-5 - Construction of Port Facilities › Section 46-5-3. - Vesting of title to land taken.

§ 46-5-3. Vesting of title to land taken.
Upon the filing of the description, plat, and statement, the title to and immediate right of possession of such land shall vest in the state of Rhode Island in fee simple unless a lesser estate or interest therein is specified in the statement as taken by the department of environmental management, in which last case, title to and right of possession of such land shall vest in the state to the extent and according to the nature of the title therein taken.
History of Section.
G.L. 1938, ch. 112, § 27; P.L. 1945, ch. 1650, § 1; G.L. 1956, § 46-5-3.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-5 - Construction of Port Facilities › Section 46-5-4. - Service and publication of notice of taking of land.

§ 46-5-4. Service and publication of notice of taking of land.
After the filing of the description, plat, and statement, notice of the taking of such land shall be served upon the owner of or persons having an estate and interest in such land by the sheriff or any deputy sheriff for the county in which such land is situated by leaving a true and attested copy of the description and statement with each of the owners or persons personally, or at his or her last usual place of abode in this state with some person living there, and in case any such owner or person is absent from the state and has no last or usual place of abode therein occupied by any person, a copy shall be left with the persons, if any, in charge of or having possession of such land of the absent owner or person, and another copy thereof shall be mailed to the address of the absent owner or person if the address is known to the officer, and after the filing of the description, plat, and statement, the department of environmental management shall cause a copy of the description and statement to be published in some newspaper or newspapers published or having general circulation in the county where such land is located at least once a week for three (3) successive weeks.
History of Section.
G.L. 1938, ch. 112, § 27; P.L. 1945, ch. 1650, § 1; G.L. 1956, § 46-5-4.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-5 - Construction of Port Facilities › Section 46-5-5. - Payment of agreed price.

§ 46-5-5. Payment of agreed price.
If any party shall agree with the department of environmental management to the price for his or her estate or interest in any such land, that price shall be paid to him or her forthwith out of the funds appropriated and available thereof.
History of Section.
P.L. 1910, ch. 568, § 4; P.L. 1910, ch. 643, § 1; G.L. 1923, ch. 149, § 28; G.L. 1938, ch. 112, § 27; P.L. 1945, ch. 1650, § 1; G.L. 1956, § 46-5-5.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-5 - Construction of Port Facilities › Section 46-5-6. - Jury assessment of damages — Consolidation of claims for trial.

§ 46-5-6. Jury assessment of damages — Consolidation of claims for trial.
Any owner or person who cannot agree with the department of environmental management to the price for his or her estate or interest in any such land may, within six (6) months after personal notice of the taking, or if he or she has had no personal notice, within one year from the filing of the description, plat, and statement, apply by petition to the superior court for one of the counties in which the land is located, setting forth the taking of his or her land or his or her estate or interest in such land and praying for an assessment of damages by a jury. Upon the filing of the petition, the court shall cause twenty (20) days’ notice of the pendency thereof to be given to the department of environmental management by serving its director with a certified copy thereof, and, thereafterwards, the cause shall be conducted as other civil actions of law are tried including the right to except rulings, to move for a new trial and prosecute an appeal, and, upon recovery of final judgment therein, execution shall be issued therefor and shall forthwith be paid by the general treasurer out of the funds appropriated and available therefor, but the verdict and the judgment entered thereon shall not include any item of interest for any period during which such land is actually occupied or enjoyed by the owner or owners thereof. In case two (2) or more petitioners make claim to the same land or to any estate or interest therein or to different estates or interests in the same parcel of land, the court shall, upon motion, consolidate their several petitions for trial and frame all necessary issues therefor.
History of Section.
G.L. 1938, ch. 112, § 27; P.L. 1945, ch. 1650, § 1; G.L. 1956, § 46-5-6.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-5 - Construction of Port Facilities › Section 46-5-7. - Late filing of petition for jury trial.

§ 46-5-7. Late filing of petition for jury trial.
The court may, in its discretion, permit the filing of the petition subsequent to one year from the filing of the description, plat, and statement, unless the petitioner therein has had actual notice of the taking of the land in which the petitioner claims an interest in season to have filed his or her petition within the year, and unless the state has then paid some other person for the estate or interest or become liable to pay for the estate or interest under a judgment rendered against the state under the provisions of this chapter.
History of Section.
G.L. 1938, ch. 112, § 27; P.L. 1945, ch. 1650, § 1; G.L. 1956, § 46-5-7.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-5 - Construction of Port Facilities › Section 46-5-8. - Representation of infants and incompetents.

§ 46-5-8. Representation of infants and incompetents.
If any infant or person not capable by law to act in his or her own behalf by the owner of any estate or interest in any land so taken, the court, upon the filing therein of a petition by or in behalf of the infant or other person, may appoint a guardian ad litem for the infant or other person, and the guardian may appear and be heard in behalf of the infant or other person; and the guardian may also, with the advice and consent of the court, and upon such terms as the court may prescribe, release to the state all claims for damages for and to the estate or interest in the land. Any lawfully appointed, qualified, and acting guardian of the estate of any infant or other person, with the approval of the court of probate within this state having jurisdiction to authorize the sale of land within this state of the infant or other person, may, before the filing of the petition, agree with the department of environmental management upon the amount of damages suffered by the infant or other person by any taking hereunder of his or her land or any estate or interest in his or her land, and may, upon receiving that amount, release to the state all claims of damages of the infant or the other person for the taking.
History of Section.
G.L. 1938, ch. 112, § 27; P.L. 1945, ch. 1650, § 1; G.L. 1956, § 46-5-8.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-5 - Construction of Port Facilities › Section 46-5-9. - Construction of port facilities — Rates for services.

§ 46-5-9. Construction of port facilities — Rates for services.
The director of the department of environmental management may, after the acquirement by the state of any property, tide-flowed lands, flats, terms, easements, privileges, littoral, and riparian rights of any owner or owners, either by purchase or by process of law, proceed to fill, improve, reclaim, and use any or all of the lands, may build and construct wharves, piers, bulkheads, slips, docks, and basins, and dredge, improve, and deepen the channels and approaches thereto, and for these purposes may request the division of purchases to make contracts for the filling and improvement of the property and lands and for the construction of the wharves, piers, bulkheads, slips, docks, and basins, and may, from time to time, employ such persons as may be necessary in the work of filling and improving the property and land, and the construction, repair, and maintenance of the improvements and structure thereof, and when any wharves, piers, bulkheads, slips, docks, and basins shall have been completed by the director under the provisions of this chapter and shall be open to the public use, the director may establish, publish, and regulate the rates and charges for the wharfage, cranage, and dockage of all vessels admitted thereto, and may alter such rates and charges from time to time as the necessities of trade shall require and authorize, and as to the director may seem proper.
History of Section.
P.L. 1910, ch. 568, § 7; G.L. 1923, ch. 149, § 29; G.L. 1938, ch. 112, § 28; impl. am. P.L. 1939, ch. 660, § 100; G.L. 1956, § 46-5-9.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-5 - Construction of Port Facilities › Section 46-5-10. - Lease of facilities.

§ 46-5-10. Lease of facilities.
The director may from time to time, in the name of the state of Rhode Island, lease any property, whether improved or unimproved, acquired by purchase or by the process of law, and storage facilities, wharves, piers, bulkheads, docks, sheds, warehouses, and industrial locations within the director’s charge, for such term or terms not exceeding twenty (20) years, except for the port of Galilee, in which property may be leased for a term of up to forty (40) years and for any rent and with such provisions and covenants as to the director shall seem to be advantageous to the state.
History of Section.
P.L. 1910, ch. 568, § 8; P.L. 1912, ch. 810, § 1; G.L. 1923, ch. 149, § 30; G.L. 1938, ch. 112, § 29; impl. am. P.L. 1939, ch. 660, § 100; G.L. 1956, § 46-5-10; P.L. 1979, ch. 251, § 2; P.L. 2001, ch. 39, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-5 - Construction of Port Facilities › Section 46-5-11. - Control and management of public facilities.

§ 46-5-11. Control and management of public facilities.
The director shall retain under his or her own control and management and in his or her own possession, for use by the public for the transient needs and purposes of such vessels as shall from time to time come to the port of Providence, a portion of the property, wharves, piers, and docks sufficient for the transient needs and purposes of the vessels so coming to the port of Providence.
History of Section.
P.L. 1910, ch. 568, § 9; G.L. 1923, ch. 149, § 31; G.L. 1938, ch. 112, § 30; impl. am. P.L. 1939, ch. 660, § 100; G.L. 1956, § 46-5-11.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-5 - Construction of Port Facilities › Section 46-5-12. - Rules and regulations — Penalty for violation.

§ 46-5-12. Rules and regulations — Penalty for violation.
(a)
The director shall establish and enforce such proper rules and regulations for the government and proper care of all the property acquired under this chapter, whether improved or unimproved, as the director shall deem best, and shall furnish a copy of the rules and regulations to all persons using or occupying the land, property, or any portion thereof, and shall make all needful orders necessary to carry out the provisions of this chapter, and shall fix penalties for disobeying the rules, regulations, or orders, and shall also file in his or her office a copy of all rules, regulations, and orders adopted by the director.
(b)
Any person who shall violate any rule, regulation, or order of the department, a copy thereof shall have been theretofore filed in the office of the director of the department of environmental management, shall, upon conviction thereof, be fined not exceeding five hundred dollars ($500), or imprisoned not exceeding thirty (30) days, or both, in the discretion of the court.
History of Section.
P.L. 1910, ch. 568, § 10; G.L. 1923, ch. 149, § 32; G.L. 1938, ch. 112, § 31; impl. am. P.L. 1939, ch. 660, § 100; G.L. 1956, § 46-5-12; P.L. 2007, ch. 340, § 39.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-5 - Construction of Port Facilities › Section 46-5-13. - Disposition of revenues.

§ 46-5-13. Disposition of revenues.
All moneys paid for the wharfage, cranage, or dockage of vessels, all rents and other moneys paid to the state, from whatever source, on account of the use of any of the property, improved or unimproved, acquired in the name of and on behalf of the state by the department, shall be paid to the general treasurer by the director.
History of Section.
P.L. 1910, ch. 568, § 11; G.L. 1923, ch. 149, § 33; G.L. 1938, ch. 112, § 32; impl. am. P.L. 1939, ch. 660, § 100; G.L. 1956, § 46-5-13.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-5 - Construction of Port Facilities › Section 46-5-14. - Operation of facilities for public use.

§ 46-5-14. Operation of facilities for public use.
When any of the wharves, piers, bulkheads, slips, docks, basins, and other property, or any part thereof built, constructed, improved, or acquired by the department, shall have been completed and shall be ready for use, the director may, in his or her discretion, open the wharves, piers, bulkheads, slips, docks, basins, and other property, or any part thereof, to public use, and the director may employ such engineers, assistants, agents, clerks, and other persons as the director may deem necessary for the care, management, and maintenance of the wharves, piers, bulkheads, slips, docks, basins, and other property, and for the promotion and development of the public use thereof, and the general assembly shall annually appropriate such sum as it may deem necessary for the purposes enumerated in this section.
History of Section.
P.L. 1910, ch. 568, § 12; P.L. 1915, ch. 1223, § 1; G.L. 1923, ch. 149, § 34; P.L. 1925, ch. 574, § 1; G.L. 1938, ch. 112, § 33; impl. am. P.L. 1939, ch. 660, § 100; G.L. 1956, § 46-5-14.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-5 - Construction of Port Facilities › Section 46-5-15. - Disposition of lands no longer needed.

§ 46-5-15. Disposition of lands no longer needed.
The director of the department of environmental management, when he or she shall deem any land or interests in land acquired or taken under the provisions of this chapter to be no longer required for the purposes of this chapter, may:
(1)
With the consent of the person or persons from whom the land or interests were obtained, or their heirs, successors, or assigns, convey the land or any part thereof with or without suitable restrictions by executing and recording a deed thereof, which deed shall be duly executed on behalf of the state by the director of the department of environmental management, and the recorded deed shall thereby revest the title to the land or interests in land so conveyed in the persons, their heirs, successors, and assigns, in whom it was vested at the time of the taking, and the fair market value of the land or interests in land so conveyed at the time of the conveyance may be pleaded in mitigation of damages in any proceedings instituted on account of the taking; or
(2)
Lease or sell and convey the land with or without suitable restrictions for such consideration as may be fixed by the director of the department of environmental management, by executing and delivering a lease or deed thereof, which lease or deed shall be executed on behalf of the state by the director; provided, however, the person or persons in whom the title to the land was vested at the time the land was acquired under the provisions of this chapter, shall, if living, and if the land was so acquired within the preceding five (5) years, have the prior right to lease, purchase, or reinvest himself or herself or themselves, as the case may be, of the land before the land may be leased, sold, or conveyed as provided by this section. The prior right shall be conclusively presumed to have been waived in the event that a written offer to lease, sell, or reconvey the land, containing the terms and conditions of the offer, shall have been sent by registered or certified mail to the last known address of the person or persons, and the offer shall not have been accepted within thirty (30) days from the date of the mailing.
History of Section.
G.L. 1938, ch. 112, § 36; P.L. 1949, ch. 2385, § 3; impl. am. P.L. 1956, ch. 3717, § 1; G.L. 1956, § 46-5-15.