reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-41 - Rhode Island Real Estate Time-Share Act › Article IV - Protection of Purchasers › Section 34-41-4.11. - Express warranties of quality.

§ 34-41-4.11. Express warranties of quality.
(a)
Express warranties made by any seller to a purchaser of a time share, if relied upon by the purchaser, are created as follows:
(1)
Any affirmation of fact or promise which relates to the time share, the time-share unit, rights appurtenant to either, area improvements that would directly benefit the time share, or the right to use or have the benefit of facilities not located on the time-share unit, creates an express warranty that the time share, the time-share unit, and related rights and uses will conform to the affirmation or promise;
(2)
Any model or description of the physical characteristics of the time-share property, including plans and specifications of or for improvements, creates an express warranty that the property will substantially conform to the model or description;
(3)
Any description of the quantity or extent of the real estate constituting the time-share property, including plats or surveys, creates an express warranty that the property will conform to the description, subject to customary tolerances; and
(4)
A provision that a purchaser may put a time-share unit only to a specified use is an express warranty that the specified use is lawful.
(b)
Neither formal words, such as “warranty” or “guarantee,” nor a specific intention to make a warranty, is necessary to create an express warranty of quality, but a statement purporting to be merely an opinion or commendation of the time share, the time-share unit, or the value of either does not create a warranty.
(c)
Any transfer of a time share transfers to the purchaser all express warranties of quality made by previous sellers.
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 IV - Protection of Purchasers › Section 34-41-4.12. - Implied warranties of quality.

§ 34-41-4.12. Implied warranties of quality.
(a)
A developer and any person in the business of selling real estate for his or her own account warrants that a time-share unit will be in at least as good condition at the earlier of the time of the transfer or of the delivery of possession as it was at the time of contracting, reasonable wear and tear excepted.
(b)
A developer and any person in the business of selling real estate for his or her own account impliedly warrants that a time-share unit and any other real property the time-share owners have a right to use in conjunction therewith are suitable for the ordinary uses of real estate of its type and that any improvements made or contracted for by him or her, or made by any person before transfer, will be:
(1)
Free from defective materials; and
(2)
Constructed in accordance with applicable law, according to sound engineering and construction standards, and in a workerlike manner.
(c)
In addition, a developer warrants to a purchaser of a time share that an existing use of the time-share unit, continuation of which is contemplated by the parties, does not violate applicable law at the earlier of the time of transfer or of the delivery of possession.
(d)
Warranties imposed by this section may be excluded or modified as provided in § 34-41-4.13.
(e)
For purposes of this section, improvements made or contracted for by an affiliate of a developer are made or contracted for by the developer.
(f)
Any transfer of a time share transfers to the purchaser all of any developer’s implied warranties of quality.
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 IV - Protection of Purchasers › Section 34-41-4.13. - Exclusion or modification of implied warranties of quality.

§ 34-41-4.13. Exclusion or modification of implied warranties of quality.
(a)
Except as limited by subsection (b) with respect to a purchaser of a time share in a time-share unit that may be used as a dwelling or for recreational purposes, implied warranties of quality:
(1)
May be excluded or modified by agreement of the parties; and
(2)
Are excluded by expression of disclaimer, such as “as is”, “with all faults”, or other language that in common understanding calls the purchaser’s attention to the exclusion of warranties.
(b)
With respect to a purchaser of a time share in a time-share unit that may be used as a dwelling or for recreational purposes, no general disclaimer of implied warranties of quality is effective, but a developer may disclaim liability in an instrument signed by the purchaser for a specified defect or specified failure to comply with applicable law if the existence of the defect or failure entered into and became a part of the basis of the bargain.
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 IV - Protection of Purchasers › Section 34-41-4.14. - Statute of limitation for warranties.

§ 34-41-4.14. Statute of limitation for warranties.
(a)
A judicial proceeding for breach of any obligation arising under § 34-41-4.11 or 34-41-4.12 must be commenced within ten (10) years after the cause of action accrues, but the parties may agree to reduce the period of limitation to not less than five (5) years. With respect to a time-share unit that may be used as a dwelling or for recreational purposes, an agreement to reduce the period of limitation must be evidenced by a separate instrument executed by the purchaser.
(b)
Subject to subsection (c), a cause of action for breach of warranty of quality, regardless of the purchaser’s lack of knowledge of the breach accrues, unless extended by agreement:
(1)
As to a unit, at the time of the first transfer of a time share therein by the seller to a bona fide purchaser; and
(2)
As to other improvements, at the time each is completed.
(c)
If a warranty of quality explicitly extends to future performance or duration of any improvement or component of the property, the cause of action accrues at the time the breach is discovered or at the end of the period for which the warranty explicitly extends, whichever is earlier.
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 IV - Protection of Purchasers › Section 34-41-4.15. - Effect of violations on rights of action.

§ 34-41-4.15. Effect of violations on rights of action.
If a developer or any other person subject to this chapter fails to comply with any provision of this chapter or of the time-share instrument, any person or class of persons adversely affected by the failure to comply has a claim for appropriate relief.
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 IV - Protection of Purchasers › Section 34-41-4.16. - Labeling of promotional material.

§ 34-41-4.16. Labeling of promotional material.
If any improvement in the time-share property is not required to be built, no promotional material may be displayed or delivered to prospective purchasers which describes or portrays that improvement unless the description or portrayal of the improvement is conspicuously labeled or identified as “NEED NOT BE BUILT.”
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 IV - Protection of Purchasers › Section 34-41-4.17. - Developer’s obligation to complete.

§ 34-41-4.17. Developer’s obligation to complete.
The developer shall complete all promised improvements described in the time-share instrument and promotional materials.
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 IV - Protection of Purchasers › Section 34-41-4.18. - Substantial completion of units.

§ 34-41-4.18. Substantial completion of units.
In the case of a sale of a time share interest unit where delivery of a public offering statement is required, a contract of sale may be executed, but no interest in that unit may be conveyed or finally transferred until the unit is substantially completed, as evidenced by a recorded certificate of substantial completion executed by an independent registered architect or engineer, or by issuance of a certificate of occupancy authorized by law.
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 V - Administration and Registration › Section 34-41-5.01. - Administrative agency.

§ 34-41-5.01. Administrative agency.
As used in this chapter, “agency” means the Rhode Island department of business regulation.
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 V - Administration and Registration › Section 34-41-5.02. - Registration required.

§ 34-41-5.02. Registration required.
A developer may not offer or transfer a time share unless the time share is registered with the agency, but an offering by a developer of time shares in no more than one time-share unit at any one time is exempted from the requirement of this section and § 34-41-5.03(b).
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 V - Administration and Registration › Section 34-41-5.03. - Application for registration — Approval of uncompleted units.

§ 34-41-5.03. Application for registration — Approval of uncompleted units.
(a)
For the purposes of this section, “substantially completed” means that all structural components and mechanical systems of all buildings constituting or containing any time-share units or portions thereof are finished in accordance with the plans, as evidenced by a recorded certificate of completion executed by an independent registered engineer, surveyor, or architect.
(b)
An application for registration must contain the information and be accompanied by any reasonable fees required by the agency. A developer shall promptly file amendments to report any actual or expected material change in any document or information contained in his or her application.
(c)
If a developer files with the agency the time-share instrument or proposed time-share instrument, or an amendment or proposed amendment to the time-share instrument, describing time-share units consisting in whole or in part of buildings or portions of buildings that have not been substantially completed, the developer shall also file with the agency:
(1)
A verified statement showing all costs involved in completing the time-share property;
(2)
A verified estimate of the time of completion of construction of the time-share property;
(3)
Satisfactory evidence that he or she has sufficient funds to cover all costs to complete the time-share property;
(4)
A copy of the executed construction contract and any other contracts for the completion of the time-share property;
(5)
If purchasers’ funds are to be utilized for the construction of the time-share property, the developer shall also file with the agency:
(i)
Proof of a hundred percent (100%) payment and performance bond running to the developer covering the cost of construction of the time-share property; and
(ii)
An executed copy of the escrow agreement with an escrow company or financial institution authorized to do business within the state which provides:
(A)
That disbursements of purchasers’ funds may be made from time to time to pay for construction of the time-share property, architectural, engineering, finance, marketing and legal fees, and other costs for the completion of the time-share property in proportion to the value of the work completed by the contractor as certified by an independent registered architect or engineer, on bills submitted and approved by the lender of construction funds or the escrow agent;
(B)
That disbursement of the balance of purchasers’ funds remaining after completion of the time-share property may be made only after the escrow agent or lender receives satisfactory evidence that the period for filing mechanics’ and materialmen’s liens has expired, the right to claim those liens has been waived, or adequate provision has been made for satisfaction of any claimed mechanic’s or materialman’s lien.
History of Section.
P.L. 1984, ch. 141, § 2; P.L. 1985, ch. 11, § 1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-41 - Rhode Island Real Estate Time-Share Act › Article V - Administration and Registration › Section 34-41-5.04. - Receipt of application — Order of registration.

§ 34-41-5.04. Receipt of application — Order of registration.
The agency shall acknowledge receipt of an application for registration within five (5) business days after receiving it. The registration shall be made available to the general public for inspection thereafter.
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 V - Administration and Registration › Section 34-41-5.05. - Annual report and amendments.

§ 34-41-5.05. Annual report and amendments.
(a)
A developer within thirty (30) days after the anniversary date of the order of registration, annually shall file a report to bring up to date the material contained in the application for registration and the public offering statement. This provision does not relieve the developer of the obligation to file amendments pursuant to subsection (b).
(b)
A developer promptly shall file amendments to the public offering statement with the agency.
(c)
If an annual report reveals that a developer owns or controls time shares representing less than twenty-five percent (25%) of the time shares in the time-share units and that a developer has no power to increase the number of time shares in the units, the agency shall issue an order relieving the developer of any further obligation to file annual reports.
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 V - Administration and Registration › Section 34-41-5.06. - Agency regulation of public offering statement.

§ 34-41-5.06. Agency regulation of public offering statement.
(a)
The agency at any time may require a developer to alter or supplement the form or substance of a public offering statement to assure adequate and accurate disclosure to prospective purchasers.
(b)
The public offering statement may not be used for any promotional purpose before registration and afterwards only if it is used in its entirety. No person may advertise or represent that the agency has approved or recommended the time shares, the disclosure statement, or any of the documents contained in the application for registration.
(c)
In the case of any time-share property situated wholly outside of this state, no application for registration or proposed public offering statement filed with the agency which has been approved by an agency of the state in which the time-share property is located and substantially complies with the requirements of this chapter may be rejected by the agency on the grounds of non-compliance with any different or additional requirements imposed by this chapter or by the agency. However, the agency may require additional documents or information in particular cases to assure adequate and accurate disclosure to prospective purchasers.
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 V - Administration and Registration › Section 34-41-5.07. - Civil sanctions.

§ 34-41-5.07. Civil sanctions.
Any person, partnership, or corporation who violates any of the provisions of this chapter, or who fails to comply with any of the provisions of this chapter, shall be subject to civil liability by any person or class of persons who have been adversely affected by the failure of the person, partnership or corporation to comply with the provisions of this chapter and further, any person or class of persons adversely affected by failure to comply may claim a right of action for appropriate relief in a court of competent jurisdiction.
History of Section.
P.L. 1984, ch. 141, § 2.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-42 - Self-Service Storage Facilities › Section 34-42-3. - Owner’s lien.

§ 34-42-3. Owner’s lien.
(a)
The owner of a self-service storage facility and his or her heirs, executors, administrators, successors, and assigns shall have a lien on all personal property located at a self-service storage facility for rent, labor, insurance, or other valid charges, present or future, in relation to the personal property stored, and for expenses necessary for the preservation of the personal property or reasonably incurred in its sale pursuant to law. The lien attaches as of the date the personal property is stored in the self-service storage facility, and the rental agreement shall contain a conspicuous statement notifying the occupant of the existence of the lien.
(b)
The owner loses its lien on any personal property that it voluntarily delivers or that it unjustifiably refuses to deliver.
History of Section.
P.L. 1985, ch. 401, § 1; P.L. 2012, ch. 102, § 1; P.L. 2012, ch. 107, § 1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-42 - Self-Service Storage Facilities › Section 34-42-5. - Construction of chapter.

§ 34-42-5. Construction of chapter.
Nothing in this chapter shall be construed to impair or affect the right of the parties to create additional rights, duties, and obligations in and by virtue of the rental agreement. The rights provided by this chapter shall be in addition to all other rights allowed by law to a creditor against a debtor.
History of Section.
P.L. 1985, ch. 401, § 1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-42 - Self-Service Storage Facilities › Section 34-42-6. - Savings clause.

§ 34-42-6. Savings clause.
All rental agreements entered into before June 28, 1985, and not extended or renewed after that date, and the rights, duties, and interests flowing from them shall remain valid and may be enforced or terminated in accordance with their terms or as permitted by any other provisions of the general or public laws.
History of Section.
P.L. 1985, ch. 401, § 1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-42 - Self-Service Storage Facilities › Section 34-42-7. - Severability.

§ 34-42-7. Severability.
If any provision of this chapter or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of the chapter, which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable.
History of Section.
P.L. 1985, ch. 401, § 1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-42 - Self-Service Storage Facilities › Section 34-42-8. - Notification of local fire departments.

§ 34-42-8. Notification of local fire departments.
(a)
The owner of a self-service storage facility shall require each occupant to specifically identify, in writing, the amount, nature and composition of any flammable or hazardous material to be stored on the premises. The occupant shall notify the owner, in writing, within twenty-four (24) hours of the time when the flammable or hazardous materials are stored in the premises.
(b)
Every occupant of any self-service storage facility shall notify the local fire department in writing of any flammable or hazardous material stored on the premises.
(c)
Any person who violates the provisions of this section shall be fined up to one thousand dollars ($1,000) per day, or imprisoned up to six (6) months, or both.
(d)
This section shall be enforced by the city or town through its director of public safety and/or fire department and/or fire district in which the self-service storage facility is located. Nothing in this section shall be construed to preempt the duties and responsibilities under the Hazardous Waste Management Act, chapter 19.1 of title 23 as well as any municipal flammable storage ordinances.
(e)
The provisions of §§ 45-13-7 — 45-13-10 shall not apply to this section.
History of Section.
P.L. 1989, ch. 279, § 1; P.L. 2012, ch. 102, § 1; P.L. 2012, ch. 107, § 1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-42 - Self-Service Storage Facilities › Section 34-42-9. - Contents of rental agreement.

§ 34-42-9. Contents of rental agreement.
(a)
The rental agreement shall contain a conspicuous statement in bold type notifying the occupant of the following:
(1)
That the property stored in the leased space is not insured by the owner against loss, theft or damage.
(2)
The existence of the lien under this chapter.
(3)
That property stored in the leased space may be sold to satisfy the lien if the occupant is in default.
(b)
If the rental agreement contains a limit on the value of the property that can be stored in the leased space, the limit shall be deemed to be the maximum value of the property stored in said leased space.
History of Section.
P.L. 2012, ch. 102, § 2; P.L. 2012, ch. 107, § 2.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-43 - Insurance on Multi-Unit Dwellings in Providence › Section 34-43-1. - Insurance on multi-unit residential and commercial property.

§ 34-43-1. Insurance on multi-unit residential and commercial property.
(a)
Every landlord or lessor of residential or commercial property in the city of Providence shall file a written declaration in the office of the tax assessor of the city of Providence setting forth information regarding the insurance company insuring the property against loss or damage by fire. The declaration shall indicate the property location, the name of the insurance company or companies issuing the policy, the named insured and the policy number of the policy; the amount of insurance coverage provided in the policy; and the named insured and/or loss payee. The declaration shall be filed within ten (10) days of the landlord or lessor taking title to the property and within ten (10) days of the issuance of a new policy or amendment of the policy which amends any of the information contained in the declaration. The declaration shall also apply to all existing property as of June 27, 1986 and shall require filing of the information upon receipt of the first tax bill after June 27, 1986.
(b)
Any person who violates the provisions of this section shall be guilty of a misdemeanor and may be punished by a fine of up to an amount not exceeding five hundred dollars ($500.00), or by imprisonment not exceeding one year, or both a fine and imprisonment. The city of Providence is hereby empowered to enforce the provisions of this section.
(c)
The provisions of this section shall not apply to any residential property occupied by the owner or owners thereof nor shall it apply to any residential property occupied by less than three (3) households.
History of Section.
P.L. 1986, ch. 417, § 2.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-44 - Abandoned Property › Section 34-44-2. - Definitions.

§ 34-44-2. Definitions.
As used in this chapter:
(1)
“Abandon” or “abandonment” means a situation where the owner of a building has intended to abandon the building and has manifested the intent with some act or failure to act. In determining whether an owner has abandoned his or her building, a court shall infer the intent of the owner from the existence of serious code violations that pose a health and/or safety hazard to the community and that have gone unrepaired for an unreasonable amount of time and from any of the surrounding facts and circumstances including, but not limited to the following:
(i)
Whether or not the building is vacant;
(ii)
Whether or not the grounds are maintained;
(iii)
Whether or not the building’s interior is sound;
(iv)
Whether or not any vandalism on the building has gone unrepaired;
(v)
Whether or not rents have been collected from the building’s tenants by the owner;
(vi)
The length of time any of the above conditions have existed.
(2)
“Abate” or “abatement” in connection with any property means the removal or correction of any hazardous conditions deemed to constitute a public nuisance and the making of such other improvements as are needed to affect a rehabilitation of the property that is consistent with maintaining safe and habitable conditions over the remaining useful life of the property. However, the closing or boarding up of any building that is found to be a public nuisance is not an abatement of the nuisance.
(3)
“Building” means any building or structure used for residential purposes or used for retail stores, shops, salesrooms, markets, or similar commercial uses, or for offices, banks, civic administration activities, professional services, or similar business or civic uses.
(4)
“Interested party” means any owner, mortgagee, lienholder, or other entity or person who or that possesses an interest of record in any property that becomes subject to the jurisdiction of the court pursuant to this chapter and any applicant for the appointment of a receiver pursuant to this chapter.
(5)
“Neighboring landowner” means any owner of property, including any entity or person who or that is purchasing property by land installment contract or under a duly executed purchase contract, that is located within two hundred feet (200′) of any property that becomes subject to the jurisdiction of the court pursuant to this chapter.
(6)
“Public nuisance” means a building that is a menace to the public health, welfare, or safety; or that is structurally unsafe, unsanitary; or not provided with adequate safe egress; or that constitutes a fire hazard; or is otherwise dangerous to human life; or is otherwise no longer fit and habitable; or that, in relation to existing use, constitutes a hazard to the public health, welfare, or safety by reason of inadequate maintenance, dilapidation, obsolescence, or abandonment.
History of Section.
P.L. 1986, ch. 447, § 1; P.L. 1992, ch. 254, § 1; P.L. 2015, ch. 81, § 1; P.L. 2015, ch. 89, § 1; P.L. 2016, ch. 511, art. 1, § 16.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-44 - Abandoned Property › Section 34-44-4.1. - Court determinations required.

§ 34-44-4.1. Court determinations required.
Prior to ordering any work or the furnishing of any materials to abate a public nuisance under this chapter, the court shall review the submitted financial and construction plan and shall make all of the following findings:
(1)
The estimated cost of the labor, materials, and any other development costs required to abate the public nuisance;
(2)
The estimated income and expenses of the property after the furnishing of the materials and the completion of the repairs and improvements;
(3)
The need for conditions and availability of any financing that is necessary for the performance of the work and the furnishing of the materials;
(4)
If repair and rehabilitation of the building are not found to be feasible, the cost of demolition of the building, or the portions of the building that constitute the public nuisance.
History of Section.
P.L. 1986, ch. 447, § 1; P.L. 1992, ch. 254, § 1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-44 - Abandoned Property › Section 34-44-5. - Demolition.

§ 34-44-5. Demolition.
Upon the written request of all of the interested parties to have the building, or portions of the building, demolished, because repair and rehabilitation of the building are found not to be feasible, the court may order the demolition. However, no demolition shall be ordered unless the requesting parties have paid the costs of demolition and of the receivership, and all notes, certificates, and mortgages of the receivership.
History of Section.
P.L. 1986, ch. 447, § 1; P.L. 1992, ch. 254, § 1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-44 - Abandoned Property › Section 34-44-6. - Receiver’s bond — Power and duties.

§ 34-44-6. Receiver’s bond — Power and duties.
Before proceeding with his or her duties, any receiver appointed by the court shall post a bond in an amount designated by the court, but not exceeding the value of the building involved at the time of the appointment of the receiver as determined by the judge. The court may empower the receiver to do any or all of the following:
(1)
Take possession and control of the property, operate and manage the property, establish and collect rents and income, lease and rent the property, and evict tenants;
(2)
Pay all expenses of operating and conserving the property, including, but not limited to, the cost of electricity, gas, water, sewerage, heating fuel, repairs and supplies, custodian services, taxes and assessments, and insurance premiums, and hire and pay reasonable compensation to a managing agent;
(3)
Pay pre-receivership mortgages or installments of them and other liens;
(4)
Perform or enter into contracts for the performance of all work and the furnishing of materials necessary to abate, and obtain financing for the abatement of, the public nuisance;
(5)
Pursuant to court order, remove and dispose of any personal property abandoned, stored, or otherwise located on the property that creates a dangerous or unsafe condition or that constitutes a violation of housing regulations or ordinances;
(6)
Obtain mortgage insurance for the receiver’s mortgage from any agency of the federal government or private mortgage insurance company;
(7)
Enter into any agreement and do those things necessary to maintain and preserve the property and comply with all housing and building regulations and ordinances;
(8)
Give the custody of the property and the opportunity to abate the nuisance and operate the property to the owner, or any mortgagee or any lienholder of record;
(9)
Issue notes and secure them by a mortgage bearing interest upon terms and conditions as the court may approve. When sold or transferred by the receiver in return for valuable consideration in money, material, labor, or services, the notes or certificates shall be freely transferable. If within sixty (60) days of the issuance of a secured note, the mortgage is filed for record in the office of the municipal recorder of the municipality in which the property is located, it shall be a first lien upon the property and shall be superior to any claims of the receiver and to all prior or subsequent liens and encumbrances except taxes and assessments. Priority among the receiver’s mortgages shall be determined by the order in which they are recorded.
History of Section.
P.L. 1986, ch. 447, § 1; P.L. 1992, ch. 254, § 1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-44 - Abandoned Property › Section 34-44-7. - Nonapplicability of monetary jurisdiction limits — Personal liability of receiver.

§ 34-44-7. Nonapplicability of monetary jurisdiction limits — Personal liability of receiver.
The amounts expended by the receiver, the amount of any notes issued by the receiver, any amounts expended by any other person authorized by the court under this chapter, any mortgage authorized by the court under this chapter and the amounts expended in connection with the foreclosure of any mortgage authorized by the court under this chapter shall not be limited by any monetary jurisdictional limit otherwise imposed upon the court that appoints the receiver. The receiver shall not be personally liable except for misfeasance, malfeasance, or nonfeasance in the performance of the function of his or her office.
History of Section.
P.L. 1986, ch. 447, § 1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-44 - Abandoned Property › Section 34-44-8. - Expenses of receivership — Fees.

§ 34-44-8. Expenses of receivership — Fees.
The court may assess as court costs, the costs and expenses set out in § 34-44-6(2) of this chapter, and may approve receiver’s fees to the extent that they are not covered by the income from the property. Any expenses incurred by a receiver pursuant to the exercise of a receiver’s powers as set forth in § 34-44-6 shall be a lien on the proceeds of any fire insurance claim made by the owner of a building under the control of a receiver for damage or loss to the building caused by or arising out of any fire or explosion, where the event giving rise to the claim occurs on or after the date of appointment of a receiver; provided that the event giving rise to the claim was not caused by a receiver or a person or persons under the control of a receiver.
History of Section.
P.L. 1986, ch. 447, § 1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-44 - Abandoned Property › Section 34-44-9. - Discharge of a receiver.

§ 34-44-9. Discharge of a receiver.
The receiver may be discharged by the judge as provided in § 34-44-12 or at any time in the discretion of the court. The receiver shall be discharged when all of the following have occurred:
(1)
The public nuisance has been abated;
(2)
All costs, expenses, and approved fees of the receivership have been paid;
(3)
Either all receiver’s notes and mortgages issued pursuant to this section have been paid, or all the holder’s of the notes and mortgages request that the receiver be discharged.
History of Section.
P.L. 1986, ch. 447, § 1; P.L. 1992, ch. 254, § 1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-44 - Abandoned Property › Section 34-44-10. - Legality of prior and inferior mortgage liens.

§ 34-44-10. Legality of prior and inferior mortgage liens.
The creation of any mortgage lien under this chapter prior to or superior to any mortgage of record at the time the mortgage lien was created shall not disqualify a prior recorded mortgage as a legal investment under chapter 9 of title 19.
History of Section.
P.L. 1986, ch. 447, § 1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-44 - Abandoned Property › Section 34-44-11. - Receiver’s entitlement to fees and commissions.

§ 34-44-11. Receiver’s entitlement to fees and commissions.
A receiver appointed under this section is entitled to receive fees and commissions in the same manner and to the same extent as receivers appointed in other court proceedings.
History of Section.
P.L. 1986, ch. 447, § 1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-44.1 - The Rhode Island Museum Property Act › Section 34-44.1-1. - Definitions.

§ 34-44.1-1. Definitions.
As used in this chapter, the following words and terms shall have the following meanings, unless the context indicates another or different meaning or intent:
(1)
“Museum” means an organized and permanent nonprofit or public institution in Rhode Island operated by, or a division of, a nonprofit corporation, trust, association, educational institution, or public agency, that is primarily educational, scientific, historic, or aesthetic in purpose, and that owns, borrows, cares for, studies, archives, or exhibits property. Museums may include, but not be limited to, historical societies, parks, historic sites and monuments, archives, and libraries;
(2)
“Property” means any tangible object in the possession of and under a museum’s care that has intrinsic educational, scientific, historical, artistic, aesthetic, or cultural value, excluding the property of any agency or public body as defined in § 38-1-1.1;
(3)
“Loan” or “loaned” means a deposit with a museum that: (i) Title to the property is not transferred to the museum, (ii) The loan agreement for such deposit does not include a provision that the museum acquire title at some time after such deposit is made; or (iii) The loan agreement for such deposit includes an option for the museum to acquire title at some time after such deposit is made;
(4)
“Lender” means a person (an individual, association, partnership, corporation, trust, estate, or other entity, excluding the property of any agency or public body as defined in § 38-1-1.1) whose name appears on the records of a museum as the person legally entitled to, or claiming to be legally entitled to, property held by the museum or, if such person is deceased, the legal heirs of such person.
(5)
“Undocumented property” means property under a museum’s care, excluding the property of any agency or public body as defined in § 38-1-1.1, whose ownership cannot be determined by reference to the museum’s records and for which the museum does not have a reasonable means of determining the owner.
(6)
“Publication” means inclusion in the online publication of lists of abandoned property established pursuant to § 33-21.1-18.
History of Section.
P.L. 2013, ch. 160, § 1; P.L. 2013, ch. 219, § 1; P.L. 2014, ch. 69, § 1; P.L. 2014, ch. 74, § 1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-44.1 - The Rhode Island Museum Property Act › Section 34-44.1-2. - Property held subject to a loan agreement.

§ 34-44.1-2. Property held subject to a loan agreement.
(a)
Any property on loan to a museum that is subject to a loan agreement shall be deemed to be donated to the museum if:
(1)
No claim of ownership is made or action filed to recover such property by the owner or lender after termination or expiration of the loan; and
(2)
The museum has given notice, in accordance with the provisions of § 34-44.1-5 of this chapter, and no claim of ownership is made or action to recover such property is filed on or before sixty (60) days after the publication of the notice.
(b)
A museum may terminate a loan of property for any property that was loaned to the museum for an indefinite term if the property has been in the possession of the museum for at least five (5) years. Any property on loan to a museum and whose loan agreement indicates that such property is on permanent loan to the museum shall be considered loaned for an indefinite term for purposes of this subsection. The property for any loan of property that has been terminated pursuant to this subsection shall be deemed donated to the museum.
(c)
A museum may terminate a loan of property for any property that was loaned to the museum for a specified term after the expiration of such specified term, provided the museum provides notice of such termination in accordance with the provisions of § 34-44.1-5 of this chapter. The property for any loan of property that has been terminated pursuant to this subsection shall be deemed donated to the museum.
(d)
It shall be the responsibility of the lender of property loaned to a museum to provide the museum with written notice of any change of the lender’s address, of the lender’s designated agent, of the designated agent’s address, and of the name of the new owner or lender if there is a change in the ownership of the property loaned to the museum.
(e)
A museum accepting a loan of property shall inform the lender of such property in writing of the provisions of this chapter.
History of Section.
P.L. 2013, ch. 160, § 1; P.L. 2013, ch. 219, § 1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-44.1 - The Rhode Island Museum Property Act › Section 34-44.1-3. - Property held without a loan agreement.

§ 34-44.1-3. Property held without a loan agreement.
(a)
Any property in the possession of a museum that is not subject to a loan agreement shall be deemed to be abandoned if:
(1)
The property is unclaimed and has been in the possession of the museum as unclaimed property for at least five (5) years;
(2)
The museum has given notice, in accordance with the provisions of § 34-44.1-5; and
(3)
No claim of ownership is made or action to recover such property is filed on or before sixty (60) days after the publication of the notice.
(b)
Any abandoned property in the possession of a museum shall become the property of such museum.
History of Section.
P.L. 2013, ch. 160, § 1; P.L. 2013, ch. 219, § 1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-44.1 - The Rhode Island Museum Property Act › Section 34-44.1-4. - Maintenance of records.

§ 34-44.1-4. Maintenance of records.
On or after the effective date of this chapter, each museum shall maintain a record of all property on loan to the museum which shall include, if known, the name and address of the lender and the dates that the property is to be on loan to the museum and a copy of the loan agreement for the property. The museum shall provide a copy of the record and the loan agreement to the lender of property at the time that the lender makes the loan of property to the museum. If a museum is notified of a change in ownership of any property on loan to the museum, the museum shall create a new record for the property and update the existing loan agreement and shall provide a written copy of the new record and the updated loan agreement to the new owner of the property. A museum shall retain all written records regarding property acquired under this chapter for at least ten (10) years from the date that the museum acquired title to the property or until dissolution of the museum, whichever occurs first.
History of Section.
P.L. 2013, ch. 160, § 1; P.L. 2013, ch. 219, § 1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-44.1 - The Rhode Island Museum Property Act › Section 34-44.1-5. - Notice requirements.

§ 34-44.1-5. Notice requirements.
(a)
Prior to a museum accepting donated property pursuant to § 34-44.1-2, or taking ownership of abandoned property pursuant to § 34-44.1-3, the museum shall make a reasonable good faith effort to find the address of the lender and provide notice that the museum may become the owner of the property. The notice shall be sent by certified mail, return receipt requested, to the address of the lender on record with the museum.
(b)
If the museum does not have an address on record for the lender of the property, or the museum does not receive written proof of receipt of the mailed notice within thirty (30) days after the date the notice was mailed, notice shall be published for a duration of six (6) months in the lists of abandoned property advertised by the general treasurer as prescribed in § 33-21.1-18. The museum shall provide to the general treasurer the following information to be included in the notice:
(1)
The name and address of the museum and a brief and general description of the unclaimed property, including date of the property or the approximate date the property came into the custody of the museum;
(2)
If known, the name and address of the lender on record with the museum, if any;
(3)
A request that all persons who may have any knowledge of the whereabouts of the lender provide written notice to the museum;
(4)
The name and contact information of the person at the museum to be contacted regarding the property; and
(5)
A statement that if no claim of ownership is made or action to recover the property is filed with the museum on or before sixty (60) days from the last day that the notice is included in the unclaimed property publication, the property shall be deemed donated or abandoned and shall become the property of the museum.
History of Section.
P.L. 2013, ch. 160, § 1; P.L. 2013, ch. 219, § 1.
2023 Rhode Island General Laws › Title 34 - Property › Chapter 34-44.1 - The Rhode Island Museum Property Act › Section 34-44.1-6. - Property vested in museum.

§ 34-44.1-6. Property vested in museum.
(a)
If a museum receives a timely written claim of ownership for any property for which notice of donation or abandonment was made, pursuant to § 34-44.1-5, from the lender on record with the museum, or the designated agent of such lender, the museum shall return the property to the lender or carry out the disposition of such property as the lender requests not later than sixty (60) days after receipt of such written claim of ownership, provided the lender shall advise the museum in writing as to the disposition of such property or how such property is to be returned to the lender. Any costs incurred as a result of returning such property or the disposition of such property shall be the responsibility of the lender unless the lender and the museum have mutually agreed to alternate arrangements.
(b)
If a museum receives a written claim of ownership for any property for which notice of donation or abandonment was made, pursuant to § 34-44.1-5, from a person other than the lender on record with the museum, the museum shall, not later than sixty (60) days after receipt of such written claim of ownership, determine if such ownership claim is valid. A claimant shall submit proof of ownership to the museum with such written claim of ownership. If more than one person submits a written claim of ownership, the museum may delay its determination of ownership until the competing claims are resolved by agreement or legal action. A museum shall not be obligated to initiate legal action to resolve competing claims. If the museum determines that the written claim of ownership is valid or if the competing claims are resolved by agreement or judicial action, the museum shall return the property to the claimant submitting the valid claim of ownership or dispose of the property as the valid claimant requests. Any costs incurred as a result of returning the property or the disposition of the property shall be the responsibility of the valid claimant unless the valid claimant and the museum have mutually agreed to alternate arrangements.
(c)
If no written claim of ownership is presented to the museum on or before sixty (60) days after the publication of the notice, the property shall be deemed donated or abandoned and title to the property shall vest in the museum.
(d)
Any person who purchases or otherwise acquires property from a museum that obtained the property by donation or abandonment pursuant to this section and §§ 34-44.1-2 and 34-44.1-3, shall acquire good title to such property.
History of Section.
P.L. 2013, ch. 160, § 1; P.L. 2013, ch. 219, § 1.