Rhode Island General Laws > Chapter 2-23 – Right to Farm


§ 2-23-1	Short title
§ 2-23-2	Legislative findings
§ 2-23-3	Declaration of policy
§ 2-23-4	“Agricultural operations” defined
§ 2-23-5	Nuisance actions against agricultural operations
§ 2-23-6	Negligence actions – Pesticide use not affected
§ 2-23-7	Severability

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Terms Used In Rhode Island General Laws > Chapter 2-23 - Right to Farm

Affiliate: means :

(i) With respect to an individual:

(A) A companion of the individual;

(B) A lineal ancestor or descendant, whether by blood or adoption of:

(I) The individual; or

(II) A companion of the individual;

(C) A companion of an ancestor or descendant described in § 10-21-2(1)(i)(B);

(D) A sibling, aunt, uncle, great aunt, great uncle, first cousin, niece, nephew, grandniece, or grandnephew of the individual, whether related by the whole or the half blood or adoption, or a companion of any of them; or

(E) Any other individual occupying the residence of the individual; and

(ii) With respect to a person other than an individual:

(A) Another person that directly or indirectly controls, is controlled by, or is under common control with the person;

(B) An officer, director, manager, member, partner, employee, or trustee or other fiduciary of the person; or

(C) A companion of, or an individual occupying the residence of, an individual described in §§ 10-21-2(1)(ii)(A) or (B). See Rhode Island General Laws 10-21-2
agricultural operations: includes any commercial enterprise that has as its primary purpose horticulture, viticulture, viniculture, floriculture, forestry, stabling of horses, dairy farming, or aquaculture, or the raising of livestock, including for the production of fiber, furbearing animals, poultry, or bees, and all such other operations, uses, and activities as the director, in consultation with the chief of division of agriculture, may determine to be agriculture, or an agricultural activity, use or operation. See Rhode Island General Laws 2-23-4
Amortization: Paying off a loan by regular installments.
Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
Arrest: Taking physical custody of a person by lawful authority.
Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
Bailee: means a person that by a warehouse receipt, bill of lading, or other document of title acknowledges possession of goods and contracts to deliver them. See Rhode Island General Laws 6A-7-102
Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
Carrier: means a person that issues a bill of lading. See Rhode Island General Laws 6A-7-102
Collateral: means the property subject to a lien. See Rhode Island General Laws 10-21-2
Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
Companion: means :

(i) The spouse of an individual;

(ii) The domestic partner of an individual; or

(iii) Another individual in a civil union with an individual. See Rhode Island General Laws 10-21-2
Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
Consignee: means a person named in a bill of lading to which or to whose order the bill promises delivery. See Rhode Island General Laws 6A-7-102
Consignor: means a person named in a bill of lading as the person from which the goods have been received for shipment. See Rhode Island General Laws 6A-7-102
Continuance: Putting off of a hearing ot trial until a later time.
Contract: A legal written agreement that becomes binding when signed.
Conviction: A judgement of guilt against a criminal defendant.
Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
Court: means the superior court. See Rhode Island General Laws 10-21-2
Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
debtor: includes a mortgagor. See Rhode Island General Laws 10-21-2
Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
Delivery order: means a record that contains an order to deliver goods directed to a warehouse, carrier, or other person that in the ordinary course of business issues warehouse receipts or bills of lading. See Rhode Island General Laws 6A-7-102
Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
Executory contract: means a contract, including a lease, under which each party has an unperformed obligation and the failure of a party to complete performance would constitute a material breach. See Rhode Island General Laws 10-21-2
Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
Fiduciary: A trustee, executor, or administrator.
Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
Fraud: Intentional deception resulting in injury to another.
Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
Good faith: means honesty in fact and the observance of reasonable commercial standards of fair dealing. See Rhode Island General Laws 6A-7-102
Goods: means all things that are treated as movable for the purposes of a contract for storage or transportation. See Rhode Island General Laws 6A-7-102
Governmental unit: means an office, department, division, bureau, board, commission, or other agency of this state or a subdivision of this state. See Rhode Island General Laws 10-21-2
Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
Issuer: means a bailee that issues a document of title or, in the case of an unaccepted delivery order, the person that orders the possessor of goods to deliver. See Rhode Island General Laws 6A-7-102
Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
Lien: A claim against real or personal property in satisfaction of a debt.
Lien: means an interest in property which secures payment or performance of an obligation. See Rhode Island General Laws 10-21-2
Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
Mortgage: means a record, however denominated, that creates or provides for a consensual lien on real property or rents, even if it also creates or provides for a lien on personal property. See Rhode Island General Laws 10-21-2
Mortgagee: The person to whom property is mortgaged and who has loaned the money.
Mortgagee: means a person entitled to enforce an obligation secured by a mortgage. See Rhode Island General Laws 10-21-2
Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
Mortgagor: means a person that grants a mortgage or a successor in ownership of the real property described in the mortgage. See Rhode Island General Laws 10-21-2
Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
Owner: means the person for whose property a receiver is appointed. See Rhode Island General Laws 10-21-2
Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6
Person: means an individual, estate, partnership, association, trust, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity. See Rhode Island General Laws 10-21-2
Personal property: All property that is not real property.
Plaintiff: The person who files the complaint in a civil lawsuit.
Proceeds: means the following property:

(i) Whatever is acquired on the sale, lease, license, exchange, or other disposition of receivership property;

(ii) Whatever is collected on, or distributed on account of, receivership property;

(iii) Rights arising out of receivership property;

(iv) To the extent of the value of receivership property, claims arising out of the loss, nonconformity, or interference with the use of, defects or infringement of rights in, or damage to the property; or

(v) To the extent of the value of receivership property and to the extent payable to the owner or secured party, insurance payable by reason of the loss or nonconformity of, defects or infringement of rights in, or damage to the property. See Rhode Island General Laws 10-21-2
Property: means all of a person's right, title, and interest, both legal and equitable, in real and personal property, tangible and intangible, wherever located and however acquired. See Rhode Island General Laws 10-21-2
Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
real estate: may be construed to include lands, tenements, and hereditaments and rights thereto and interests therein. See Rhode Island General Laws 43-3-10
Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
Receiver: means a person appointed by the court as the court's agent, and subject to the court's direction, to take possession of, manage, and, if authorized by this chapter or court order, transfer, sell, lease, license, exchange, collect, or otherwise dispose of receivership property. See Rhode Island General Laws 10-21-2
Receivership: means a proceeding in which a receiver is appointed. See Rhode Island General Laws 10-21-2
Receivership property: means the property of an owner which is described in the order appointing a receiver or a subsequent order. See Rhode Island General Laws 10-21-2
Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
Remand: When an appellate court sends a case back to a lower court for further proceedings.
Rents: means :

(i) Sums payable for the right to possess or occupy, or for the actual possession or occupation of, real property of another person;

(ii) Sums payable to a mortgagor under a policy of rental-interruption insurance covering real property;

(iii) Claims arising out of a default in the payment of sums payable for the right to possess or occupy real property of another person;

(iv) Sums payable to terminate an agreement to possess or occupy real property of another person;

(v) Sums payable to a mortgagor for payment or reimbursement of expenses incurred in owning, operating, and maintaining real property or constructing or installing improvements on real property; or

(vi) Other sums payable under an agreement relating to the real property of another person which constitute rents under law of this state other than this chapter. See Rhode Island General Laws 10-21-2
Secured obligation: means an obligation the payment or performance of which is secured by a security agreement. See Rhode Island General Laws 10-21-2
Secured party: means a person entitled to enforce a secured obligation. See Rhode Island General Laws 10-21-2
Security agreement: means an agreement that creates or provides for a lien. See Rhode Island General Laws 10-21-2
Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Rhode Island General Laws 10-21-2
Statute: A law passed by a legislature.
Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
Subpoena: A command to a witness to appear and give testimony.
Testimony: Evidence presented orally by witnesses during trials or before grand juries.
town: may be construed to include city; the words "town council" include city council; the words "town clerk" include city clerk; the words "ward clerk" include clerk of election district; the words "town treasurer" include city treasurer; and the words "town sergeant" include city sergeant. See Rhode Island General Laws 43-3-9
town council: include city council; the words "town clerk" include city clerk; the words "ward clerk" include clerk of election district; the words "town treasurer" include city treasurer; and the words "town sergeant" include city sergeant. See Rhode Island General Laws 43-3-9
Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. ^{Source: OCC}
Trustee: A person or institution holding and administering property in trust.
United States: include the several states and the territories of the United States. See Rhode Island General Laws 43-3-8
Warehouse: means a person engaged in the business of storing goods for hire. See Rhode Island General Laws 6A-7-102