Rhode Island General Laws 42-82-6. Use of eminent domain against designated land
Any state or local agency must demonstrate extreme need and the lack of any viable alternative before exercising a right of eminent domain over any farmland to which the development rights have been purchased by the commission on behalf of the state, or which has been designated as agricultural land in the agricultural land preservation program by the commission. The agency will file a separate report with the commission showing the necessity of condemning this land. The report must be endorsed by the governor after public hearings. If the commission feels that cause has not been adequately demonstrated, it shall have recourse to the superior court for a decision on the matter.
History of Section.
P.L. 1981, ch. 299, § 1.
Terms Used In Rhode Island General Laws 42-82-6
- Agricultural land: means any land in the state of five (5) contiguous acres or larger that is suitable for agriculture by reference to soil type, existing use for agricultural purposes and other criteria to be developed by the commission and may include adjacent pastures, ponds, natural drainage areas and other adjacent areas which the commission deems necessary for farm operations;
(2) "Agricultural lands preservation commission" or "commission" means the commission established pursuant to § 42-82-3;
(3) "Agricultural operation" means any individual, partnership or corporation that complies with § 44-27-3 and § 2-1-22(j) and produces and distributes a commercial food, feed, fiber or horticultural product. See Rhode Island General Laws 42-82-2
- Development rights: means the rights of the fee simple owner to develop, construct on, divide, sell, lease, or otherwise change the property in such a way as to render the land unsuitable for agriculture; this includes the exercise of the owner's rights to sell or grant easements or rights of way, or to sell the mineral or water rights or other rights if by that exercise the use of the land as productive agricultural land is diminished; but does not include the rights of the owner to sell, lease, or otherwise improve the agricultural land to preserve, maintain, operate, or continue the land as agricultural land or all other customary rights and privileges of ownership, including the right to privacy. See Rhode Island General Laws 42-82-2
- Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC