Rhode Island General Laws 42-82-1. Statement of legislative purpose
(a) The general assembly recognizes that land suitable for food production in the state has become an extremely scarce and valuable resource. The amount of good farmland has declined so dramatically that unless a comprehensive program is initiated by the state to preserve what remains it will be lost forever. It is in the best interest of the people that the state identify and acquire the development rights to the remaining land most endangered by development so as to maintain farming, productive open spaces, and ground water recharge areas.
Terms Used In Rhode Island General Laws 42-82-1
- Cost: when used with reference to acquisition of development rights, means as of any particular date the cost subsequently incurred of purchasing the development rights, property rights and all other necessary expenses incident to planning, financing, and implementing the provisions of this chapter;
(5) "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
- 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
(b) The general assembly finds that productive farmland is being converted to other uses because its development value at present far exceeds its value for agricultural purposes; that agriculture is an important part of the state’s economy, environment, and quality of life; and that local food production will become increasingly important to the people of the state. It also finds that agricultural preservation will allow more orderly development and permit the cities and towns to plan for and provide services more adequately and at lower cost. Therefore, the general assembly establishes an agricultural lands preservation commission to conduct the inventory and acquisition of development rights to farmland in this state.
History of Section.
P.L. 1981, ch. 299, § 1.