Rhode Island General Laws 45-36-2. Conservation of open spaces
Any city, subject to the approval of its council, or any town, subject to the approval of the town council and financial town meeting, if it has one, may by purchase, bequest, gift, grant, devise, or lease, acquire land and improvements on it, rights of way, water riparian and other rights, easements, conservation easements, scenic easements, privileges, present and future estates, and interests of any kind or description in real property; and may enter into covenants and agreements with owners of land and owners of interests in land to maintain, improve, protect, and limit the future use of or otherwise conserve open spaces; and may enter into agreements or compacts with any other city or town for any purposes; provided, if an open space is to be acquired by the expenditure of public funds, the city or town shall, prior to the expenditure, obtain from the department of environmental management a statement, in writing, that the open space is not desired by the department for open space purposes.
History of Section.
P.L. 1965, ch. 141, § 1.
Terms Used In Rhode Island General Laws 45-36-2
- Bequest: Property gifted by will.
- Devise: To gift property by will.
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- in writing: include printing, engraving, lithographing, and photo-lithographing, and all other representations of words in letters of the usual form. See Rhode Island General Laws 43-3-16
- 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
- open space: means any space or area, the preservation or restriction of the use of which would:
(1) Maintain or enhance the conservation of natural or scenic resources,
(2) Protect natural streams or water supply,
(3) Promote conservation of soils, wetlands, beaches, or tidal marshes,
(4) Enhance the value to the public of abutting or neighboring parks, forests, wildlife preserves, nature reservations or sanctuaries, or other open areas and open spaces,
(5) Afford or enhance public recreation opportunities,
(6) Preserve historic sites,
(7) Implement the recreation and open space plan adopted by the planning commission of the city or town, or
(8) Promote orderly urban or suburban development. See Rhode Island General Laws 45-36-1
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- 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