H 7351Land Use

State Affairs and Government - Eminent Domain

This bill allows the state to use eminent domain to acquire footpaths for public access to water and lets community groups maintain them.

Held for study

Population
Affected

Email your legislators

Introduced Jan 28, 2026

Committee House Judiciary

Where it is now

Held for further study since February 5. The session ended with the bill still in committee.

Introduced

Jan 28

Committee hearing

Feb 5

Held for study

Committee approval

House vote

Senate vote

Governor

Upon passage

Would take effect

1 version

As introduced on January 28

Led by Rep. Joseph McNamara

With 1 co-sponsor: Cortvriend

Every recorded action 3

Feb 5, 2026Committee recommended measure be held for further study
Jan 30, 2026Scheduled for hearing and/or consideration (02/05/2026)
Jan 28, 2026Introduced, referred to House Judiciary

What it does

This legislation amends Rhode Island's eminent domain laws to explicitly authorize the Department of Environmental Management (DEM) to acquire property for established footpaths. The primary purpose of this change is to ensure the public has access to streams, lakes, and ponds. Furthermore, the bill allows the DEM to permit local community groups to take responsibility for the care and maintenance of these footpaths once they are acquired by the state.

Explained for younger readers

This bill changes the rules about how the government can buy land from people. It says the state is allowed to buy walking paths so that everyone can get to streams, lakes, and ponds. This helps people get to the water to fish or enjoy nature. It also says that groups of neighbors or people in the town are allowed to help keep these paths clean and safe for everyone to use.

Who it affects

People and groups

Waterfront Property OwnersDepartment of Environmental ManagementFishermen and AnglersHikers and Outdoor EnthusiastsLocal Conservation Groups

Where it applies

Statewide, all 39 cities and towns

Cost and constitutional check

Constitutional concerns: None likely

Amount unknown

Estimated cost

None

Estimated revenue

How they voted

No votesThe session ended before this bill reached a floor vote.

Bill analysis

For progressives

Expands public access to natural resources and waterways, treating nature as a common good rather than an exclusive privilege for private landowners.
Encourages community engagement and stewardship by allowing local groups to officially care for and maintain public access points.
Promotes environmental justice by ensuring that access to recreational bodies of water is not restricted solely to those who can afford waterfront property.

The use of eminent domain can sometimes disproportionately impact lower-income property owners who may lack the legal resources to negotiate fair terms.
Relying on volunteer community groups for maintenance could lead to inequity, where paths in wealthy towns are well-kept while those in poorer communities fall into disrepair.
Does not mandate the creation of access points, potentially leaving the implementation subject to political pressure from wealthy landowners who wish to exclude the public.

For conservatives

Supports traditional outdoor activities such as fishing and hunting by ensuring sportsmen have legal access to waterways.
Utilizes private community groups and volunteers for maintenance, reducing the financial burden on the state and taxpayers.
Focuses government acquisition specifically on "established" paths, potentially limiting the scope of land taking to areas already in use rather than arbitrary selections.

Expands the government's power to seize private property via eminent domain, which is a fundamental violation of private property rights.
The term "established foot paths" is vague and could effectively legitimize trespassing by allowing the government to seize land simply because people have been illegally crossing it.
Increases the size and authority of the Department of Environmental Management, granting unelected bureaucrats more control over land use.

Read the bill

Changes to existing Rhode Island law · 5 additions

SECTION 1. Section 42-64.12-6 of the General Laws in Chapter 42-64.12 entitled "Eminent Domain" is hereby amended to read as follows: 42-64.12-6. Permissible uses of eminent domain powers. All entities delegated eminent domain powers under the laws of this state may exercise such powers consistent with other restrictions and limitations established by law, rule, regulation, or ordinance, to acquire property for the following purposes:

(1) Providing for public ownership and use including, but not limited to, the department of environmental management acquiring established foot paths, providing the public with access to streams, lakes and ponds. The department may allow local community groups to care for and maintain said foot paths;

(2) Providing for transportation infrastructure including, but not limited to, roads, highways, bridges, and associated ramps;

(3) Providing for public utilities, including telecommunications, and for common carriers;

(4) Eliminating an identifiable public harm and/or correcting conditions adversely affecting public health, safety, morals, or welfare, including, but not limited to, the elimination and prevention of blighted and substandard areas, as defined by chapter 31 of title 45, and correcting conditions of environmental contamination that pose a significant risk to the public health, correcting and repairing facilities, and correcting conditions from damages that result from a declared disaster;

(5) Providing good and marketable title that is free and clear of liens and encumbrances when property is to be acquired or is to be conveyed for any of the purposes set forth in subsections

(1) — (4) of this section.

SECTION 2. This act shall take effect upon passage.