S 2142Land Use

State Affairs and Government - Eminent Domain

authorizes the state to acquire footpaths for public water access while protecting active agricultural land from interference.

Introduced32 Yea4 Nay2 Not voting

Population
Affected

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Introduced Jan 16, 2026Committee Senate Judiciary

Plain-English Summary

This legislation amends Rhode Island's eminent domain laws to grant the Department of Environmental Management (DEM) specific authority to acquire land for public use. Specifically, it allows the DEM to take ownership of established footpaths that provide access to rivers, streams, lakes, and ponds. The purpose is to ensure the public can access these waterways for recreation and environmental stewardship. The bill includes protections for farmers, stating that the state cannot take land if doing so would significantly interfere with agricultural operations. It also allows local community groups to help maintain these paths.

For younger readers

This new rule helps people enjoy nature. Sometimes, the best way to get to a river or lake is a path that goes through someone else's land. This bill allows the state government to buy those paths so that everyone is allowed to walk on them to go fishing or look at the water. This power to buy land is called "eminent domain." The law promises that the government won't take land if it hurts farmers growing food. It also lets neighbors help keep the paths clean.

Who & Where It Applies

Impacted groups

Private LandownersFarmersDepartment of Environmental ManagementOutdoor RecreationalistsLocal Community Groups

Impacted communities

All

Constitutional & Fiscal Check

None Likely

Estimated cost

Amount unknown

Estimated revenue

None

Bill Analysis

Both viewpoints

For Progressives

Democratizes access to natural resources by ensuring the public has legal entry points to waterways, preventing nature from being exclusive to wealthy waterfront property owners.
Encourages environmental stewardship and community engagement by allowing local groups to actively participate in the care and maintenance of public lands.
Includes specific safeguards for agricultural land, recognizing the importance of local food systems and protecting farmers from government overreach that could disrupt their livelihood.
Expands the power of eminent domain, a tool that has historically been weaponized to displace marginalized and low-income communities, even if the stated intent here is recreational.
The reliance on local community groups for maintenance suggests a lack of dedicated state funding or union labor, potentially leading to inconsistent upkeep or reliance on unpaid labor.
The term "established foot paths" is vague and could potentially be used to formalize trespassing routes that impinge on the privacy of rural residents without sufficient oversight.

For Conservatives

Explicitly protects agricultural business interests by forbidding the state from acquiring land if it materially interferes with farming operations.
Reduces the burden on taxpayers by authorizing local community groups to maintain the paths, rather than requiring the expansion of the state government workforce.
Supports traditional outdoor activities often valued by conservatives, such as fishing and hunting, by securing access to water bodies.
Expands the government's power to seize private property, violating the fundamental right to land ownership for non-essential purposes like "recreation."
Increases the risk of liability and nuisance for private property owners by inviting the general public to traverse land immediately adjacent to their homes or businesses.
The vague definition of "established foot paths" could allow the government to penalize landowners who previously allowed informal access by permanently seizing that portion of their property.

Votes

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Full Bill Text

Changes to existing Rhode Island law · 9 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 that provide the public with reasonable access to streams, rivers, lakes and ponds located within the state for the purpose of environmental stewardship, recreational use, and public benefit. In exercising said right, the department shall give due deference to any parcel of land currently used for agricultural purposes and shall not acquire any interest in such land if doing so would materially interfere with the primary agricultural use of the property. 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.