State Codes and Statutes
Statutes > Rhode-island > Title-42 > Chapter-42-122 > 42-122-7SECTION 42-122-7
§ 42-122-7 Designation as a natural areapreserve. – An area designated as a natural area preserve is declared to be put to itshighest, best and most important use for public benefit and no interest in thispreserve owned by the state shall be alienated or put to any use other than asa natural area preserve, except upon a finding by the director in consultationwith the natural heritage preservation commission, that the qualifying featuresof the land have been destroyed or irretrievably damaged and that the publicpurposes of the designation have been utterly frustrated.
Any finding the director is required to make under thissection shall be made only after a public hearing and upon notice. The noticerequired by this section shall set forth the substance of the proposed actionand describe, with or without legal description, the area affected and shallset forth the time and place of the hearing and shall be published at leasttwice (2) a week for three (3) successive weeks before the hearing in anewspaper published in the county where the property is located and in anewspaper with statewide distribution. No finding, which the director isrequired to make, shall be effective until the finding has been published. Noaction shall be taken by the state pursuant to the finding prior to theexpiration of sixty (60) days after the finding becomes effective. During thesixty (60) day period, any finding may be appealed by any resident of thisstate in a suit brought against the director in the superior court for thejudicial district of Providence. In any action, the court shall vacate thefinding if it finds the director acted arbitrarily or illegally in making thefinding. During the pendency of an appeal the state shall take no actionpursuant to the findings of the director.
