600 R.I. Code R. 600-RICR-00-00-1.3

Current through December 3, 2024

Section 600-RICR-00-00-1.3 - ACQUISITION OF LAND OR OTHER REAL PROPERTY INTEREST BY PURCHASE, GIFT, DEVISE, OR CONDEMNATION

No agency shall acquire land, or other real property interest in the name of the State by purchase, gift, devise, or condemnation unless said action is approved by the Committee.

1.3.1Valuation of Land

A. The agency shall perform a real estate valuation for property interests proposed to be acquired in accordance with the following.

1. For all proposed acquisitions, except acquisitions by gift or devise or by transfer from a governmental entity, the agency shall obtain a real estate appraisal of the land or other real property interest to be acquired by the State. The appraisal shall be prepared by an appraiser who is certified by the State in accordance with R.I. Gen. Laws § 5-20.7-1 et seq. Upon request by the Committee, the agency shall obtain an appraisal to be conducted by an appraiser who is not an employee of the agency.

2. For all proposed acquisitions by gift or devise or by transfer from a governmental entity, the agency shall provide the Committee with an estimate of value determined by a current municipal tax assessment or other documentation satisfactory to the Committee.

3. Upon request by the agency, the Committee may waive or loosen the appraisal requirements if it is in the best interest of the State.

1.3.2Notice to the Commerce Corporation

A. To satisfy the requirements of R.I. Gen. Laws § 37-6-6, and subject to § 1.3.2(B) of this Part, the agency shall give written notice to the Commerce Corporation of its intent to acquire land or other real property by purchase, gift, devise, or condemnation and shall afford the Commerce Corporation with not less than seven (7) business days from the date of the notice to reply. The Commerce Corporation may provide the agency with a recommendation or it may request additional time to conduct a study and/or make a recommendation. If the Commerce Corporation fails to reply to the agency within seven (7) business days or other due date as determined by the agency, it shall constitute a waiver of the Commerce Corporation's opportunity to provide a recommendation on the proposed action.

B. The agency is not required to give notice the Commerce Corporation for acquisition by condemnation.

1.3.3Authority to Acquire Property Interest by Condemnation

A. For proposed acquisition of land or other real property interests by condemnation, the agency shall request to come before the Committee for authorization to commence acquisition by condemnation proceedings to be conducted in accordance with R.I. Gen. Laws § 37-6-13 et seq. An agency's request for authorization shall not be submitted to the Committee until all applicable conditions required by § 1.3.1 of this Part have been met.

B. An agency's request for authorization must include the following records which shall be submitted to the Committee:

1. A written request for authorization;

2. A summary of the agency's valuation findings including any appraisal results;

3. The proposed funding sources and amounts;

4. An explanation of the purpose of the acquisition;

5. Aerial photographs, dimensional site maps, locus maps, and/or other documentation that clearly displays the size, location, and condition of the subject property; and

6. Any other information and/or records requested by the Committee that are reasonably necessary for its review.

C. Following the satisfactory submission of all appropriate records and information, the Committee shall review the proposed action. For condemnation for road purposes or for the construction of State office buildings, the Committee shall consider whether the request conforms to statutory requirements provided by R.I. Gen. Laws § 37-6-13 et seq. For condemnation for all other purposes, the Committee shall consider whether the agency has demonstrated that the proposed acquisition is necessary or advantageous to the establishment, acquisition, construction, development, betterment, or maintenance of any governmental facility, public work, or public improvement and whether authorization for condemnation is in the best interest of the State.

D. Within six (6) months after the Committee has authorized condemnation proceedings, the agency shall file the necessary documentation in accordance with R.I. Gen. Laws § 37-6-14.

E. When condemnation is authorized by the Committee, the agency shall not be required to come before the Committee other than for final approval of the action or as otherwise required by the condemnation proceedings set forth by R.I. Gen. Laws § 37-6-13 et seq.

1.3.4Request for Approval of Purchase and Sales Agreement

A. Subject to §§1.3.3(E) and 1.3.4(B) of this Part, the agency shall request to come before the Committee for approval of a purchase and sales agreement. An agency's request for approval shall not be submitted to the Committee until the agency is satisfied that an acceptable purchase and sales agreement has been agreed to by the agency and the prospective seller(s), and that all applicable conditions required by §§ 1.3.1 and 1.3.2 of this Part have been met.

B. In the event an agency is exempt from obtaining the Committee's approval of a purchase and sales agreement as a condition of a federal or State grant, the agency shall notify the Committee of its exemption.

C. An agency's request for approval of a purchase and sales agreement must include the following records which shall be submitted to the Committee:

1. A written request for approval of a purchase and sales agreement;

2. The purchase and sales agreement of which the agency is seeking Committee approval;

3. A summary of the agency's valuation findings including appraisal results;

4. Evidence that the Commerce Corporation was notified of the intent to acquire land or other real property and any response from the Commerce Corporation;

5. The proposed funding sources and amounts;

6. An explanation of the purpose of the acquisition;

7. Aerial photographs, dimensional site maps, locus maps, and/or other documentation that clearly displays the size, location, and condition of the subject property;

8. Certification of no conflict of interest for every State employee who has acted or is in acting in the selection of the site;

9. Certificate of disclosure disclosing the information of the seller(s);

10. Certificate of authority, if the seller is a corporation, partnership, or other entity, showing that the person executing the purchase and sales agreement on behalf of the seller is duly authorized to bind the entity; and

11. Any other information and/or records requested by the Committee that are reasonably necessary for its review.

D. Following the satisfactory submission of all appropriate records and information, the Committee shall review the proposed action. The Committee shall consider whether the agency has demonstrated that the proposed acquisition is necessary or advantageous to the establishment, acquisition, construction, development, betterment, or maintenance of any governmental facility, public work, or public improvement and whether approval of the purchase and sales agreement is in the best interest of the State.

E. If the Committee votes to approve the proposed action, the agency may continue the process to acquire the land or other real property interest in accordance with the terms and conditions of the purchase and sales agreement.

1.3.5Title Examination

The agency shall have a title examination of the property performed to determine that all rights intended for purchase by the State are sufficiently provided for by the seller. This requirement may be waived by the Committee for good cause.

1.3.6Survey

The agency shall perform a property survey that meets a Class I Survey standard as set forth in the rules and regulations as established, and as may be amended from time to time, by the Board of Registration for Professional Land Surveyors pursuant to R.I. Gen. Laws § 5-8.1-4. This requirement may be waived by the Committee in instances where the property acquisition is by gift or devise or for other good cause.

1.3.7Request for Approval of Acquisition

A. The agency shall request to come before the Committee for approval to acquire land or other real property interests. An agency's request for approval shall not be submitted to the Committee until all applicable conditions required by §§ 1.3.1 through 1.3.6 of this Part have been met.

B. An agency's request for approval must include the following records which shall be submitted to the Committee:

1. A written request for approval;

2. The legal acquisition document(s) (deed, conservation easement, deed to development rights, etc.) of which the agency is seeking Committee approval;

3. Any updates to the records submitted in connection with the Committee's approval of a purchase and sales agreement;

4. A copy of the title insurance commitment and other relevant title insurance documents;

5. The results of any surveys; and

6. Any other information and/or records requested by the Committee that are reasonably necessary for its review.

C. Following the satisfactory submission of all appropriate records and information, the Committee shall review the proposed action. The Committee shall consider whether the agency has demonstrated that the proposed acquisition is necessary or advantageous to the establishment, acquisition, construction, development, betterment, or maintenance of any governmental facility, public work, or public improvement and whether approval of the proposed action is in the best interest of the State.

D. If the Committee votes to approve the proposed action, the Committee will provide the agency with certification attesting to its approval.

E. In addition to the Committee's approval of the proposed action, the legal acquisition documents as executed by the agency and the seller(s) must be approved as to substance by the Director of Administration and approved as to form by the Attorney General prior to becoming valid.

1.3.8Copy of Legal Acquisition Documents

The agency shall provide the Executive Secretary with an electronic copy of the executed legal acquisition documents within three (3) business days of execution or, if applicable, recording.

600 R.I. Code R. 600-RICR-00-00-1.3