§ 46-5-1.1 - Permission to conduct filling activity distinguished from grants of rights and property interest in the filled area.
SECTION 46-5-1.1
§ 46-5-1.1 Permission to conduct fillingactivity distinguished from grants of rights and property interest in thefilled area. – (a) It is the policy of the state of Rhode Island that the state's permissionto fill tidelands is separate and distinct from the state's granting of aright, title, or interest in and to the resulting filled area. Furthermore, itis the policy of the state of Rhode Island that the state permission to usetidal lands is separate and distinct from the state's conveyance of its feetitle estate, or any real estate interest, in the tidal lands. Any title to afree hold estate may be conveyed only by a valid legislative grant for publictrust purposes by direct enactment of the general assembly as specified in thischapter. Moreover, any leasehold interest or license to use those lands mayonly arise under the authority of the general assembly whether exercised by thegeneral assembly itself or exercised pursuant to a valid delegation to a dulyauthorized instrumentality of the state. Any state permission to use tidallands belonging to the state shall be deemed to create only a revocable licenseinterest unless a greater interest is clearly intended by the permission andthe requirements of this chapter for the creation of that greater interest aremet.
(b) It is intended that there shall be no acquiring of anyright or title whatsoever to these public lands by adverse possession or by aacquiescence of the sovereign. It is further intended that there shall be noacquiring of any right or title to any freehold estate to these public lands byany permit or approval to conduct fill activity, however denominated ormanifested, or by any other means, including through the leasing and licensingof these public lands, except solely by grant and enactment of the generalassembly as provided in this chapter for a use that benefits the public underthe public trust doctrine. Without impairing any right, title, or interest thatmay have previously vested, any placement of fill to a harbor line or otherfilling of tidal lands, which has not been commenced and completed as of thedate of the enactment of this section [July 18, 2000], shall not beeffective as conveying the state's title nor as a limitation on the publictrust.
(c) Nothing in this section shall be construed to limit,impair, increase, or add to the ownership rights or title in any filled landswhich vested prior to the enactment of this section [July 18, 2000].