Bill Sponsors
McNamara, Solomon, Bennett, Hopkins, and Shanley
Committee
House Municipal Government & Housing
Summary
Select
This bill amends state law regarding the sale of public lands given to cities or towns. Typically, municipalities are not allowed to sell or give away land that was originally gifted to them for public use. This legislation creates a specific exception for the city of Warwick. It allows Warwick to sell or transfer a single piece of property located at 34 Warwick Lake Avenue, noting that previous restrictions on the property's deed have already expired.
Sponsor
Analysis
Pros for Progressives
- Allowing the city to sell this unused or unrestricted property could generate funds that Warwick can reinvest into essential public services or community welfare programs.
- Returning this specific parcel to the open market could create opportunities for new housing development, potentially helping to address local housing shortages.
- By clearing up the legal status of an older property, the local government can better manage its assets to serve the current needs of the community rather than being bound by outdated restrictions.
Cons for Progressives
- Selling land originally gifted for public use reduces the total amount of public space available to the community, which could limit future parks or community centers.
- The bill facilitates the privatization of public assets, transferring property into private hands rather than preserving it for the collective benefit of the residents.
- Creating one-off exceptions for specific towns to sell public land could set a negative precedent, encouraging other cities to sell off their public trust lands for short-term financial gain.
Pros for Conservatives
- The bill reduces government ownership of land, returning the property to the private sector where it can be developed or utilized by private citizens or businesses.
- Selling the property will likely place it back on the local tax rolls, generating new property tax revenue for the city without raising taxes on existing residents.
- It removes burdensome and outdated government restrictions on a specific parcel of land, promoting free-market principles and local economic development.
Cons for Conservatives
- Overriding the original intent of a private citizen's gift to the city undermines the sanctity of private contracts and traditional property rights.
- Creating special carve-outs in state law for specific municipalities rather than applying a uniform rule of law could be seen as government favoritism.
- Allowing the government to sell off gifted assets might discourage future private philanthropy or land donations, as donors may fear their conditions will eventually be ignored by lawmakers.
Constitutional Concerns
None Likely. The state legislature generally has the authority to regulate municipal powers and property, and the bill explicitly notes that previous deed restrictions on the property have already expired under existing law.
Impact Overview
Groups Affected
- Warwick residents
- Real estate buyers
- Warwick city officials
- Property developers
- Taxpayers of Warwick
Towns Affected
Warwick
Cost to Taxpayers
None
Revenue Generated
Amount unknown
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Bill Status
Current Status
Held
Comm Passed
Floor Passed
Law
History
• 05/15/2026 Introduced, referred to House Municipal Government & Housing
• 05/15/2026 Scheduled for hearing and/or consideration (05/21/2026)
• 05/21/2026 Committee recommended measure be held for further study
• 05/22/2026 Scheduled for consideration (05/26/2026)
• 05/22/2026 Proposed Substitute
• 05/26/2026 Committee recommends passage of Sub A
• 05/29/2026 Placed on House Calendar (06/03/2026)
• 06/03/2026 House passed Sub A
• 06/07/2026 Placed on the Senate Consent Calendar (06/09/2026)
• 06/09/2026 Senate passed Sub A in concurrence
• 05/15/2026 Scheduled for hearing and/or consideration (05/21/2026)
• 05/21/2026 Committee recommended measure be held for further study
• 05/22/2026 Scheduled for consideration (05/26/2026)
• 05/22/2026 Proposed Substitute
• 05/26/2026 Committee recommends passage of Sub A
• 05/29/2026 Placed on House Calendar (06/03/2026)
• 06/03/2026 House passed Sub A
• 06/07/2026 Placed on the Senate Consent Calendar (06/09/2026)
• 06/09/2026 Senate passed Sub A in concurrence
Bill Text
SECTION 1. Section 45-2-6 of the General Laws in Chapter 45-2 entitled "General Powers" is hereby amended to read as follows:
45-2-6. Lands given for specific use not subject to disposal.
(a) Except as provided in subsection (b) of this section, nothingNothing in § 45-2-5 shall be construed to authorize the sale, lease, or conveyance of lands or improvements acquired by gift or devise for the public use, whether or not the gift or devise is subject to a condition subsequent or reverter; and no property held by any city or town as part of a charitable trust shall be considered to come within the provisions of § 45-2-5.
(b) Notwithstanding subsection (a) of this section, the city of Warwick may sell, convey, or grant, for consideration or otherwise, the parcel of real estate located at 34 Warwick Lake Avenue, identified on the Warwick tax assessor's maps as Plat 328, Lot 261, in fee simple absolute or otherwise, pursuant to the procedures set forth in § 45-5-5, all restrictions of record having already expired pursuant to § 34-4-24.
SECTION 2. This act shall take effect upon passage.
45-2-6. Lands given for specific use not subject to disposal.
(a) Except as provided in subsection (b) of this section, nothing
(b) Notwithstanding subsection (a) of this section, the city of Warwick may sell, convey, or grant, for consideration or otherwise, the parcel of real estate located at 34 Warwick Lake Avenue, identified on the Warwick tax assessor's maps as Plat 328, Lot 261, in fee simple absolute or otherwise, pursuant to the procedures set forth in § 45-5-5, all restrictions of record having already expired pursuant to § 34-4-24.
SECTION 2. This act shall take effect upon passage.
SECTION 1. Section 45-2-6 of the General Laws in Chapter 45-2 entitled "General Powers" is hereby amended to read as follows:
45-2-6. Lands given for specific use not subject to disposal.
(a) Except as provided in subsection (b) of this section, nothingNothing in § 45-2-5 shall be construed to authorize the sale, lease, or conveyance of lands or improvements acquired by gift or devise for the public use, whether or not the gift or devise is subject to a condition subsequent or reverter; and no property held by any city or town as part of a charitable trust shall be considered to come within the provisions of § 45-2-5.
(b) Notwithstanding subsection (a) of this section, the city of Warwick may sell, convey, or grant, for consideration or otherwise, the parcel of real estate located at 34 Warwick Lake Avenue, identified on the Warwick tax assessor's maps as Plat 328, Lot 261, in fee simple absolute or otherwise, pursuant to the procedures set forth in § 45-2-5, all restrictions of record having already expired pursuant to § 34-4-24.
SECTION 2. This act shall take effect upon passage.
45-2-6. Lands given for specific use not subject to disposal.
(a) Except as provided in subsection (b) of this section, nothing
(b) Notwithstanding subsection (a) of this section, the city of Warwick may sell, convey, or grant, for consideration or otherwise, the parcel of real estate located at 34 Warwick Lake Avenue, identified on the Warwick tax assessor's maps as Plat 328, Lot 261, in fee simple absolute or otherwise, pursuant to the procedures set forth in § 45-2-5, all restrictions of record having already expired pursuant to § 34-4-24.
SECTION 2. This act shall take effect upon passage.
Changes from H8558A:
The only change in the amended bill is a correction to a statutory reference regarding the procedures the city of Warwick must follow to sell or convey a specific parcel of real estate. The reference was updated from chapter 45-5-5 to 45-2-5.
- The statutory reference in subsection (b) has been changed from "§ 45-5-5" to "§ 45-2-5".
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The only change in the amended bill is a correction to a statutory reference regarding the procedures the city of Warwick must follow to sell or convey a specific parcel of real estate. The reference was updated from chapter 45-5-5 to 45-2-5.
- The statutory reference in subsection (b) has been changed from "§ 45-5-5" to "§ 45-2-5".
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