Bill Sponsors
McNamara, Solomon, Bennett, Hopkins, and Shanley
Committee
House Municipal Government & Housing
Summary
Select
This bill allows the city of Warwick to sell or transfer a specific piece of property located at 34 Warwick Lake Avenue. Normally, state law prevents cities and towns from selling land that was given to them as a gift for public use. However, this legislation creates an exception for this particular property in Warwick, as the previous legal restrictions on the land have officially expired.
Sponsor
Analysis
Pros for Progressives
- Allows the local government to dispose of unused or unrestricted property, potentially raising funds that could be reinvested into community welfare programs or public services in Warwick.
- Empowers local municipal decision-making, allowing the city to repurpose land to better serve the current needs of the community.
- By selling the property, the city could potentially open up the land for progressive uses, such as affordable housing or community development projects.
Cons for Progressives
- Results in the loss of public land that was originally intended for community use, reducing the amount of shared space available to residents.
- The sale of public land to private interests could lead to commercial development that does not benefit the local community or lower-income residents.
- Sets a legislative precedent for overriding charitable trusts and public use gifts, which could threaten other protected public lands and green spaces in the future.
Pros for Conservatives
- Returns government-owned property to the private sector, promoting private property rights and encouraging potential commercial or residential development.
- Allows the local government to generate revenue from the sale of the asset, potentially reducing the need for future tax increases on citizens to fund municipal operations.
- Eliminates outdated restrictions on a parcel of land, reducing government red tape and allowing the free market to determine the property's best use.
Cons for Conservatives
- Interferes with the original intent of the private donor who gifted the land, which undermines traditional respect for private contracts and testamentary gifts.
- Requires state-level intervention for a hyper-local real estate transaction, reflecting unnecessary government bureaucracy and legislative micromanagement.
- The funds generated from the sale could be used by the local government to expand municipal bureaucracy rather than reducing taxes or paying down debt.
Constitutional Concerns
None Likely. The bill simply authorizes a municipality to sell a specific parcel of land because the previous deed restrictions have statutorily expired. Municipalities are creations of the state, and the state legislature has the Constitutional authority to grant them specific property disposal powers.
Impact Overview
Groups Affected
- Warwick residents
- Warwick city officials
- Real estate developers
- Potential property buyers
- Local taxpayers
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
• 05/15/2026 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
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.