PROPERTY -- ESTATES IN REAL PROPERTY, the official text

H8106 2026 -- H 8106 ======== LC004778 ======== STATE OF RHODE ISLAND IN GENERAL ASSEMBLY JANUARY SESSION, A.D. 2026 ____________ A N A C T RELATING TO PROPERTY -- ESTATES IN REAL PROPERTY Introduced By: Representative Stephen M. Casey Date Introduced: February 27, 2026 Referred To: House Judiciary (Lieutenant Governor) It is enacted by the General Assembly as follows: 1 SECTION 1. Chapter 34-4 of the General Laws entitled Estates in Real Property is 2 hereby amended by adding thereto the following section: 3 34-4-31. Prohibition of restrictive covenants related to grocery stores. 4 (a) A covenant or restriction concerning the use of land designated as a retail establishment 5 where fresh food is regularly and customarily sold in a bona fide manner for off-premises 6 consumption including, but not limited to, grocery stores and supermarkets, shall be void and 7 unenforceable, except under circumstances as set forth in subsection (b) of this section. 8 (b) The prohibition in this section shall not apply to covenants or restrictions on concerning 9 the use of land if all of the following conditions are met: 10 (1) The land subject to restriction has been used by the seller within the six (6) months 11 prior to the date of the agreement for the operation of a retail establishment for the sale of fresh 12 food for off-premises consumption including, but not limited to, a grocery store or supermarket 13 (hereafter known as the “discontinued site”); 14 (2) The seller has identified and purchased land to be used for the operation of a new retail 15 establishment for the sale of fresh food for off-premises consumption including, but not limited to, 16 a grocery store or supermarket (hereafter known as the “relocated store”); 17 (3) The relocated store is similar in size and scope of products sold when compared to the 18 discontinued site; 19 (4) The relocated store is located within one-half (1/2) mile of the discontinued site; 1 (5) Relocation and commencement of operations of the relocated store at the new site 2 occurs within one year following closure; and 3 (6) The restrictive covenant imposed on the discontinued site does not have a term in excess 4 of eighteen months from the date of closure. 5 (c) The prohibitions set forth in this section do not apply to restrictive covenants or other 6 agreements entered into prior to the effective date of this section. 7 (d) If any portion of this section is found by a court of competent jurisdiction to be 8 unlawful, such finding shall not affect any other portion of this section not specifically so found. 9 SECTION 2. This act shall take effect upon passage. ======== LC004778 ======== LC004778 - Page 2 of 3 EXPLANATION BY THE LEGISLATIVE COUNCIL OF A N A C T RELATING TO PROPERTY -- ESTATES IN REAL PROPERTY *** 1 This act would prohibit restrictive covenants related to grocery stores. 2 This act would take effect upon passage. ======== LC004778 ======== LC004778 - Page 3 of 3