The Taking Issue 



Clarificarion Provided bv an Amendment to the R.I. Constitution 



In response to general concern regarding the effect of the Annicelli d ecision on local and 

 state regulatory action, delegates to the 1986 Rhode Island Constitutional Convention 

 prepared findings and recommendations supporting amendment of the Rhode Island 

 Constitution to clarify the state's position. The resulting resolution contained amendments 

 to Article I, Section 16 of the state Constitution, which were overwhekningly approved in a 

 subsequent referendum. Section 16 of Article 1 now reads: 



Section 16. Private property shall not be taken for public uses, without just compensation. 

 The powers of the state and of its municipalities to regulate and control the use of land and 

 waters in furtherance of the preservation, regeneration, and restoration of the natural 

 environment, and in funherance of the protection of the rights of the people to eniov and 

 freely exercise the rights of fishery and the privileges of the shore, as those rights and 

 duties are set fonh in section 17. shall be an exercise of the police powers of the state, shall 

 be Hberally construed, and shall not be deemed to be a public use of private property. 



The amendment clearly affirms the will of the people of the state, apan ftx)m legal precedent 

 established by case law. Because the findings and recommendations formally address 

 many of the issues of concern oudined in this section, they are reproduced here in full. 



Findings Regarding Proposed Amendmeru to Article I, Section 16 of the Rhode Island 

 Constitution 



1. The pressures of increasing population, population shifts, and increasing affluence have 

 created substantial pressure to develop ail areas of this state. 



2. The development which has occurred, and can be expected in the future to occur, 

 presents the potential to cause irreparable harm to the State by adversely affecting and 

 destroying sensitive environmental systems and natural areas. 



3. Advances in scientific knowledge have established that natural environmental systems 

 are critical to the long-term well being of the inhabitants of this state. Preservation and 

 protection of natural environmental systems are important no only aesthetically, but also 

 from the standpoint of public health and safety. 



4. Destruction of coastal and freshwater wetlands, and of barrier beaches and dune 

 systems, for example, created a harm to all of the public, because of the protective role 

 those systems play in the overall ecological balance. Wetiands store rainwater runoff, 

 regulate flooding, and serve as breeding grounds for wildlife, all of which are important 

 ultimately to the health and economy of the state. Beach and dune systems protect against 

 storm damage and erosion. 



5. Regulation of land use is necessary to prevent harm to the public from improper 

 practices. Solid waste disposal, for example, unless carefully regulated, can create 

 irreparable harm to surface and ground waters. 



6. Proper regulation of activities which can affect the natural environment of this State is 

 necessary to protect the public from the harm which will flow from unwise and 

 inappropriate activities on, and development of, land. 



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