TITLE 23

Health and Safety

CHAPTER 23-19

Rhode Island Resource Recovery Corporation

SECTION 23-19-34



   § 23-19-34  Central landfill buffer zone.

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(a) The corporation shall be required to establish a buffer zone surrounding

the operational portion of the central landfill, as identified per site master

plan No. 06538, and the area licensed for landfilling, hereinafter referred to

as the entire operational portion of the central landfill. In order to create

the buffer zone, the corporation shall acquire all real property zoned

residential as of July 31, 1988 and remains zoned residential as of October 1,

1989 within one thousand feet (1000') of the entire operational portion of the

central landfill. In addition, the corporation shall acquire those residential

real properties in the town of Johnston located on Simmons Lake Drive and

designated on the town assessor's map, of December 31, 1988, as Plat 31, Lots

013 through 024 and Plat 31, Lots 026 through 034.



   (b) To accomplish acquisition, the corporation shall exercise

the power of eminent domain as shall be granted by the general assembly. All

properties subject to acquisition under this section shall be acquired at fair

market value.



   (c) The corporation shall not be authorized to make

relocation payments of any form to owners whose property is subject to

acquisition under this section.



   (d) For the purposes of this section, the corporation shall

acquire the total acreage and all buildings (if applicable) of any parcel which

is encroached upon to any degree by the one thousand foot (1000') mark as

measured from the perimeter of the entire operational portion of the central

landfill.



   (e) Notwithstanding the other provisions of this section,

those parcels belonging to the town of Johnston identified on the town

assessor's map, at December 31, 1988, as Plat 43, Lot 012 and Plat 43, Lot 013,

shall not be subject to the acquisition described in this section unless

authorized by the Johnston town council. Notwithstanding any other provision of

this chapter, the corporation may utilize any property acquired pursuant to

this section or § 23-19-35 for the development of an industrial/business

park pursuant to § 23-19-35.1(c) and the development of an

industrial/business park is deemed to constitute the establishment of a buffer

zone as prescribed in this section.



History of Section.

(P.L. 1989, ch. 277, § 2; P.L. 2001, ch. 316, § 1.)