AN ACT RELATING TO PROPERTY -- ESTATES IN REAL PROPERTY

2026 Regular Session Introduced by Stephen Casey

Prohibits restrictive covenants that bar grocery stores from using land, with narrow exceptions for recent relocations within a half-mile and strict timing limits.

06/18/2026 Signed by Governor

Summary of HB 8106 (Rhode Island, 2026) – Relating to Property – Estates in Real Property

Purpose and intent

Prohibits restrictive covenants and restrictions related to the use of land designated for retail establishments that regularly sell fresh food for off-premises consumption (e.g., grocery stores and supermarkets).

Aims to prevent private land-use restrictions that bar or limit grocery stores from locating in certain areas, thereby promoting competition and access to fresh food.

Key provisions and changes

Section 34-4-31 establishes that covenants restricting the use of land for grocery stores or similar retailers are void and unenforceable, with limited exceptions outlined below.

Exceptions (allowed under subsection (b)) where a restriction may still be enforceable if all conditions are met:

The land subject to the restriction was used by the seller within the previous six months to operate a retail establishment selling fresh food for off-site consumption (the “discontinued site”).
The seller has identified and purchased land to operate a new retail establishment selling fresh food for off-site consumption (the “relocated store”).
The relocated store is similar in size and scope of products to the discontinued site.
The relocated store is located within one-half mile of the discontinued site.
Relocation and commencement of operations at the new site occur within one year after the closure of the discontinued site.
Any restrictive covenant on the discontinued site has a term not exceeding eighteen months from the date of closure.

The act clarifies that covenants entered into prior to the effective date are not affected (i.e., grandfathered restrictions remain valid if they predate the bill’s passage).

If any portion is found unlawful by a court, the remaining portions remain in effect (severability).

Who or what is affected

Retail land covenants and restrictions related to grocery stores and similar fresh-food retailers.

Property owners, developers, or sellers who seek to impose or enforce covenants restricting grocery-store use.

Prospective grocery-store operators seeking to locate in Rhode Island communities.

Municipalities and zoning authorities may see changes in how private covenants interact with local grocery-store access.

Procedural and timeline aspects

Introduced: February 27, 2026, by Representative Stephen M. Casey.

Referred to: House Judiciary.

Committee action history:

March 20, 2026: Scheduled for hearing/consideration (March 26).
March 26, 2026: Committee recommended the measure be held for further study.
May 22, 2026: Scheduled for consideration (May 26).

Effective date: Upon passage (no delayed or phased-in date in the bill).

Practical impact and considerations

If enacted, it would curb efforts to block grocery stores via restrictive covenants, potentially increasing competition and access to fresh foods in Rhode Island.

The exception provision provides a narrow pathway for moving a grocery operation within half a mile, with tightly defined timing and covenant duration limits.

Stakeholders should consider existing covenants, potential relocation plans, and real-estate strategies in light of the new restrictions and the narrowly tailored exception window.