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Bill

SB 2644

AN ACT RELATING TO PROPERTY -- ESTATES IN REAL PROPERTY

2026 Regular Session Introduced by Melissa Murray and 1 co-sponsor

Prohibits restrictive covenants on grocery/fresh-food retailers, voiding them unless six relocation criteria (site use, new land, size, proximity, timing, covenant term) are met.

06/18/2026 Signed by Governor
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Bill Summary · SB 2644

Summary of Bill: SB 2644 (Rhode Island, 2026)

Basic Information

  • Title: AN ACT RELATING TO PROPERTY — ESTATES IN REAL PROPERTY
  • Legislative Session: 2026
  • Jurisdiction: Rhode Island
  • Introduced By: Senators Melissa N. Murray and Brian Thompson
  • Date Introduced: February 27, 2026
  • Referred To: Senate Commerce
  • Sponsor Notes: Co-sponsors Murray and Thompson

Purpose and Intent

  • The bill seeks to prohibit restrictive covenants related to grocery stores and other retail establishments that sell fresh food for off-premises consumption. In doing so, it aims to prevent private land-use covenants from restricting where grocery stores can locate or relocate, with limited, specified exceptions.

Key Provisions

Section 34-4-31: Prohibition and Exceptions

  • Prohibition (a): Any covenant or restriction on land use that would limit a retail establishment selling fresh food for off-premises consumption (e.g., grocery stores, supermarkets) is void and unenforceable—subject to the exceptions described in subsection (b).

  • Exceptions (b): The prohibition does not apply if all six conditions are met:

    1. The land subject to restriction was used by the seller within the prior six months for operating a fresh-food retail establishment for off-premises consumption (a discontinued site).
    2. The seller has identified and purchased land to operate a new retail establishment for fresh food (a relocated store).
    3. The relocated store is similar in size and scope to the discontinued site.
    4. The relocated store is located within one-half mile of the discontinued site.
    5. Relocation and commencement of operations at the new site occur within one year after the closure of the discontinued site.
    6. The restrictive covenant on the discontinued site does not have a term exceeding eighteen months from the date of closure.
  • (c) Pre-existing covenants: The prohibitions do not apply to restrictive covenants or other agreements entered into before the act’s effective date.

  • (d) Severability: If any portion is held unlawful by a court, the remaining portions survive.

Effective Date

  • Effective upon passage of the act.

Who and what is Affected

  • Affected Parties: Property owners and sellers who would otherwise be subject to restrictive covenants on use of land for grocery or fresh-food retail establishments.
  • Impact Scope: Covenants that attempt to restrict grocery store locations would generally be void, unless the specific relocation criteria (the six conditions) are satisfied.

Procedural and Timeline Considerations

  • Timeline Triggers: If a seller intends to rely on the relocation exception, several time-based conditions apply (six-month prior site usage, relocation within one year, half-mile proximity, up to eighteen months for covenant term).
  • Procedural History:
    • Introduced February 27, 2026.
    • Referred to Senate Commerce; scheduled for hearing/consideration in March 2026.
    • Committee recommended the measure be held for further study (as of March 24, 2026).
    • Further consideration scheduled (as of April 24, 2026).

Potential Impacts and Considerations

  • Market and Development Impacts: Could encourage flexibility in locating grocery stores, potentially reducing the use of restrictive covenants to control retail landscapes.
  • Property Transactions: Real estate transactions involving grocery-anchored shopping centers or covenanted parcels may be affected, particularly where relocations meet the six criteria.
  • Public Policy Rationale: Balances private property covenants with regional access to fresh food by enabling relocation under specified circumstances.

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Compiled from official sources — confirm details with the bill’s official record.

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