There is hereby established the Town of Johnston
Land Trust, hereinafter called the "Trust."
A. The Trust shall have the authority to acquire, hold
and manage real property and interest therein including development
rights situated in the Town consisting of open, residential, agricultural,
recreational, historical or littoral property, including existing
and future well fields and aquifer recharge areas; freshwater and
saltwater marshes; and adjoining uplands, barrier beaches, wildlife
habitats, land and buildings providing access to or views of the ocean,
harbors, and ponds; land or bicycling and hiking paths for future
public recreational use; and land for agricultural use or airspace
thereof.
B. With the exception of property acquired for public
historical preservation or recreational purposes, the Trust shall
hold all property or development rights solely as open space, for
agricultural uses, for water purposes, for public access or to prevent
the accelerated residential or commercial development thereof, as
the Trustees may determine.
Any real properly held and used by the Trust,
an organization meeting the definition of "charitable trust" as set
forth in R.I.G.L. § 18-9-4 (as amended), and exclusively
used for the purpose of conserving open space as that term is defined
in Title 45, Chapter 36, of the Rhode Island General Laws (as amended),
shall be exempt from taxation by the Town of Johnston, except that
taxes assessed as of the December 31 next preceding the date of acquisition
by the Town of Johnston Land Trust shall be paid through the date
of acquisition.
The Trust shall have the power to:
A. Purchase, receive by gift, or otherwise acquire fee
simple or lesser interests in real property, including development
rights as defined in R.I.G.L. § 42-82-2, or any interest
in real property consistent with purposes of this article, including
other development rights of any kind whatsoever; provided, however,
that in cases involving the expenditure of Town funds, such acquisitions
shall be in general conformance with the comprehensive community plan;
B. Accept gifts, grants or loans of funds or services
from any source, public or private, and comply, subject to the provisions
of this article, with any terms and conditions thereof;
C. Accept, from state and/or federal agencies, loans
or grants for use in carrying out the Trust's purposes and enter into
agreements with such agencies respecting such loans or grants;
D. Employ counsel, auditors, engineers, appraisers, private
consultants, advisors, secretaries or other personnel needed to perform
its duties;
E. Administer and manage land and interests in land held
by it in a manner which allows public use and enjoyment consistent
with the natural and scenic resources thereof, including conveyance
of any such land or interests in land to, and contracts with, nonprofit
organizations, provided such land shall continue to be used in a manner
consistent with the purposes of this article and with the terms of
any grant or devise by which such land was acquired by the Trust;
F. Incur debt, only after authorization in each instance
by vote of the municipal budget or special appropriation process used
by the Town;
G. Dispose by sale or otherwise of all or any portion
of its real property or interests therein held by it, whenever in
the opinion of the Trustees such lands or properties have become unsuitable
or have ceased to be used for the purposes set forth in this article
or unless the best interests of the Trust shall be served by such
sale or other disposition; such disposition or sale shall be made
only by a vote of the Trustees in which at least four members vote
in favor of such a disposition or sale and further only after having
been approved by the Town Council; and
H. Otherwise do all things necessary for the performance
of its duties, the fulfillment of its obligations and the conduct
of its business.