§ 32-1-3 - Acquisition of land – Riparian rights – Control of land use.
SECTION 32-1-3
§ 32-1-3 Acquisition of land –Riparian rights – Control of land use. – To more effectually carry out the purposes of this chapter and chapter 2 ofthis title, the department of the environment may acquire by purchase, gift,devise, or condemnation, lands, easements, rights, and interests in land for apark, recreation ground, or bathing beach in any part of the state, whetherthat property is situate in the cities or towns in which its powers may beexercised under the provisions of § 32-2-1, or is situate in any othercity or town; provided, that all property other than tide-flowed lands acquiredby condemnation shall remain subject to all rights of riparian proprietors onany waters bordering upon the property, that no riparian rights shall be taken,destroyed, impaired, or affected by the condemnation, that all riparianproprietors shall have the right to continue to maintain, repair, orreconstruct dams and their appurtenances now existing on the waters borderingupon that property and for this purpose to enter upon that property, restoringit after repair or reconstruction to its previous condition as nearly as maybe, and shall continue to enjoy the same rights of flowage with respect to thatproperty which the riparian proprietors have heretofore used and enjoyed.Subject to the foregoing provisions of this section, the department may use, orpermit the use of property, acquired by it under the provisions of this sectionand the waters bordering thereon, for bathing, boating, fishing, and skating,and shall have the same authority, supervision, and control over that propertyas it has over other property acquired by the department under other provisionsof this chapter or any other law.