§ 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 of this title,
the department of environmental management may acquire by purchase, gift, devise,
or condemnation, lands, easements, rights, and interests in land for a park, recreation
ground, or bathing beach in any part of the state, whether that property is situated
in the cities or towns in which its powers may be exercised under the provisions of
§ 32-2-1, or is situate in any other city or town; provided, that all property other than
tide-flowed lands acquired by condemnation shall remain subject to al
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§ 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 of this title,
the department of environmental management may acquire by purchase, gift, devise,
or condemnation, lands, easements, rights, and interests in land for a park, recreation
ground, or bathing beach in any part of the state, whether that property is situated
in the cities or towns in which its powers may be exercised under the provisions of
§ 32-2-1, or is situate in any other city or town; provided, that all property other than
tide-flowed lands acquired by condemnation shall remain subject to all rights of riparian
proprietors on any waters bordering upon the property, that no riparian rights shall
be taken, destroyed, impaired, or affected by the condemnation, that all riparian
proprietors shall have the right to continue to maintain, repair, or reconstruct dams
and their appurtenances now existing on the waters bordering upon that property and
for this purpose to enter upon that property, restoring it after repair or reconstruction
to its previous condition as nearly as may be, and shall continue to enjoy the same
rights of flowage with respect to that property that the riparian proprietors have
heretofore used and enjoyed. Subject to the foregoing provisions of this section,
the department may use, or permit the use of, property, acquired by it under the provisions
of this section and the waters bordering thereon, for bathing, boating, fishing, and
skating, and shall have the same authority, supervision, and control over that property
as it has over other property acquired by the department under other provisions of
this chapter or any other law.