§ 30-15-11 - Emergency claims commission.
SECTION 30-15-11
§ 30-15-11 Emergency claims commission.– (a) There is hereby created an emergency claims commission, consisting of three(3) qualified electors of this state, who shall, if deemed necessary, withinten (10) days after the governor proclaims an emergency, be appointed by thepresiding justice of the superior court. Any vacancy in the membership of thecommission shall be filled immediately by the presiding justice. The presidingjustice shall fix the per diem compensation of the members of the commission.The commission shall determine what sum will justly compensate the claimant forthe property taken, and that determination shall be made in accordance with theprocedure established by the majority of the justices of the superior court,which procedure shall be designed to secure the just, speedy, and inexpensivedetermination of claims for compensation. The commission may hire and the stateshall pay for the services of any skilled and disinterested appraisers that thecommission shall deem necessary to assist it in the performance of its duties.The clerk of the superior court for Providence county shall detail one of theassistant clerks and any clerical assistance that may be necessary to assistthe commission in performing its duties, and when and if the commission sorequests, the clerks of the superior courts for the other counties of the stateshall furnish the commission any clerical assistance that it may require. Theproper authorities shall provide the commission with suitable and convenientquarters in the courthouses of the state.
(b) Whenever the governor takes possession of or title to anyreal or personal property pursuant to the provisions of this chapter, he or sheshall immediately cause the owner and/or possessor of the property, referred toas the "claimant", to be notified in any manner that the commission provides,and shall also cause a copy of the notice to be filed with the commission. Ifthe claimant or the attorney general representing the state is not satisfiedwith the award made by the commission, he or she may appeal within thirty (30)days after the award to the superior court, and the proceedings shallthereafter be conducted in the superior court in accordance with the guarantiesof the constitution and any rules of procedure that a majority of the justicesof the court may adopt. Review by the supreme court shall be available to thestate and to the claimant in accordance with any rules that a majority of thejustices of the supreme court may adopt provided a petition for review is filedin the office of the clerk of the supreme court within thirty (30) days afterentry of the decision of the superior court. These proceedings shall haveprecedence on the calendars of the courts. All unappealed awards and finaljudgments entered against the state in all proceedings and the fees andexpenses of the commission shall be paid by the general treasurer out of anymoney in the treasury appropriated for this purpose and/or any money in thetreasury not otherwise appropriated, and this direction shall constitute anappropriation for the payment of the awards, judgments, fees, and expenses.