§ 35-8.1-8.3 - Eminent domain proceedings.
SECTION 35-8.1-8.3
§ 35-8.1-8.3 Eminent domain proceedings.– The authority shall have the right to acquire any land, or any interesttherein, by the exercise of the power of eminent domain, whenever it shall bedetermined by the authority that the acquisition of the land, or interest, isnecessary for the construction or the operation of any project.
(a) The necessity for an acquisition shall be conclusivelypresumed upon the adoption by the authority of a resolution declaring that theacquisition of the land, or interest therein, described in the resolution isnecessary for the construction or operation. Within six (6) months thereafterthe authority shall cause to be filed in the land evidence records of the cityor town in which the land is located, a copy of the resolution of theauthority, together with a plat of the land, or interest therein described, anda statement, signed by the chairperson of the authority, that the lands, orinterest therein, are taken pursuant to the provisions of this chapter.Thereupon the authority shall file in the superior court in and for the countyin which the land, or interest therein lies, a statement of the sum of moneyestimated by the authority to be just compensation for the land taken.
(b) Upon the filing of the copy of the resolution, plat, andstatement in the land evidence records of the city or town, the filing in thesuperior court, of the statement, and the depositing in the superior court, tothe use of the persons entitled thereto, of such sum as the court shalldetermine to be amply sufficient to satisfy the claims of all personsinterested in the land (and the court may, in its discretion, take evidence onthe question to determine the sum to be deposited), title to the land, orinterest therein, shall vest in the authority in fee simple absolute and theauthority thereupon may take possession of the land, or interest therein.
(c) No sum so paid into the court shall be charged withclerk's fees of any nature. After the filing of the copy, plat, and statement,notice of the taking of the land, or interest therein, shall be served upon theowners of and persons having an estate in and interested in the land by thesheriff or his or her deputies of the county in which the land, or interesttherein, lies, leaving a true and attested copy of the description andstatement with each of the persons personally, or at their last and usual placeof abode in this state with some person living there, and in the case any ofthe persons are absent from this state and have no last and usual place ofabode therein occupied by any person, the copy shall be left with the persons,if any, in charge of or having possession of the land, or interest therein,taken of the absent persons if the same are known to the officer; and after thefiling of the resolution, plat, and statement, the secretary of the authorityshall cause a copy of the resolution and statement to be published in somenewspaper published or having general circulation in the county where the land,or interest therein, may be located, at least once a week for three (3)successive weeks. If any person shall agree with the authority for the price ofthe land, or interest therein, so taken, the court upon the application of theparties in interest, may order that the sum agreed upon be paid forthwith fromthe money deposited, as the just compensation to be awarded in the proceeding.
(d) Any owner of or persons entitled to any estate in orinterested in any part of the land, or interest therein, so taken, who cannotagree with the authority for the price of the land, or interest therein, sotaken in which he or she is interested as aforesaid, may, within three (3)months after personal notice of the taking, or, if he or she have no personalnotice, may within one year from the first publication of the copy of theresolution and statement, apply by petition to the superior court in and forthe county in which the land, or interest therein, lies, setting forth thetaking of his or her land or interest therein, and praying for an assessment ofdamages by a jury. Upon the filing of the petition the court shall cause twenty(20) days notice of the pendency thereof to be given to the authority byserving the chairperson or vice chairperson of the authority with a certifiedcopy thereof, and may proceed after notice to the trial thereof; and the trialshall determine all questions of fact relating to the value of the land, orinterest therein, and the amount thereof, and judgment shall be entered uponthe verdict of the jury and execution shall be issued therefor against themoney so deposited in court and in default thereof against any other propertyof the authority. In case two (2) or more conflicting petitioners make claim tothe same land, or to any interests therein, or to different interests in thesame parcel of land, the court upon motion shall consolidate their severalpetitions for trial at the same time by the same jury, and may frame allnecessary issues for the trial thereof; and all proceedings taken pursuant tothe provisions of this chapter shall take precedence over all other civilmatters then pending before the court, or if the superior court in and for thecounty in which the land, or interest therein, lies, be not in session in thecounty, then the trial may be heard in the superior court for the counties ofProvidence and Bristol.
(e) If any lands, or interests therein, in which any minor orother person not capable in law to act in his or her own behalf is interested,are taken by the authority under the provisions of this chapter, the superiorcourt, upon the filing therein of any petition by or in behalf of the minor orother person, may appoint a guardian ad litem for the minor or other person,and the guardian may appear and be heard in behalf of the minor or otherperson; and the guardian may also, with the advice and consent of the superiorcourt and upon the terms as said superior court may prescribe, release to theauthority all claims for damages for the lands of the minor or other person orfor any interests therein. Any lawfully appointed, qualified, and actingguardian or other fiduciary of the estate of any minor or other person, withthe approval of the court of probate within this state having jurisdiction toauthorize the sale of lands and properties within this state of any minor orother person, may, before the filing of any petition, agree with the authorityupon the amount of damages suffered by the minor or other person by any takingof his or her lands or of his or her interests in any lands, and may, uponreceiving the amount, release to the authority all claims of damages of theminor or other person for such taking.
(f) Whenever, from time to time the authority has satisfiedthe court that the amount deposited with the court is greater than is amplysufficient to satisfy the claims of all persons interested in the land, thecourt may order that the amount of any excess including any interest orincrement on any sums so deposited shall be repaid to the authority. Wheneverthe authority has satisfied the court that the claims of all persons interestedin the land taken have been satisfied, the unexpended balance, including anyinterest of increment on any sums so deposited, shall be paid forthwith to theauthority.
(g) In any proceedings for the assessment of compensation anddamages for land or interest therein taken or to be taken by eminent domain bythe authority the following provisions shall be applicable:
(1) At any time during the pendency of the action orproceeding, the authority or an owner may apply to the court for an orderdirecting an owner or the authority, as the case may be, to show cause whyfurther proceedings should not be expedited, and the court may upon anapplication make an order requiring that the hearings proceed and that anyother steps be taken with all possible expedition.
(2) If any of the land, or interest therein, is devoted to apublic use, it may, nevertheless, be acquired, and the taking shall beeffective provided that no land, or interest therein, belonging to a publicutility corporation may be acquired without the approval of the publicutilities administrator or other officer or tribunal having regulatory powerover the corporation. Any land, or interest therein, already acquired by theauthority may, nevertheless be included within the taking for the purpose ofacquiring any outstanding interests in the land.