§ 37-7-4 - Land taken for improvements adjacent to roads.
SECTION 37-7-4
§ 37-7-4 Land taken for improvementsadjacent to roads. – Whenever land is taken for the establishing, laying out, widening, extending,or relocating of public highways, streets, places, parks, or parkways, theacquiring authority may take more land and property than is needed for actualconstruction; provided, however, that the additional land and property soacquired or taken shall be no more in extent than would be sufficient to formsuitable building sites abutting on the public highway, street, place, park, orparkway. After so much of the land and property has been appropriated for thepublic highway, street, place, park, or parkway as is needed therefor, theremainder may be held and improved by the acquiring authority for any publicpurpose or purposes, or may, with the approval of the state propertiescommittee, be sold or leased for value, with or without suitable restrictions,and in the case of any sale or lease, the person or persons from whom theremainder was taken shall have the first right to purchase or lease theproperty upon such terms as the acquiring authority, with the approval of thestate purchasing agent, is willing to sell or lease the property. The firstright to purchase or lease shall be conclusively presumed to have been waivedin the event that a written offer to sell or lease the property, containing theterms of the offer, shall have been sent by registered or certified mail to thelast known address of the person or persons from whom the remainder was takenand the offer shall not have been accepted within thirty (30) days from thedate of the mailing, and provided further that in the event the person orpersons from whom the land was originally purchased refuse or waive their rightto repurchase, or lease the land or property, the city or town wherein the landis situated shall have the second right to purchase or lease the land andproperty upon the same terms and conditions as the acquiring authority waswilling to sell or lease the land or property to the original owners thereof. Asecond right to purchase or lease the land or property shall be conclusivelypresumed to have been waived in the event a written offer to sell or lease theland or property, containing the terms of the offer, shall have been sent byregistered or certified mail to the city or town clerk, as the case may be,wherein the land and property are situated and the offer shall not have beenaccepted within thirty (30) days from the date of the mailing.