§ 42-2-5 - Eminent domain by United States.
SECTION 42-2-5
§ 42-2-5 Eminent domain by United States.– Whenever it shall be made to appear to the superior court, upon the applicationof any authorized agent of the United States, that the United States isdesirous of purchasing any tract of land, and the right of way thereto, withinthe limits of this state, for the erection of a lighthouse, beacon light, rangelight, lifesaving station, or light keeper's dwelling, or for the location,construction, or prosecution of forts, fortifications, coast defenses, andappurtenances thereto, and that the owner of the land is unknown, nonresident,or a minor, or from any other cause is incapable of making a perfect title tothe lands, or in case the owners, being residents and capable of conveying,shall, from disagreement in price, or from any other cause, refuse to conveythe lands to the United States, the superior court shall order notice upon theapplication to be published in the newspaper published nearest the place wherethe land lies, also in a newspaper published in Newport, and in a newspaperpublished in Providence, once in each week for the space of four (4) months,which notice shall contain an accurate description of the lands, together withthe names of the owners, or supposed owners, and shall require all personsinterested in the lands to appear on a day and at a place to be specified inthe notice, and to make their objections, if any they have, to having the landscondemned to the United States for the above stated use. Whereupon, thesuperior court shall proceed to empanel a jury, as in other cases, to appraisethe value of the lands, at their fair market value, and all damages sustainedby the owners thereof by the appropriation thereof by the United States for theabove stated purpose; which award, when so assessed, with the entire costs ofthe proceedings, shall be paid into the general treasury of the state, andthereupon the sheriff of the county in which the land lies, upon the productionof the certificate of the general treasurer that the amount has been paid,shall execute to the United States, and deliver to their authorized agent, adeed of the lands, reciting the proceedings in the cause, which deed shallconvey to the United States a good and absolute title to the lands for thepurposes aforesaid, against all persons whatsoever.