§ 42-64-9 - Condemnation power.
SECTION 42-64-9
§ 42-64-9 Condemnation power. – (a) If, for any of the purposes of this chapter, the Rhode Island economicdevelopment corporation shall find it necessary to acquire any real property,whether for immediate or future use, the corporation may find and determinethat the property, whether a fee simple absolute or a lesser interest, isrequired for the acquisition, construction, or operation of a project, and uponthat determination, the property shall be deemed to be required for public useuntil otherwise determined by the corporation; and with the exceptionshereinafter specifically noted, the determination shall not be affected by thefact that the property has been taken for, or is then devoted to, a public use;but the public use in the hands or under the control of the corporation shallbe deemed superior to the public use in the hands of any other person,association, or corporation; provided further, however, that no real propertyor interest, estate, or right in these belonging to the state shall be acquiredwithout consent of the state; and no real property or interest, estate, orright in these belonging to any municipality shall be acquired without theconsent of the municipality; and no real property, or interest or estate inthese, belonging to a public utility corporation may be acquired without theapproval of the public utility commission or another regulatory body havingregulatory power over the corporation except for the following real property orinterest or estate in these: the underground electric distribution system,located at the Quonset Point/Davisville industrial complex ("QP/D"), NorthKingstown, Rhode Island, consisting of lines of buried wires and cables andlines of wires and cables installed in underground conduits, together with allequipment and appurtenances to these for the furnishing of underground electricservice running from the southwesterly side of Kiefer Park Substation 81located in QP/D in an easterly and southeasterly direction to Carrier PierSubstation 82 located in QP/D together with any and all rights and easements asmay be necessary to repair, maintain, operate or otherwise gain access to theabove-mentioned property.
(b) The corporation may proceed to acquire and is authorizedto and may proceed to acquire property, whether a fee simple absolute or alesser interest, by the exercise of the right of eminent domain in the mannerprescribed in this chapter.
(c) Nothing contained in this section shall be construed toprohibit the corporation from bringing any proceedings to remove a cloud ontitle or any other proceedings that it may, in its discretion, deem proper andnecessary, or from acquiring property by negotiation or purchase.
(d) The necessity for the acquisition of property under thischapter shall be conclusively presumed upon the adoption by the corporation ofa vote determining that the acquisition of the property or any interest inproperty described in that vote is necessary for the acquisition, construction,or operation of a project. Within six (6) months after its passage, thecorporation shall cause to be filed in the appropriate land evidence records acopy of its vote together with a statement signed by the chairperson orvice-chairperson of the corporation that the property is taken pursuant to thischapter, and also a description of the real property indicating the nature andextent of the estate or interest in the estate taken and a plat of the realproperty, which copy of the vote and statement of the chairperson orvice-chairperson shall be certified by the secretary of the corporation and thedescription and plat shall be certified by the city or town clerk for the cityor town within which the real property lies.
(e) Forthwith thereafter the corporation shall cause to befiled in the superior court in and for the county within which the realproperty lies a statement of the sum of money estimated to be just compensationfor the property taken, and shall deposit in the superior court to the use ofthe persons entitled to the money the sum set forth in the statement. Thecorporation shall satisfy the court that the amount deposited with the court issufficient to satisfy the just claims of all persons having an estate orinterest in the real property. Whenever the corporation satisfies the courtthat the claims of all persons interested in the real property taken have beensatisfied, the unexpended balance shall be ordered repaid forthwith to thecorporation.
(f) Upon the filing of the copy of the vote, statement,description, and plat in the land evidence records and upon the making of thedeposit in accordance with the order of the superior court, title to the realproperty in fee simple absolute or any lesser estate or interest specified inthe resolution shall vest in the corporation, and that real property shall bedeemed to be condemned and taken for the use of the corporation and the rightto just compensation for the condemned property shall vest in the personsentitled to compensation, and the corporation thereupon may take possession ofthe real property. No sum paid unto the court shall be charged with clerks'fees of any nature.
(g) After the filing of the copy of the vote, statement,description, and plat, notice of the taking of that land or other real propertyshall be served upon the owners of, or persons having any estate or interestin, the real property by the sheriff or his or her deputies of the county inwhich the real estate is situated by leaving a true and attested copy of thevote, statement, description, and plat with each of those persons personally,or at the last and usual place of abode in this state with some person livingthere, and in case any of those persons are absent from this state and have nolast and usual place of abode therein occupied by any person, the copy shall beleft with the person or persons, if any, in charge of, or having possession ofthe real property taken of the absent persons, and another copy shall be mailedto the address of the person, if the address is known to the officer servingthe notice.
(h) After the filing of the vote, description, and plat, thecorporation shall cause a copy to be published in some newspaper having generalcirculation in the city or town in which the real property lies at least once aweek for three (3) successive weeks.
(i) If any party shall agree with the corporation upon theprice to be paid for the value of the real property so taken and of appurtenantdamage to any remainder or for the value of his or her estate, right, orinterest therein, the court, upon application of the parties in interest, mayorder that the sum agreed upon be paid forthwith from the money deposited, asthe just compensation to be awarded in the proceedings; provided, however, thatno payment shall be made to any official or employee of the corporation for anyproperty or interest in the property acquired from the official or employeeunless the amount of the payment is determined by the court to constitute justcompensation to be awarded in the proceedings.
(j) Any owner of, or person entitled to any estate or rightin, or interested in any part of, the real property taken, who cannot agreewith the corporation upon the price to be paid for his or her estate, right orinterest in the real property taken and the appurtenant damage to theremainder, may, within three (3) months after personal notice of the taking, orif he or she has no personal notice, may within one year from the time the sumof money estimated to be just compensation is deposited in the superior courtto the use of the persons entitled to the compensation, apply by petition tothe superior court for the county in which the real property is situated,setting forth the taking of his or her land or his or her estate or interest inthese and praying for an assessment of damages by the court or by a jury. Uponthe filing of the petition, the court shall cause twenty (20) days' notice ofthe pendency of a trial to be given to the corporation by serving thechairperson or vice chairperson of the corporation with a certified copy of thenotice.
(k) After the service of notice, the court may proceed to thetrial thereof. The trial shall be conducted as other civil actions at law aretried. The trial shall determine all questions of fact relating to the value ofthe real property, and any estate or interest, and the amount of this value andthe appurtenant damage to any remainder and the amount of this damage, and thetrial and decision or verdict of the court or jury shall be subject to allrights to except to rulings, to move for new trial, and to appeal, as areprovided by law. Upon the entry of judgment in those proceedings, executionshall be issued against the money deposited in court and in default against anyother property of the corporation.
(l) In case two (2) or more petitioners make claim to thesame real property, or to any estate or interest, or to different estate orinterests in the same real property, the court shall, upon motion, consolidatetheir several petitions for trial at the same time, and may frame all necessaryissues for the trial.
(m) If any real property or any estate or interest, in whichany minor or other person not capable in law to act in his or her own behalf isinterested, is taken under the provisions of this chapter, the superior court,upon the filing of a petition by or in behalf of the minor or person or by thecorporation, may appoint a guardian ad litem for the minor or other person.Guardians may, with the advice and consent of the superior court, and upon anyterms as the superior court may prescribe, release to the corporation allclaims for damages for the land of the minor or other person or for any estateor interest. Any lawfully appointed, qualified, and acting guardian or otherfiduciary of the estate of any minor or other person, with the approval of thecourt of probate within this state having jurisdiction to authorize the sale oflands and properties within this state of the minor or other person, may beforethe filing of any petition, agree with the minor or other person for any takingof his or her real property or of his or her interest or estate, and may, uponreceiving the amount, release to the corporation all claims for damages for theminor or other person for the taking.
(n) In case any owner of or any person having an estate orinterest in the real property fails to file his or her petition, superiorcourt for the county in which the real property is situated, in its discretion,may permit the filing of the petition within one year subsequent to the yearfollowing the time of the deposit in the superior court of the sum of moneyestimated to be just compensation for the property taken; provided, the personshall have had no actual knowledge of the taking of the land in season to filethe petition; and provided, no other person or persons claiming to own the realproperty or estate or interest shall have been paid the value; and provided, nojudgment has been rendered against the corporation for the payment of the valueto any other person or persons claiming to own the real estate.
(o) If any real property or any estate or interest isunclaimed or held by a person or persons whose whereabouts are unknown, aftermaking inquiry satisfactory to the superior court for the county in which thereal property lies, the corporation, after the expiration of two (2) years fromthe first publication of the copy of the vote, statement, description, andplat, may petition the court that the value of the estate or interest of theunknown person or persons be determined. After the notice by publication to anyperson or persons that the court in its discretion may order, and after ahearing on the petition, the court shall fix the value of the estate orinterest and shall order the sum to be deposited in the registry of the courtin a special account to accumulate for the benefit of the person or persons, ifany, entitled to it. The receipt of the clerk of the superior court shallconstitute a discharge of the corporation from all liability in connection withthe taking. When the person entitled to the money deposited shall havesatisfied the superior court of his or her right to receive that money, thecourt shall cause it to be paid over to him or her, with all accumulationsthereon.
(p) The superior court shall have power to make any orderswith respect to encumbrances, liens, taxes, and other charges on the land, ifany, as shall be just and equitable.
(q) Whenever, in the opinion of the corporation, asubstantial saving in the cost of acquiring title can be effected by conveyingother real property, title to which is in the corporation, to the person orpersons from whom the estate or interest in real property is being purchased ortaken, or by the construction or improvement by the corporation of any work orfacility upon the remaining real property of the person or persons from whomthe estate or interest in real property is being purchased or taken, thecorporation shall be and hereby is authorized to convey that other realproperty to the person or persons from whom the estate or interest in realproperty is being purchased or taken and to construct or improve any work orfacility upon the remaining land of the person or persons.
(r) At any time during the pendency of any proceedings forthe assessment of damages for property or interests taken or to be taken byeminent domain by the corporation, the corporation or any owner may apply tothe court for an order directing an owner or the corporation, as the case maybe, to show cause why further proceedings should not be expedited, and thecourt may upon that application make an order requiring that the hearingsproceed and that any other steps be taken with all possible expedition.