§ 42-99-7 - Condemnation power.
SECTION 42-99-7
§ 42-99-7 Condemnation power. – (a) If for any of the purposes of this chapter, the corporation shall find itnecessary to acquire any real property, whether for immediate or future use,the corporation may find and determine that the property, whether a fee simpleabsolute or a lesser interest, is required for the construction or operation ofa convention center, and upon the determination, the property shall be deemedto be required for public use until otherwise determined by the corporation;and with the exceptions hereinafter specifically noted, the determination shallnot be affected by the fact that the property has theretofore been taken for,or is then devoted to, a public use; but the public use in the hands or underthe control of the corporation shall be deemed superior to the public use inthe hands of any other person, association, or corporation; provided further,however, that no real property or interest, estate or right therein belongingto the state shall be acquired without consent of the state; and no realproperty or interest, estate, or right therein belonging to any municipalityshall be acquired without the consent of that municipality; and no realproperty, or interest or estate therein, belonging to a public utilitycorporation, may be acquired without the approval of the public utilitycommission or another regulatory body having regulatory power over thecorporation. Notwithstanding any requirements and limitations contained in§ 39-6.1-9 to the contrary, the corporation shall at all times bepermitted to exercise the rights and power of eminent domain conferred upon itunder this chapter in order to take by condemnation any or all of theproperties of any railway corporation, including all of the estate and interestof any railway corporation in the properties subject to condemnationproceedings.
(b) The corporation may proceed to acquire and is herebyauthorized to and may proceed to acquire property, whether a fee simpleabsolute or a lesser interest, by the exercise of the right of eminent domainin the manner prescribed 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 as it may, in its discretion, deem proper andnecessary, or from acquiring any 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 thereindescribed in the vote is necessary for the acquisition, construction, oroperation 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 or vicechairperson 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 therein taken and a plat thereof, which copyof the vote and statement of the chairperson or vice chairperson shall becertified by the secretary of the corporation and the description and platshall be certified by the city or town clerk for the city or town within whichthe real property lies.
(e) The corporation shall cause to be filed in the superiorcourt in and for the county within which the real property lies, a statement ofthe sum of money estimated to be just compensation for the property taken, andshall deposit in the superior court to the use of the persons entitled theretothe sum set forth in the statement. The corporation shall satisfy the courtthat the amount so deposited with the court is sufficient to satisfy the justclaims of all persons having an estate or interest in the real property.Whenever the corporation satisfies the court that the claims of all personsinterested in the real property taken have been satisfied, the unexpendedbalance shall be ordered repaid forthwith to the corporation.
(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 thereinspecified in the resolution shall vest in the corporation, and the realproperty shall be deemed to be condemned and taken for the use of thecorporation and the right to just compensation for the real property shall vestin the persons entitled thereto, and the corporation thereupon may takepossession of the real property. No sum so paid unto the court shall be chargedwith clerks' fees of any nature.
(g) After the filing of the copy of the vote, statement,description, and plat, notice of the taking of the 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 the sheriff's 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 the persons personally, orat the last and usual place of abode in this state with some person livingthere, and in case any of the 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 of,the real property taken of the absent persons, and another copy thereof shallbe mailed to the address of the person, if the person is known to the officerserving the notice.
(h) After the filing of the vote, description, and plat, thecorporation shall cause a copy thereof to be published in some newspaper havinggeneral circulation in the city or town in which the real property lies atleast once a week 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 taken and of appurtenantdamage to any remainder or for the value of his or her estate, right, orinterest in the real property, the court, upon application of the parties ininterest, may order that the sum agreed upon be paid from the money deposited,as the just compensation to be awarded in the proceedings; provided, however,that no payment shall be made to any official or employee of the corporationfor any property or interest in the property acquired from the official oremployee unless the amount of the payment is determined by the court toconstitute just compensation 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 agree withthe 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, within one year from the time the sum ofmoney estimated to be just compensation is deposited in the superior court tothe use of the persons entitled to the money, apply by petition to the superiorcourt for the county in which the real property is situated, setting forth thetaking of his or her land or his or her estate or interest therein and prayingfor an assessment of damages by the court or by a jury. Upon the filing of thepetition the court shall cause twenty (20) days' notice of the pendency of thetrial to be given to the corporation by serving the chairperson or vicechairperson of the corporation with a certified copy.
(k) After the service of the notice the court may proceed tothe trial. 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 therein, and the amount thereofand the appurtenant damage to any remainder and the amount thereof, 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 the proceedings, execution shallbe issued against the money deposited in court and in default thereof againstany other property of the corporation.
(l) In case two (2) or more petitioners make claim to thesame real property, or to any estate or interest therein, or to differentestate or interests in the same real property, the court shall, upon motion,consolidate their several petitions for trial at the same time, and may frameall necessary issues for the trial.
(m) If any real property or any estate or interest in thereal property, in which any minor or other person not capable in law to act inhis or her own behalf is interested, is taken under the provisions of thischapter, the superior court, upon the filing of a petition by or in behalf ofthe minor or person or by the corporation may appoint a guardian ad litem forthe minor or other person. Guardians may, with the advice and consent of thesuperior court, and upon any terms that the superior court may prescribe,release to the corporation all claims for damages for the land of the minor orother person or for any estate or interest therein. Any lawfully appointed,qualified, and acting guardian or other fiduciary of the estate of any minor orother person, with the approval of the court of probate within this statehaving jurisdiction to authorize the sale of lands and properties within thisstate of the minor or other person, may before the filing of any petition,agree with the minor or other person for any taking of his or her real propertyor of his or her interest or estate therein, and may, upon receiving thatamount, release to the corporation all claims for damages for the minor orother person for the taking.
(n) In case any owner of or any person having an estate orinterest in the real property shall fail to file his or her petition asprovided in subsection (j), the superior court for the county in which the realproperty is situated, in its discretion, may permit the filing of the petitionwithin one year subsequent to the year following the time of the deposit in thesuperior court of the sum of money estimated to be just compensation for theproperty taken; provided, the person shall have had no actual knowledge of thetaking of the land in season to file the petition; and provided, no otherperson or persons claiming to own the real property or estate or interest inreal property shall have been paid the value thereof; and provided, no judgmenthas been rendered against the corporation for the payment of value to any otherperson or persons claiming to own the real estate.
(o) If any real property or any estate or interest in realproperty is unclaimed or held by a person or persons whose whereabouts areunknown, after making inquiry satisfactory to the superior court for the countyin which the real property lies, the corporation, after the expiration of two(2) years from the first publication of the copy of the vote, statement,description, and plat, may petition the court that the value of the estate orinterest of the unknown person or persons be determined. After the notice bypublication to the person or persons the court in its discretion may order, andafter a hearing 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 thereto. The receipt of the clerk of the superior court thereforshall constitute a discharge of the corporation from all liability inconnection with the taking. When the person entitled to the money depositedshall have satisfied the superior court of his or her right to receive themoney, the court shall cause it to be paid over to him or her, with allaccumulations thereon.
(p) The superior court shall have the power to make any suchorders with respect to encumbrances, liens, taxes, and other charges on theland, if any, that shall be just and equitable.
(q) Whenever in the opinion of the corporation a substantialsaving in the cost of acquiring title can be effected by conveying other realproperty, title to which is in the corporation, to the person or persons fromwhom the estate or interest in real property is being purchased or taken, or bythe construction or improvement by the corporation of any work or facility uponthe remaining real property of the person or persons from whom the estate orinterest in real property is being purchased or taken, the corporation shall beand is authorized to convey the other real property to the person or personsfrom whom the estate or interest in real property is being purchased or takenand to construct or improve any work or facility upon the remaining land of theperson or persons.
(r) At any time during the pendency of any proceedings forthe assessment of damages for property or interests in real property taken orto be taken by eminent domain by the corporation, the corporation or any ownermay apply to the court for an order directing an owner or the corporation, asthe case may be, to show cause why further proceedings should be expedited, andthe court may upon the application make an order requiring that the hearingsproceed and that any other steps be taken with all possible expedition.