§ 45-32-34 - Trial by court on damages.
SECTION 45-32-34
§ 45-32-34 Trial by court on damages.– Any owner of or persons entitled to any estate or interest in any part of thereal property, and who cannot agree with the agency for the price of the realproperty, or estate or interest in it, so taken, may, within three (3) monthsafter notice of the taking, or, if he or she has no notice, may within one yearfrom the first publication of the copy of the resolution and declarationreferred to in this chapter, apply by petition to the superior court in and forthe county in which the real property lies, declaring the taking of his or herreal property or estate or interest in it, and praying for an assessment ofdamages. Upon filing of the petition, the court shall cause twenty (20) days'notice of the pendency of the petition to be given to the agency by serving aresident attorney of the agency with a certified copy, and may proceed afterthat notice to the trial. Petitions brought under this section shall be triedby a jury, if claimed, in writing, by any party within the twenty (20) dayperiod. The trial shall determine all questions of fact relating to the valueof the real property and any estate or interest in it and the amount of it.Upon the entry of judgment in the proceeding, execution shall be issued againstthe money so deposited in court, and in default, against any other property ofthe agency. In case two (2) or more conflicting petitioners make claim to thesame real property, or to any estate or interest in it, or to different estatesor interests in the same real property, the court, upon motion, may consolidatetheir several petitions for trial at the same time and may frame all necessaryissues for the trial. All proceedings taken pursuant to the provisions of thischapter shall take precedence over all civil matters pending before the court,or if the superior court in and for the county in which the real property liesis not in session in the county, then the petition may be heard in the superiorcourt for the counties of Providence and Bristol.