§ 45-54-9 - Eminent domain proceedings.
SECTION 45-54-9
§ 45-54-9 Eminent domain proceedings.– (a) The corporation has the right to acquire any land, or any interest in it,including development rights, by the exercise of the power of eminent domain,whenever it is determined by the corporation that the acquisition of the land,or interest, is necessary for the construction or the operation of any project.
(b) The power of eminent domain shall be exercised onlywithin the boundaries of the city or town whose council established thecorporation.
(c) The necessity for acquisition is conclusively presumedupon the adoption by the corporation of a resolution declaring that theacquisition of the land, or interest in it, described in the resolution isnecessary for the construction or operation of any project. Within six (6)months thereafter, the corporation shall cause to be filed, in the landevidence records of the city or town in which the land is located, a copy ofthe resolution of the corporation, together with a plat of the land, orinterest in it described, and a statement signed by the chairperson of thecorporation, that the land, or interest in it, is taken pursuant to theprovisions of this chapter. Thereupon, the corporation shall file, in thesuperior court in and for the county in which the land, or interest in it,lies, a statement of the sum of money estimated by the corporation to be justcompensation for the land taken.
(d) Upon filing of the copy of the resolution, plat, andstatement in the land evidence records of the city or town, the filing, in thesuperior court, of the statement, and the depositing in the superior court, tothe use of the person entitled to it, of such a sum as the court determines tobe amply sufficient to satisfy the claims of all persons interested in the land(and the court may, in its discretion, take evidence on the question todetermine the sum to be deposited), title to the land, or interest in it, shallvest in the corporation in fee simple absolute and the corporation thereuponmay take possession of the land, or interest in it.
(e) No sum so paid into the court shall be charged withclerk's fees of any nature. After the filing of the copy, plat, and statement,notice of the taking of the land, or interest in it, shall be served upon theowners of and persons having an estate in and interest in the land by thesheriff or the sheriff's deputies of the county in which the land, or interestin it, lies, leaving a true and attested copy of the description and statementwith each of the persons personally, or at their last and usual place of abodein this state with some person living there, and in case any of the persons areabsent from this state and have no last and usual place of abode in this stateoccupied by any person, the copy shall be left with the persons, if any, incharge of or having possession of the land, or interest in it, taken of theabsent persons if the persons are known to the officer; and after the filing ofthe resolution, plat, and statement, the secretary of the corporation shallcause a copy of the resolution and statement to be published in some newspaperpublished or having general circulation in the county where the land, orinterest in it, may be located, at least once a week for three (3) successiveweeks. If any persons agree with the corporation for the price of land, orinterest in it, so taken, the court, upon the application of the parties ininterest, may order that the sum agreed upon be paid immediately from the moneydeposited, as the just compensation to be awarded in the proceeding.
(f) Any owner of or person entitled to any estate in orinterest in any part of the land, or interest in it, so taken, who cannot agreewith the corporation for the price of the land, or interest in it, so taken, inwhich he or she is interested, may, within three (3) months after personalnotice of the taking, or, if he or she has no personal notice, within one yearfrom the first publication of the copy of the resolution and statement, apply,by petition, to the superior court in and for the county in which the land, orinterest in it, lies, setting forth the taking of his or her land or interestin it, and praying for an assessment of damages by a jury. Upon the filing ofthe petition, the court shall cause twenty (20)days' notice of the pendency ofthe petition to be given to the corporation with a certified copy, and mayproceed after the notice to the trial; and the trial shall determine allquestions of fact relating to the value of the land, or interest in it, and theamount and judgment shall be entered upon the verdict of the jury and executionshall be issued against the money so deposited in court and in default againstany other property of the corporation. In case two (2) or more conflictingpetitioners make claim to the same land, or to any interests in it, or todifferent interests in the same parcel of land, the court, upon motion, shallconsolidate their several petitions for trial at the same time by the samejury, and may frame all necessary issues for the trial; and all proceedingstaken pursuant to the provisions of this chapter shall take precedence over allother civil matters then pending before the court, or if the superior court, inand for the county in which the land, or interest in it, lies, is not insession in that county, then the proceedings may be heard in the superior courtfor the counties of Providence and Bristol.
(g) If any lands, or interests in them, in which any minor,or other person not capable in law to act in his or her own behalf, isinterested are taken by the corporation under the provisions of this chapter,the superior court, upon the filing of any petition by or in behalf of theminor or other person, may appoint a guardian ad litem for the minor or otherperson, and the guardian may appear and be heard in behalf of the minor orother person, and the guardian may also, with the advice and consent of thesuperior court and upon those terms that the superior court may prescribe,release to the corporation all claims for damages for the lands of the minor orother persons, or for any interest in them. Any lawfully appointed, qualified,and acting guardian or other fiduciary of the estate of any minor or otherperson, with the approval of the court of probate within this state havingjurisdiction to authorize the sale of lands and properties within this state ofany minor or other person, may, before the filing of any petition, agree withthe corporation upon the amount of damages suffered by the minor or otherperson by any taking of his or her lands or of his or her interests in anylands, and may, upon receiving that amount, release to the corporation allclaims of damages of the minor or other person for the taking.
(h) Whenever, from time to time, the corporation hassatisfied the court that the amount deposited with the court is greater than isamply sufficient to satisfy the claims of all persons interested in the land,the court may order that the amount of any excess, including any interest orincrement on any sums so deposited, shall be repaid to the corporation.Whenever the corporation has satisfied the court that the claims of all personsinterested in the land taken have been satisfied, the unexpended balance,including any interest or increment on any sums so deposited, shall immediatelybe paid to the corporation.
(i) In any proceedings for the assessment of compensation anddamages for land or interest in it taken or to be taken by eminent domain bythe corporation, the following provision is applicable: At any time during thependency of any action or proceeding, the corporation or an 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.
(j) If any of the land, or interest therein, is devoted to apublic use, it may be acquired, and the taking is effective, provided that noland, or interest in it, belonging to a public utilities administrator or otherofficer or tribunal having regulatory power over a public utility is taken. Anyland, or interest in it, already acquired by the corporation may neverthelessbe included within the taking for the purpose of acquiring any outstandinginterests in the land.