§ 16-9-7 - Assessment of land value by jury – Petition of owner.

SECTION 16-9-7

   § 16-9-7  Assessment of land value by jury– Petition of owner. – Any owner of or person entitled to any estate in or interested in any part ofthe land so taken, who cannot agree with the school committee for the price ofthe land so taken in which he or she is interested, may, within three (3)months after personal notice of the taking, or, if he or she have no personalnotice, may, within one year from the filing of the description, statement, andplat referred to in § 16-9-6, apply by petition to the superior court heldfor the county where the land is located, setting forth the taking of his orher land 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 town by serving the town treasurer of the townwith a certified copy of the petition, and may proceed after the notice to thetrial; and the trial shall determine all questions of fact relating to thevalue of the land and the amount; and shall be conducted in every respect asother civil cases are tried, including the right to except to rulings and applyfor new trial for cause. In case of conflicting claims to the land by any two(2) or more petitioners, the court may set down the petitions of thepetitioners for trial at the same time by the same jury, and may frame allnecessary issues for the trial.