§ 39-18-6 - Eminent domain proceedings.
SECTION 39-18-6
§ 39-18-6 Eminent domain proceedings.– (a) The authority shall have the power to acquire any transit property or anyinterest therein by the exercise of the power of eminent domain.
(b) The necessity for acquisition shall be conclusivelypresumed upon the adoption by the authority of a resolution declaring that theacquisition of the transit property or interest therein described in theresolution is necessary to provide transit services. Within six (6) monthsthereafter, in the event of acquisition by eminent domain, the authority shallcause to be filed in the land evidence records of the city or town in which thetransit property is located (for the purpose of this section all personalproperty shall be deemed to be located in the city or town where the transitcompany has its principal place of business), a copy of the resolution of theauthority together with a description of the property or interest therein and astatement signed by the chairperson of the authority that the property is takenpursuant to the provisions of this chapter. Thereupon, the authority shall filein the superior court, in and for the county in which the transit property islocated, a statement of the sum of any estimate by the authority to be justcompensation for the property taken. If the property is located in more thanone county, the statement shall be filed in the superior court in and for thecounty where the transit company has its principal place of business.
(c) Upon the filing by the authority of the copy ofresolution, description, and statement in the land evidence records of the cityor town, the filing in the superior court of the statement and the depositingin the superior court to the use of the persons entitled thereto of such sum asthe court shall determine to be amply sufficient to satisfy the claims of allpersons having an estate or interest in the property (and the court may in itsdiscretion take evidence on the question to determine the sum to be deposited),title to the property shall vest in the authority absolutely and in fee simple,and the authority thereupon may take possession of the property. No sum so paidinto the court shall be charged with clerk's fees of any nature.
(d) After the filing of the copy of resolution, description,and statement, notice of the taking of the property shall be served upon theowners of and persons having an estate in or interest in the property by thesheriff or his or her deputies of the county in which the property is located,leaving a true and attested copy of the description and statement with each ofthe persons personally or at their last and usual place of abode in this statewith some person living there, and in case any of the persons are absent fromthis state and have no last and usual place of abode therein occupied by anyperson, the copy shall be left with the persons, if any, in charge of or havingpossession of the property, or interest therein, taken of such absent personsif the same are known to the officer; and after the filing of the copy ofresolution, description, and statement, the secretary of the authority shallcause a copy of the resolution and statement to be published in some newspaperpublished or having general circulation in the county where the property orinterest therein, may be located, at least once a week for three (3) successiveweeks. If any person shall agree with the authority for the price of theproperty or interest therein so taken, the court upon the application of theparties in interest, may order that the sum agreed upon be paid forthwith fromthe money deposited, as the just compensation to be awarded in the proceeding.
(e) Any owner of or persons entitled to any estate in orinterest in any part of the real property or interest therein, so taken, whocannot agree with the authority for the price of the property or interesttherein so taken in which he or she has an estate or interest as provided inthis section, may, within three (3) months after personal notice of the taking,or, if he or she have no personal notice, may within one year from the firstpublication of the copy of the resolution and statement, apply by petition tothe superior court in and for the county in which the property, or interesttherein, lies, setting forth the taking of his or her property, or interesttherein, and praying for an assessment of damages. Upon filing of the petition,the court shall cause twenty (20) days notice of the pendency thereof to begiven to the authority by serving the chairperson of the authority with acertified copy thereof, and may proceed after such notice to the trial thereof;and the trial shall determine all questions of fact relating to the value ofproperty, or interest therein, and the amount thereof, and judgment shall beentered upon the verdict, and execution shall be issued therefor against themoney so deposited in court and in default thereof against any other propertyof the authority. In case two (2) or more conflicting petitioners make claim tothe same property, or to any interests therein, or to different interests inthe same piece of property or parcel of land, the court upon motion shallconsolidate their several petitions for trial at the same time, and may frameall necessary issues for the trial thereof; and all proceedings taken pursuantto the provisions of this chapter shall take precedence over all other civilmatters then pending before the court, or if the superior court in and for thecounty in which such property, or interest therein, lies, be not in session inthe county, then the trial may be heard in the superior court for the countiesof Providence and Bristol.
(f) If any properties, or interests therein, in which anyminor or other person not capable in law to act in his or her own behalf isinterested, are taken by the authority under the provisions of this chapter,the superior court, upon the filing therein of any petition by or in behalf ofthe minor or other person, may appoint a guardian ad litem for the minor orother person, and the guardian may appear and be heard on behalf of the minoror other persons; and the guardian may also with the advice and consent of thesuperior court, and upon such terms as the superior court may prescribe,release to the authority all claims for damages for the lands of the minor orother person or for any interests therein. 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 authority upon the amount of damages suffered by the minor or other personby any taking of his or her property, or of his or her interests in anyproperty, and may, upon receiving the amount, release to the authority allclaims for damages of the minor or other person for the taking.
(g) Whenever, from time to time, the authority has satisfiedthe court that the amount deposited with the court is greater than is amplysufficient to satisfy the claims of all persons having estates or interests inthe property, the court may order that the amount of any excess, including anyinterests or increment of any sums so deposited, shall be repaid to theauthority. Whenever the authority has satisfied the court that the claims ofall persons interested in land taken have been satisfied, the unexpendedbalance, including any interest or increment on any sums so deposited shall bepaid forthwith to the authority.
(h) At any time during the pendency of any proceedings forthe assessment of damages for property or interests therein taken or to betaken by eminent domain by the authority, the authority or any owner may applyto the court for an order directing an owner or the authority, as the case maybe, to show cause why further proceedings should not be expedited, and thecourt may, upon application, make an order requiring that the hearings proceedand that any other steps be taken with all possible expedition.