§ 45-29-32 - Evidence of value – Expediting proceedings – Increased value – Property devoted to other public use-"Owner" defined.
SECTION 45-29-32
§ 45-29-32 Evidence of value –Expediting proceedings – Increased value – Property devoted to otherpublic use-"Owner" defined. – In any proceedings for the assessment of compensation and damages for propertytaken or to be taken by eminent domain for an authority, the followingprovisions are applicable:
(a) Evidence of the price and other terms, upon any sale, orthe rent reserved and other terms, upon any lease or tenancy, relating to anyof the property taken or to be taken, or to any similar property in thevicinity when the sale or leasing occurred or the tenancy existed within areasonable time of the trial, is admissible on direct examination.
(b) At any time during the pendency of an action orproceeding, a city or an owner may apply to the court for an order directing anowner or the city, as the case may be, to show cause why further proceedingsshould not be expedited, and the court may upon that application make an orderrequiring that the hearings proceed and that any other steps be taken with allpossible expedition.
(c) For the purposes of §§ 45-29-13 – 45-29-32the award of compensation shall not be increased by reason of any increase inthe value of the property caused by the clearance, reconstruction, or proposedclearance or reconstruction under §§ 45-29-13 – 45-29-32 of theproperty or of the area in which the property is situated. No allowance shallbe made for improvements begun on property, after notice to the owner of theproperty, of the institution of the proceeding to condemn the property.
(d) The facts may be proved bearing upon the unsanitary,illegal, or substandard condition of the premises notwithstanding that no stepshave been taken by the department or offices having jurisdiction with a view toremedying or abating those conditions.
(e) If any of the property included within the project isdevoted to a public use, it may nevertheless be acquired, provided that noproperty belonging to the city or to any government may be acquired without itsconsent, and that no property belonging to a public utility corporation may beacquired without the approval of the division of public utilities or otherofficer or tribunal having regulatory power over the corporation.
(f) The term "owner", as used in this section, includes aperson having an estate, interest, or easement in the property to be acquiredor a lien, charge, or encumbrance on the property.