§ 46-5-8 - Representation of infants and incompetents.
SECTION 46-5-8
§ 46-5-8 Representation of infants andincompetents. – If any infant or person not capable by law to act in his or her own behalf bythe owner of any estate or interest in any land so taken, the court, upon thefiling therein of a petition by or in behalf of the infant or other person, mayappoint a guardian ad litem for the infant or other person, and the guardianmay appear and be heard in behalf of the infant or other person; and theguardian may also, with the advice and consent of the court, and upon suchterms as the court may prescribe, release to the state all claims for damagesfor and to the estate or interest in the land. Any lawfully appointed,qualified, and acting guardian of the estate of any infant or other person,with the approval of the court of probate within this state having jurisdictionto authorize the sale of land within this state of the infant or other person,may, before the filing of the petition, agree with the department ofenvironmental management upon the amount of damages suffered by the infant orother person by any taking hereunder of his or her land or any estate orinterest in his or her land, and may, upon receiving that amount, release tothe state all claims of damages of the infant or the other person for thetaking.