TITLE 45

Towns and cities

CHAPTER 45-48.1

West Greenwich Water District

SECTION 45-48.1-8



   § 45-48.1-8  Condemnation power. –

(a) If for any of the purposes of this act, the district shall find it

necessary to acquire any real property, whether for immediate or future use,

the district may find and determine that the property, whether a fee simple

absolute or a lesser interest, is required for the acquisition, construction or

operation of a water supply facility, and upon that determination, the property

shall be deemed to be required for public use until otherwise determined by the

district; and with the exceptions hereinafter specifically noted, the

determination shall not be affected by the fact that the property has

theretofore been taken for, or is then devoted to, a public use; but the public

use in the hands or under the control of the district shall be deemed superior

to the public use in the hands of any other person, association or corporation;

provided further, however, that no real property or interest, estate or right

belonging to the state shall be acquired without consent of the state; and no

real property or interest, estate or right belonging to any municipality shall

be acquired without the consent of the municipality.



   (b) The district may proceed to acquire and is hereby

authorized to and may proceed to acquire property, whether a fee simple

absolute or a lesser interest, by the exercise of the right of eminent domain

in the manner prescribed in this act.



   (c) Nothing in this section shall be construed to prohibit

the district from bringing any proceedings to remove a cloud on title or other

proceedings as it may, in its discretion, deem proper and necessary, or from

acquiring any property by negotiation or purchase.



   (d) The necessity for the acquisition of property under this

act shall be conclusively presumed upon the adoption by the district of a vote

determining that the acquisition of property or any interest in property

described in its vote is necessary for the acquisition, construction or

operation of a water supply facility. Within six (6) months after its passage,

the district shall cause to be filed in the appropriate land evidence records a

copy of its vote together with a statement signed by the chairperson or

treasurer of the district that the property is taken pursuant to this act, and

also a description of real property indicating the nature and extent of the

estate or interest therein taken as aforesaid and a plat thereof, a copy of the

vote and statement of the chairperson or treasurer shall be certified by the

secretary of the district and the description and plat shall be certified by

the city or town clerk for the city or town where the real property lies.



   (e) Forthwith thereafter the district shall cause to be filed

in the superior court in and for the county within which the real property lies

a statement of the sum of money estimated to be just compensation for the

property taken, and shall deposit in the superior court to the use of the

persons entitled thereto the sum set forth in the statement. The district shall

satisfy the court that the amount so deposited with the court is sufficient to

satisfy the just claims of all persons having an estate or interest in the real

property. Whenever the district satisfies the court that the claims of all

persons interested in the real property taken have been satisfied, the

unexpended balance shall be ordered repaid forthwith to the district.



   (f) Upon the filing of the copy of the vote, statement,

description and plat in the land evidence records and upon the making of the

deposit in accordance with the order of the superior court, title to the real

property in fee simple absolute or such lesser estate or interest specified in

the resolution shall vest in the district, and the real property shall be

deemed to be condemned and taken for the use of the district and the right to

just compensation for the same shall vest in the persons entitled thereto, and

the district thereupon may take possession of the real property. No sum so paid

into the court shall be charged with clerks' fees of any nature.



   (g) After the filing of the copy of the vote, statement,

description and plat, notice of the taking of land or other real property shall

be served upon the owners or persons having any estate or interest in the real

property by the sheriff or his or her deputies of the county in which the real

estate is situated by leaving a true and attested copy of the vote, statement,

description and plat with each of the persons personally, or at the last and

usual place of abode in this state with some person living there, and in case

of any such persons absent from this state and have no last and usual place of

abode therein occupied by any person, the copy shall be left with the person or

persons, if any, in charge of, or having possession of the real property taken

of such absent persons, and another copy thereof shall be mailed to the address

of such person, if the address is known to the officer serving the notice.



   (h) After the filing of the vote, description and plat, the

district shall cause a copy of the vote and description to be published in some

newspaper having general circulation in the city or town in which the real

property lies at least once a week for three (3) successive weeks.



   (i) If any party shall agree with the district upon the price

to be paid for the value of the real property so taken and of appurtenant

damage to any remainder or for the value of his or her estate, right or

interest therein, the court, upon application of the parties in interest, may

order that the sum agreed upon be paid forthwith from the money deposited, as

the just compensation to be awarded in the proceedings; provided, however, that

no payment shall be made to any official or employee of the district for any

property or interest therein acquired from such official or employee unless the

amount of the payment is determined by the court to constitute just

compensation to be awarded in the proceedings.



   (j) Any owner of, or person entitled to any estate or right

in, or interested in any part of the real property so taken, who cannot agree

with the district upon the price to be paid for his or her estate, right or

interest in the real property so taken and the appurtenant damage to the

remainder, may, within three (3) months after personal notice of the taking, or

if he or she has no personal notice, may within one year from the time the sum

of money estimated to be just compensation is deposited in the superior court

to the use of the persons entitled thereto, apply by petition to the superior

court for the county in which the real property is situated, setting forth the

taking of his or her land, his or her estate or interest therein, and paying

for an assessment or damages by the court or by a jury. Upon the filing of the

petition, the court shall cause twenty (20) days' notice of the pendency

thereof to be given to the district by serving the chairperson or treasurer of

the district with a certified copy thereof.



   (k) After the service of notice, the court may proceed to

trial. The trial shall be conducted as other civil actions at law are tried.

The trial shall determine all questions of fact relating to the value of the

real property, and any estate or interest therein, and the amount thereof and

the appurtenant damage to any remainder and the amount thereof, and the trial

and decision or verdict of the court or jury shall be subject to all rights to

except to rulings, to move for new trial, and to appeal, as are provided by

law. Upon the entry of judgment in the proceedings, execution shall be issued

against the money so deposited in court and in default thereof against any

other property of the district.



   (l) In case two (2) or more petitioners make claim to the

same real property, or to any estate or interest therein, or to different

estates or interests in the same real property, the court shall, upon motion,

consolidate their several petitions for trial at the same time and may frame

all necessary issues for the trial thereof.



   (m) If any real property or any estate or interest in

property or an estate, in which any infant or other person not capable in law

to act in his or her own behalf is interested, is taken under the provisions of

this act, the superior court, upon the filing of a petition by or in behalf of

an infant or person or by the district may appoint a guardian ad litem for the

infant or other person. Guardians may, with the advice and consent of the

superior court, and upon terms the superior court may prescribe, release to the

district all claims for damages for the land of the infant or other person or

for any estate or interest therein. Any lawfully appointed, qualified and

acting guardian or other fiduciary of the estate of any infant or other person,

with the approval of the court of probate within this state having jurisdiction

to authorize the sale of lands and properties within this state of the infant

or other person, may before the filing of any petition, agree with the infant

or other person for any taking of his or her real property or of his or her

interest or estate, and may upon receiving the amount, release to the district

all claims for damages for the infant or other person for the taking.



   (n) In case any owner of or any person having an estate or

interest in real property shall fail to file his or her petition as above

provided, the superior court for the county in which the real property is

situated, in its discretion, may permit the filing of a petition within one

year subsequent to the year following the time of the deposit in the superior

court of the sum of money estimated to be just compensation for the property

taken; provided, the person shall have had no actual knowledge of the taking of

land in season to file the petition; and provided, no other person or persons

claiming to own the real property or estate or interest therein shall have been

paid the value thereof; and provided, no judgment had been rendered against the

district for the payment of the value to any other person or persons claiming

to own the real estate.



   (o) In any real property or any estate or interest therein is

unclaimed or held by a person or persons whose whereabouts are unknown, after

making inquiry satisfactory to the superior court for the county in which the

real property lies, the district, after the expiration of two (2) years from

the first publication of the copy of the vote, statement and description, may

petition the court that the value of the estate or interest or the unknown

person or persons be determined. After notice by publication to the person or

persons as the court in its discretion may order, and after hearing on the

petition, the court shall fix the value of the estate or interest and shall

order the sum to be deposited in the registry of the court in a special account

to accumulate for the benefit of the person or persons, if any, entitled

thereto. The receipt of the clerk of the superior court shall constitute a

discharge of the district from all liability in connection with the taking.

When the person entitled to the money deposited shall have satisfied the

superior court of his or her right to receive the same, the court shall cause

it to be paid over to him or her, with all accumulations thereon.



   (p) The superior court shall have power to make orders with

respect to encumbrances, liens, taxes and other charges on the land, if any, as

shall be just and equitable.



   (q) Whenever in the opinion of the district a substantial

saving in the cost of acquiring title can be effected by conveying other real

property, title to which is in the district, to the person or persons from whom

the estate or interest in real property is being purchased or taken, or by the

construction or improvement by the district of any work or facility upon the

remaining real property of the person or persons from whom the estate or

interest in real property is being purchased or taken, the district shall be

and hereby is authorized to convey other real property to the person or persons

from whom the estate or interest in real property is being purchased or taken

and to construct or improve any work or facility upon the remaining land of the

person or persons.



   (r) At any time during the pendency of any proceedings for

the assessment of damages for property or interests taken or to be taken by

eminent domain by the district, the district or any owner may apply to the

court for an order directing an owner or the district, as the case may be, to

show cause why further proceedings should not be expedited, and the court may

upon the application make an order requiring that the hearings proceed and that

any other steps be taken with all possible expedition.



History of Section.

(P.L. 2003, ch. 270, § 1; P.L. 2003, ch. 364, § 1.)