09-LA076

2009 -- H 5053 SUBSTITUTE A

Enacted 07/16/09

 

 

A N  A C T

TO AUTHORIZE THE TOWN OF NORTH PROVIDENCE TO TAKE LAND BY EMINENT DOMAIN

     

     

     Introduced By: Representatives Corvese, Schadone, San Bento, and Wasylyk

     Date Introduced: January 08, 2009

 

 

 

It is enacted by the General Assembly as follows:

 

     SECTION 1. Pursuant to Article VI, Section 19 of the Constitution of the State of Rhode

Island, the Town of North Providence is hereby authorized to take by eminent domain that certain

parcel of real estate comprised of approximately fifteen (15) acres adjacent to Governor John A.

Notte, Jr. Park, and described as Lot 852 on the Town of North Providence Tax Assessor's Plat 22

or however said parcel may be more particularly described of record, provided that the property

shall be used only for passive recreation, for "open space" within the definition of section 45-36-

1, and for its present use as a not-for-profit seasonal camp.

     SECTION 2. The procedure for said taking, and for assessment of damages, shall follow

(insofar as otherwise applicable) the procedure set forth in Chapter 9 of Title 16 of the General

Laws, with the exception that the North Providence Town Council shall fulfill the functions

assigned in said Chapter 9 of Title 16 to the "School Committee".

     SECTION 3. For purposes of the procedure set forth in Chapter 9, Title 16 of the Rhode

Island General Laws, the resolution provided by the North Providence Town Council to the

General Assembly in support of this legislation shall not be considered the vote required by

Rhode Island General Laws section 16-9-6 for the taking. Said taking shall require a second vote

by the North Providence Town Council pursuant to section 16-9-6, after an appropriate hearing

and notice.

     SECTION 4. This act shall take effect upon passage.

     

=======

LC00023/SUB A/2

========