Introduced By: Representatives Kelley, Garvey, Kelso, Benson and Kennedy
Date Introduced : June 16, 1998
It is enacted by the General Assembly as follows:
SECTION 1. Authorization of condemnation. -- Whenever the town of South Kingstown shall determine that the public interest and convenience makes necessary or advantageous the acquisition of land or other real property, or any interest, estate, or right therein for the maintenance and control of sites designated by the United States environmental protection agency as superfund sites pursuant to the comprehensive environmental response, compensation, and liability act, as of the effective date of this act within the town's corporate limits, it may proceed to acquire the same by the exercise of eminent domain in the manner prescribed in this chapter, provided that no real property or interest, estate, or right therein belonging to the state shall be acquired without the consent of the department of environmental management.
SECTION 2. Filing of plat and declaration. -- Within one year after its passage, the town of South Kingston shall cause to be filed in the land evidence records a copy of its resolution declaring that the public interest and convenience makes necessary or advantageous the acquisition of real property in the manner prescribed by this chapter and also a description of the land or other real property indicating the nature and extent of the estate or interest therein taken as provided in this chapter and a plat thereof, and a copy of the resolution, description and plat shall be certified by the town clerk for the town of South Kingstown. The necessity for the acquisition shall be conclusively presumed upon the adoption by the town of South Kingston of a resolution declaring that the land, or interest therein is necessary for the improvement or maintenance of sites designated by the United States environmental protection agency as superfund sites.
SECTION 3. Deposit of compensation for property taken. -- Immediately after the taking of the property, the town of South Kingstown shall cause to be filed in the superior court in and for the county in 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 town of South Kingstown 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, from time to time the town of South Kingstown has satisfied the court that the amount deposited with the court is greater than is amply sufficient to satisfy the claims of all persons interested in the land, the court may order the amount of the excess including any interest or increment on any sums so deposited shall be repaid to the town of South Kingstown. Whenever the town of South Kingstown 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 immediately to the town of South Kingstown.
SECTION 4. Vesting of title to property taken. -- Upon the filing of the copy of the resolution, 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 therein specified in the resolution shall vest in the town of South Kingstown, and the real property shall be deemed to be condemned and taken for the use of the town of South Kingstown, and the right to just compensation for the real property shall vest in the persons entitled thereto.
SECTION 5. Service of notice of condemnation. -- After the filing of the copy of the resolution, description, and plat, notice of the taking of land or other real property by any constable of the town of South Kingstown by leaving a copy of the resolution, description, and plat attested by the town clerk of the town of South Kingstown with each such persons personally, or at the last and usual place of abode in this state and have no last and usual place of abode therein occupied by any person, a copy shall be left with the person or persons, if any, in charge of, or having possession of the land or other real property taken of the absent person, and another copy thereof shall be mailed to the address of the person, if the address is known to the officer serving the notice.
SECTION 6. Publication of notice. -- After the filing of a resolution, description, and plat, the town of South Kingstown shall cause a copy of the resolution to be published in a newspaper having general circulation in the town of South Kingstown at least once a week for three (3) successive weeks. The newspaper notice containing the full resolution, description, and plat shall be inserted once in its entirety and thereafter a weekly formal legal notice shall be inserted stating that there was a taking by the town of South Kingstown with a brief description of the real property and a reference to the original advertisement which contained the full resolution, description, and plat.
SECTION 7. Payment of agreed price. -- If any party shall agree with the town of South Kingstown upon the price to be paid for the value of the land or other real property so taken and of appurtenant damage to any remainder or for the value of the land of the party's 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 town of South Kingstown for any property therein acquired from any official or employee of the town of South Kingstown unless the amount of the payment is determined by the court to constitute just compensation to be awarded in the proceedings.
SECTION 8. Assessment of damages by court. -- 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 town of South Kingstown upon the price to be paid for his or her estate, right, or interest in such real property so taken and the appurtenant damage to the remainder, may, within three (3) months 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 or estate or interest therein and praying for an assessment of damages by the court or by a jury. Upon the filing of a petition the court shall cause twenty (20) days' notice of the pendency thereof to be given to the town of South Kingstown by serving the town clerk for the town of South Kingstown with a certified copy of the petition.
SECTION 9. Conduct of trial on damages. -- After the service of a notice of condemnation the court may proceed to a 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 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 deposited in court and in default thereof against any other property of the town of South Kingstown.
SECTION 10. Consolidation of petitions. -- 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 issued for trial thereof.
SECTION 11. Representation of minors and incompetents. -- If any real property or any estate or interest therein, in which any minor or other person not capable in law to act in his or her own behalf is interested, is taken under the provisions of this chapter, the superior court, upon the filing therein of a petition by or in behalf of the minor or person may appoint a guardian ad litem for the minor or other person, and the guardian may appear and be heard in behalf of the minor or other person; and the guardian may, with the advice and consent of the superior court, and upon such terms as the superior court may prescribe, release to the town of South Kingstown 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 the 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 filing of a petition, agree with the town of South Kingstown upon the amount of damages suffered by the infant or person for any taking of his or her real property or of his or her interest therein, and may, upon receiving such amount, release to the town of South Kingstown all claims for damages for the infant or other person for any taking of his or her real property or of his or her interest or estate therein, and may, upon receiving such amount, release to the town of South Kingstown all claims for damages for the infant or other person for the taking.
SECTION 12. Late filing of petition. -- 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 provided in Section 8, the superior court for the county in which the real property is situated, in its discretion, may permit the filing of the 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 the land in season to file the petition; and provided, no other person or persons claiming to own real property or estate or interest therein shall have been paid the value thereof; and provided, no judgment has been rendered against the town of South Kingstown for the payment of the value to any other person or persons claiming to own the real estate.
SECTION 13. Unknown owners. -- If 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 town of South Kingstown, after the expiration of two (2) years from the first publications of the copy of the resolution and description and plat, may petition the court that the value of the estate or interest of the unknown person or persons be determined. After such notice by publication to the person or persons as the court in its discretion may order, and after a 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 therefor shall constitute a discharge of the town of South Kingstown 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 the same, the court shall cause it to be paid over to the person, with all accumulations thereon.
SECTION 14. Orders as to charges on lands. -- The superior court shall have power to make such orders with respect to encumbrances, liens, taxes, and other charges on the land, if any, as shall be just and equitable.
SECTION 15. Exchange of property. -- Whenever in the opinion of the town of South Kingstown a substantial saving in the cost of acquiring title can be effected by conveying other real property, title to which is in the town of South Kingstown, 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 town of South Kingstown 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 town of South Kingstown shall be and hereby is authorized to convey such other real property of the town of South Kingstown 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.
SECTION 16. This act shall take effect upon passage.
