§ 24-3-5. Commissioners’ estimate and report.
The commissioners shall cause a survey and plat of the proposed alteration to be made; and shall cause notice to be given to all persons interested in the lands to be taken or in the improvement to be made, and to all persons who are owners of lands which, in the opinion of the commissioners, will be benefited by the proposed alterations, of the time and place of making an estimate of the value of the property so required to be taken, and of the special benefits to be conferred by making the alterations; and at the time and place appointed in the notice, the commissioners shall proceed to make a just estimate of the amount of the damage occasioned to the respective owners, lessees, parties, or persons entitled to or interested in the lands taken for the alteration, and also a just estimate of the value of the special benefits, if any, caused thereby, to the several owners of lands not required for the proposed improvements, but which will, in the opinion of the commissioners, be benefited thereby; and the commissioners shall report thereon to the town council or city council without unnecessary delay. The commissioners shall set forth in the report the names of the owners of, and persons in any way interested in, any of the land taken for the proposed improvement, so far as the names can be ascertained, and a description or designation of the several parcels thereof, with the damage and benefit to each respectively. The commissioners shall further apportion and assess a portion of the damage and cost of improvements as the town or city council may have directed, ascertained as provided, upon the owners of the estate so specially benefited, in proportion to the special benefits conferred; provided, that the amount of the assessment shall not exceed the amount of the special benefits, ascertained as provided.
History of Section.G.L. 1896, ch. 71, § 34; G.L. 1909, ch. 82, § 37; G.L. 1923, ch. 95, § 37; G.L. 1938, ch. 72, § 37; G.L. 1956, § 24-3-5.
Structure Rhode Island General Laws
Chapter 24-3 - Improvement and Grading by Towns
Section 24-3-1. - Power to mark out, widen or relocate municipal roads.
Section 24-3-4. - Assessment of benefits and damages in cities.
Section 24-3-5. - Commissioners’ estimate and report.
Section 24-3-6. - Filing and notice of report.
Section 24-3-7. - Publication and posting of notices.
Section 24-3-8. - Jury trial on report.
Section 24-3-9. - Election by council to make or discontinue improvements.
Section 24-3-10. - Taking of possession by town — Removal of crops and improvements.
Section 24-3-11. - Confirmation of reports.
Section 24-3-12. - Termination of leases and contracts on land taken.
Section 24-3-13. - Payment of damages awarded — Action against town.
Section 24-3-14. - Collection of assessments for benefits — Lien.
Section 24-3-15. - Compensation and expenses of commissioners.
Section 24-3-16. - Declaration of opening of highway.
Section 24-3-17. - Cities and towns affected.
Section 24-3-18. - Commissioners to define grade.
Section 24-3-19. - Notice of report on definition of grade.
Section 24-3-20. - Council action on commissioners’ report — Recording.
Section 24-3-21. - Effect of definition of grade.
Section 24-3-22. - Compensation and expenses of commissioners — Collection from petitioners.
Section 24-3-23. - Grading or change of grade — Notice and hearing.
Section 24-3-24. - Establishment and curbing of sidewalks.
Section 24-3-25. - Liability for cost of curbs.
Section 24-3-26. - Collection of curb costs.
Section 24-3-27. - Settlement or appraisal of damages from change of grade.
Section 24-3-28. - Appeal of appraisals and assessments.
Section 24-3-29. - Judgment on appeal.
Section 24-3-30. - Payment of damages — Action for recovery.