§ 24-3-8. Jury trial on report.
Every person aggrieved by the report of the commissioners shall, within sixty (60) days after the first publication of the notice of the filing of the report named in § 24-3-6, file with the clerk of the superior court a notice in writing of his or her intention to claim a jury trial; and in case the aggrieved person fails to file such notice, he or she shall not be entitled to a jury trial. Any person filing a notice may have a trial by jury before the superior court, to determine the amount of damage and benefit to him or her to be apportioned, upon issues to be for that purpose framed under the direction of the court; and if the person applying for a jury trial shall fail to obtain an increase of damages, or a diminution of the amount of benefit, assessed by the commissioners, the person shall pay all costs arising after the application for a jury and the court shall enter judgment and issue execution therefor; and in other cases the costs shall be paid by the town or city.
History of Section.G.L. 1896, ch. 71, § 36; C.P.A. 1905, § 1216; G.L. 1909, ch. 82, § 39; G.L. 1923, ch. 95, § 39; G.L. 1938, ch. 72, § 39; G.L. 1956, § 24-3-8.
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.