§ 37-6-26. Acquisition of land for utility or railroad relocation necessitated by highway construction or improvement.
(a) Whenever, in connection with the laying out, widening, relocating, improving, constructing, or altering of a highway by the department of transportation, land, an easement, or other interest therein owned by a public utility or railroad company, is acquired by the director of transportation under the provisions of this chapter, thereby necessitating the relocation of the facilities of the company, the director of transportation, subject to the provisions of this chapter, may acquire by purchase or may take by condemnation such land or easements therein as may be necessary for the relocation or replacement of the public utility or railroad facilities and convey the land or easements to the public utility or railroad company. The conveyance shall be in lieu of any damages for the value of the land, easements, or other interests therein of the company so taken by the director of transportation, not including, however, any damages for the cost of the relocation for which the state may be liable.
(b) For the purposes of this section, the term “public utility” shall embrace the definition therefor contained within § 39-1-2 and, in addition, shall include any public water works or water service owned or furnished by any municipal or quasi-municipal corporation or authority.
History of Section.P.L. 1967, ch. 49, § 1.
Structure Rhode Island General Laws
Title 37 - Public Property and Works
Chapter 37-6 - Acquisition of Land
Section 37-6-1. - State properties committee — Composition.
Section 37-6-1.1. - Reporting requirements.
Section 37-6-1.2. - Training requirements.
Section 37-6-1.3. - Public disclosure of the management and disposal of property.
Section 37-6-2. - Rules, regulations, and procedures of committee.
Section 37-6-3. - Detail of state employees to duty with committee.
Section 37-6-4. - Powers and duties supplemental.
Section 37-6-5. - Power of department and agency heads to acquire property for public use.
Section 37-6-8. - Approval and filing of conveyances to state.
Section 37-6-9. - Acceptance of conveyances by treasurer.
Section 37-6-10. - Acquisition of limited or encumbered title.
Section 37-6-11. - Acquisition of outstanding interests limiting or encumbering title.
Section 37-6-12. - Examination of title by attorney general — Acquisition of title insurance.
Section 37-6-13. - Authorization of condemnation for road purposes.
Section 37-6-13.1. - Authorization of condemnation for state office buildings.
Section 37-6-15. - Service of notice of condemnation.
Section 37-6-16. - Publication of notice of condemnation.
Section 37-6-17. - Payment of agreed price for condemned land.
Section 37-6-18. - Petition for assessment of damages by jury.
Section 37-6-19. - Late filing of petition for assessment of damages.
Section 37-6-20. - Pretrial conference with state properties committee — Proceeding to trial.
Section 37-6-21. - Conduct of trial on damages.
Section 37-6-21.1. - Expediting proceedings.
Section 37-6-22. - Consolidation of petitions as to same land.
Section 37-6-23. - Calculation of interest and payment of judgment.
Section 37-6-23.1. - Procedure where no claim filed or owner unknown or under disability.
Section 37-6-23.2. - Deposit of fair market value as determined by state’s reviewing appraiser.
Section 37-6-25. - Liberal construction — Technicalities — Severability.
Section 37-6-27. - Use of state property for city park purposes.