§ 45-29-32. Evidence of value — Expediting proceedings — Increased value — Property devoted to other public use-“Owner” defined.
In any proceedings for the assessment of compensation and damages for property taken or to be taken by eminent domain for an authority, the following provisions are applicable:
(a) Evidence of the price and other terms, upon any sale, or the rent reserved and other terms, upon any lease or tenancy, relating to any of the property taken or to be taken, or to any similar property in the vicinity when the sale or leasing occurred or the tenancy existed within a reasonable time of the trial, is admissible on direct examination.
(b) At any time during the pendency of an action or proceeding, a city or an owner may apply to the court for an order directing an owner or the city, as the case may be, to show cause why further proceedings should not be expedited, and the court may upon that application make an order requiring that the hearings proceed and that any other steps be taken with all possible expedition.
(c) For the purposes of §§ 45-29-13 — 45-29-32 the award of compensation shall not be increased by reason of any increase in the value of the property caused by the clearance, reconstruction, or proposed clearance or reconstruction under §§ 45-29-13 — 45-29-32 of the property or of the area in which the property is situated. No allowance shall be made for improvements begun on property, after notice to the owner of the property, of the institution of the proceeding to condemn the property.
(d) The facts may be proved bearing upon the unsanitary, illegal, or substandard condition of the premises notwithstanding that no steps have been taken by the department or offices having jurisdiction with a view to remedying or abating those conditions.
(e) If any of the property included within the project is devoted to a public use, it may nevertheless be acquired, provided that no property belonging to the city or to any government may be acquired without its consent, and that no property belonging to a public utility corporation may be acquired without the approval of the division of public utilities or other officer or tribunal having regulatory power over the corporation.
(f) The term “owner”, as used in this section, includes a person having an estate, interest, or easement in the property to be acquired or a lien, charge, or encumbrance on the property.
History of Section.P.L. 1935, ch. 2256, § 8; G.L. 1938, ch. 345, § 8; G.L. 1956, § 45-29-32.
Structure Rhode Island General Laws
Chapter 45-29 - Eminent Domain for Housing Authority Projects
Section 45-29-1. - Definitions.
Section 45-29-2. - Power of authority to take by eminent domain.
Section 45-29-4. - Vesting of title to land taken by authority.
Section 45-29-5. - Service and publication of notice of taking of property.
Section 45-29-6. - Payment of agreed price for land.
Section 45-29-7. - Petition for jury assessment of damages.
Section 45-29-8. - Jury trial of damages — Payment.
Section 45-29-9. - Consolidation of trials — Precedence in court.
Section 45-29-10. - Representation of infants and people who are incompetent.
Section 45-29-11. - Return of excess deposits to authority.
Section 45-29-13. - Power of city to take property for authority.
Section 45-29-14. - Resolutions of necessity for acquisition by city.
Section 45-29-15. - Agreement between city and authority as to payments to city.
Section 45-29-16. - Maps and surveys filed by authority.
Section 45-29-17. - Payment of agreed price by city.
Section 45-29-18. - Time allowed for commencement of condemnation proceedings by city.
Section 45-29-19. - Filing of plat and statement by city — Service and publication of notice.
Section 45-29-20. - Notice of hearing on property taken by city.
Section 45-29-21. - Determination of necessity — Appointment and fees of appraisers.
Section 45-29-22. - Proceedings and report by appraisers.
Section 45-29-23. - Deposit of appraisal amounts by city — Vesting of title.
Section 45-29-25. - Confirmation of appraisers’ report — Use of deposit — Execution.
Section 45-29-26. - Representation of infants and people who are incompetent.
Section 45-29-27. - Deposits to cover disputed title.
Section 45-29-28. - Consolidation of trial of conflicting claims.
Section 45-29-29. - Access of city and appraisers to property taken.
Section 45-29-30. - Conveyance to authority of property condemned by city.
Section 45-29-31. - Taking of excess land — Disposition on completion of project.