§ 45-32-34. Trial by court on damages.
Any owner of or persons entitled to any estate or interest in any part of the real property, and who cannot agree with the agency for the price of the real property, or estate or interest in it, so taken, may, within three (3) months after notice of the taking, or, if he or she has no notice, may within one year from the first publication of the copy of the resolution and declaration referred to in this chapter, apply by petition to the superior court in and for the county in which the real property lies, declaring the taking of his or her real property or estate or interest in it, and praying for an assessment of damages. Upon filing of the petition, the court shall cause twenty (20) days’ notice of the pendency of the petition to be given to the agency by serving a resident attorney of the agency with a certified copy, and may proceed after that notice to the trial. Petitions brought under this section shall be tried by a jury, if claimed, in writing, by any party within the twenty (20) day period. The trial shall determine all questions of fact relating to the value of the real property and any estate or interest in it and the amount of it. Upon the entry of judgment in the proceeding, execution shall be issued against the money so deposited in court, and in default, against any other property of the agency. In case two (2) or more conflicting petitioners make claim to the same real property, or to any estate or interest in it, or to different estates or interests in the same real property, the court, upon motion, may consolidate their several petitions for trial at the same time and may frame all necessary issues for the trial. All proceedings taken pursuant to the provisions of this chapter shall take precedence over all civil matters pending before the court, or if the superior court in and for the county in which the real property lies is not in session in the county, then the petition may be heard in the superior court for the counties of Providence and Bristol.
History of Section.P.L. 1956, ch. 3654, § 71; G.L. 1956, § 45-32-34; P.L. 1964, ch. 177, § 1.
Structure Rhode Island General Laws
Chapter 45-32 - Redevelopment Projects
Section 45-32-1. - Compliance prerequisite to further proceedings.
Section 45-32-2. - Planning commission required.
Section 45-32-3. - General community plan — Minimum requirements.
Section 45-32-4. - Resolution or ordinance designating redevelopment area — Public hearing.
Section 45-32-5. - Corporate powers of agencies.
Section 45-32-6. - Selection of project areas — Formulation of redevelopment plans.
Section 45-32-7. - Submission of redevelopment plans — Conformity to master plan.
Section 45-32-8. - Contents of redevelopment plan.
Section 45-32-9. - Optional features of redevelopment plans.
Section 45-32-10. - Petition for zoning changes.
Section 45-32-11. - Notice of hearing on plan.
Section 45-32-12. - Conduct of hearing.
Section 45-32-13. - Adoption of plan.
Section 45-32-14. - Provision for expenditure of money.
Section 45-32-15. - Declaration of intent to change streets.
Section 45-32-16. - Provision for payment for property condemned.
Section 45-32-17. - Finding as to federal aid.
Section 45-32-18. - Provisions for control of uses.
Section 45-32-19. - Power over zoning ordinances.
Section 45-32-20. - Contents of adoptive ordinance.
Section 45-32-21. - Responsibility for carrying out plan.
Section 45-32-22. - Further proceedings as to redevelopment — Actions to contest validity.
Section 45-32-23. - Modification of plan.
Section 45-32-24. - Power of eminent domain.
Section 45-32-25. - Property devoted to other public use.
Section 45-32-25.1. - Transfer of property by the state.
Section 45-32-26. - Resolution of necessity for acquisition.
Section 45-32-27. - Filing of resolution, plat, and declaration.
Section 45-32-28. - Deposit in superior court of compensation for property taken.
Section 45-32-29. - Addition to or return of deposits.
Section 45-32-30. - Vesting of title to property taken.
Section 45-32-31. - Publication of resolution and declaration.
Section 45-32-32. - Service of notice of taking.
Section 45-32-33. - Payment of agreed price.
Section 45-32-34. - Trial by court on damages.
Section 45-32-35. - Representation of infants and incompetents.
Section 45-32-36. - Unknown owners.
Section 45-32-37. - Immediate payment of compensation — Expediting proceedings.
Section 45-32-38. - Orders as to charges on lands.
Section 45-32-39. - “Owner” defined.
Section 45-32-40. - Taxation of real property acquired.
Section 45-32-41. - Proration of property tax.
Section 45-32-42. - Cooperation by public bodies.
Section 45-32-43. - Work to be done by contract.
Section 45-32-44. - Compliance with federal wage and hours policies.
Section 45-32-45. - Joint action by different cities and towns.
Section 45-32-46. - Consent to inclusion of area in project of contiguous city or town.
Section 45-32-47. - Continuation of prior projects.
Section 45-32-48. - Authorized acquisition, relocation, and improvement expenses.
Section 45-32-49. - Guarantee and acceptance of responsibility by community.
Section 45-32-50. - Calculation of interest under condemnation.