§ 46-18-2. Action for damages from dam — Liability of mill and dam for recovery.
Any person aggrieved or injured by the following of the pond raised by the dam, or by the stopping or raising of the water either above or below the dam, or by the backing of water under his or her land, or by the flowing out of any fall of water in his or her land by means of the dam, may commence a civil action, in the superior court for the county in which the dam is, against the owner of the dam or any precedent owner thereof, and a copy of the complaint shall be left by the officer serving the complaint in the office of the town clerk of the town in which the dam is; and the mill and milldam complained of, together with all their appurtenances and the land under and adjoining the mill and milldam, shall thenceforth be pledged and liable for the damages which may be recovered in the action.
History of Section.G.L. 1896, ch. 122, § 2; G.L. 1909, ch. 148, § 2; G.L. 1923, ch. 178, § 2; G.L. 1938, ch. 636, § 2; G.L. 1956, § 46-18-2.
Structure Rhode Island General Laws
Title 46 - Waters and Navigation
Chapter 46-18 - Damages from Milldams
Section 46-18-1. - Right of owner to continue and improve dam and pond.
Section 46-18-2. - Action for damages from dam — Liability of mill and dam for recovery.
Section 46-18-3. - Jury trial of damages.
Section 46-18-4. - Scope of damages appraised.
Section 46-18-5. - Appraisal of future yearly damages.
Section 46-18-6. - Appraisal of damages in gross.
Section 46-18-7. - Election between yearly damages and damages in gross.
Section 46-18-8. - Effect of election — Judgment.
Section 46-18-9. - Judgment on failure of plaintiff to make election.
Section 46-18-10. - Execution against mill and dam.
Section 46-18-11. - Effect of sale on execution — Redemption.
Section 46-18-12. - Cessation of yearly damages after removal of dam.
Section 46-18-13. - Death of plaintiff pending action.
Section 46-18-14. - Sale of cotenant’s interest pending action.
Section 46-18-15. - Death of defendant pending action.
Section 46-18-16. - Maximum period of detention of natural stream.