(a) If for any of the purposes of this act, the district shall find it necessary to acquire any real property, whether for immediate or future use, the district may find and determine that the property, whether a fee simple absolute or a lesser interest, is required for the acquisition, construction or operation of a water supply facility, and upon that determination, the property shall be deemed to be required for public use until otherwise determined by the district; and with the exceptions hereinafter specifically noted, the determination shall not be affected by the fact that the property has theretofore been taken for, or is then devoted to, a public use; but the public use in the hands or under the control of the district shall be deemed superior to the public use in the hands of any other person, association or corporation; provided further, however, that no real property or interest, estate or right belonging to the state shall be acquired without consent of the state; and no real property or interest, estate or right belonging to any municipality shall be acquired without the consent of the municipality.
(b) The district may proceed to acquire and is hereby authorized to and may proceed to acquire property, whether a fee simple absolute or a lesser interest, by the exercise of the right of eminent domain in the manner prescribed in this act.
(c) Nothing in this section shall be construed to prohibit the district from bringing any proceedings to remove a cloud on title or other proceedings as it may, in its discretion, deem proper and necessary, or from acquiring any property by negotiation or purchase.
(d) The necessity for the acquisition of property under this act shall be conclusively presumed upon the adoption by the district of a vote determining that the acquisition of property or any interest in property described in its vote is necessary for the acquisition, construction or operation of a water supply facility. Within six (6) months after its passage, the district shall cause to be filed in the appropriate land evidence records a copy of its vote together with a statement signed by the chairperson or treasurer of the district that the property is taken pursuant to this act, and also a description of real property indicating the nature and extent of the estate or interest therein taken as aforesaid and a plat thereof, a copy of the vote and statement of the chairperson or treasurer shall be certified by the secretary of the district and the description and plat shall be certified by the city or town clerk for the city or town where the real property lies.
(e) Forthwith thereafter the district shall cause to be filed in the superior court in and for the county within which the real property lies a statement of the sum of money estimated to be just compensation for the property taken, and shall deposit in the superior court to the use of the persons entitled thereto the sum set forth in the statement. The district shall satisfy the court that the amount so deposited with the court is sufficient to satisfy the just claims of all persons having an estate or interest in the real property. Whenever the district satisfies the court that the claims of all persons interested in the real property taken have been satisfied, the unexpended balance shall be ordered repaid forthwith to the district.
(f) Upon the filing of the copy of the vote, statement, description and plat in the land evidence records and upon the making of the deposit in accordance with the order of the superior court, title to the real property in fee simple absolute or such lesser estate or interest specified in the resolution shall vest in the district, and the real property shall be deemed to be condemned and taken for the use of the district and the right to just compensation for the same shall vest in the persons entitled thereto, and the district thereupon may take possession of the real property. No sum so paid into the court shall be charged with clerks' fees of any nature.
(g) After the filing of the copy of the vote, statement, description and plat, notice of the taking of land or other real property shall be served upon the owners or persons having any estate or interest in the real property by the sheriff or his or her deputies of the county in which the real estate is situated by leaving a true and attested copy of the vote, statement, description and plat with each of the persons personally, or at the last and usual place of abode in this state with some person living there, and in case of any such persons absent from this state and have no last and usual place of abode therein occupied by any person, the copy shall be left with the person or persons, if any, in charge of, or having possession of the real property taken of such absent persons, and another copy thereof shall be mailed to the address of such person, if the address is known to the officer serving the notice.
(h) After the filing of the vote, description and plat, the district shall cause a copy of the vote and description to be published in some newspaper having general circulation in the city or town in which the real property lies at least once a week for three (3) successive weeks.
(i) If any party shall agree with the district upon the price to be paid for the value of the real property so taken and of appurtenant damage to any remainder or for the value of his or her estate, right or interest therein, the court, upon application of the parties in interest, may order that the sum agreed upon be paid forthwith from the money deposited, as the just compensation to be awarded in the proceedings; provided, however, that no payment shall be made to any official or employee of the district for any property or interest therein acquired from such official or employee unless the amount of the payment is determined by the court to constitute just compensation to be awarded in the proceedings.
(j) Any owner of, or person entitled to any estate or right in, or interested in any part of the real property so taken, who cannot agree with the district upon the price to be paid for his or her estate, right or interest in the real property so taken and the appurtenant damage to the remainder, may, within three (3) months after personal notice of the taking, or if he or she has no personal notice, may within one year from the time the sum of money estimated to be just compensation is deposited in the superior court to the use of the persons entitled thereto, apply by petition to the superior court for the county in which the real property is situated, setting forth the taking of his or her land, his or her estate or interest therein, and paying for an assessment or damages by the court or by a jury. Upon the filing of the petition, the court shall cause twenty (20) days' notice of the pendency thereof to be given to the district by serving the chairperson or treasurer of the district with a certified copy thereof.
(k) After the service of notice, the court may proceed to trial. The trial shall be conducted as other civil actions at law are tried. The trial shall determine all questions of fact relating to the value of the real property, and any estate or interest therein, and the amount thereof and the appurtenant damage to any remainder and the amount thereof, and the trial and decision or verdict of the court or jury shall be subject to all rights to except to rulings, to move for new trial, and to appeal, as are provided by law. Upon the entry of judgment in the proceedings, execution shall be issued against the money so deposited in court and in default thereof against any other property of the district.
(l) In case two (2) or more petitioners make claim to the same real property, or to any estate or interest therein, or to different estates or interests in the same real property, the court shall, upon motion, consolidate their several petitions for trial at the same time and may frame all necessary issues for the trial thereof.
(m) If any real property or any estate or interest in property or an estate, in which any infant or other person not capable in law to act in his or her own behalf is interested, is taken under the provisions of this act, the superior court, upon the filing of a petition by or in behalf of an infant or person or by the district may appoint a guardian ad litem for the infant or other person. Guardians may, with the advice and consent of the superior court, and upon terms the superior court may prescribe, release to the district all claims for damages for the land of the infant or other person or for any estate or interest therein. Any lawfully appointed, qualified and acting guardian or other fiduciary of the estate of any infant or other person, with the approval of the court of probate within this state having jurisdiction to authorize the sale of lands and properties within this state of the infant or other person, may before the filing of any petition, agree with the infant or other person for any taking of his or her real property or of his or her interest or estate, and may upon receiving the amount, release to the district all claims for damages for the infant or other person for the taking.
(n) In case any owner of or any person having an estate or interest in real property shall fail to file his or her petition as above provided, the superior court for the county in which the real property is situated, in its discretion, may permit the filing of a petition within one year subsequent to the year following the time of the deposit in the superior court of the sum of money estimated to be just compensation for the property taken; provided, the person shall have had no actual knowledge of the taking of land in season to file the petition; and provided, no other person or persons claiming to own the real property or estate or interest therein shall have been paid the value thereof; and provided, no judgment had been rendered against the district for the payment of the value to any other person or persons claiming to own the real estate.
(o) In any real property or any estate or interest therein is unclaimed or held by a person or persons whose whereabouts are unknown, after making inquiry satisfactory to the superior court for the county in which the real property lies, the district, after the expiration of two (2) years from the first publication of the copy of the vote, statement and description, may petition the court that the value of the estate or interest or the unknown person or persons be determined. After notice by publication to the person or persons as the court in its discretion may order, and after hearing on the petition, the court shall fix the value of the estate or interest and shall order the sum to be deposited in the registry of the court in a special account to accumulate for the benefit of the person or persons, if any, entitled thereto. The receipt of the clerk of the superior court shall constitute a discharge of the district from all liability in connection with the taking. When the person entitled to the money deposited shall have satisfied the superior court of his or her right to receive the same, the court shall cause it to be paid over to him or her, with all accumulations thereon.
(p) The superior court shall have power to make orders with respect to encumbrances, liens, taxes and other charges on the land, if any, as shall be just and equitable.
(q) Whenever in the opinion of the district a substantial saving in the cost of acquiring title can be effected by conveying other real property, title to which is in the district, to the person or persons from whom the estate or interest in real property is being purchased or taken, or by the construction or improvement by the district of any work or facility upon the remaining real property of the person or persons from whom the estate or interest in real property is being purchased or taken, the district shall be and hereby is authorized to convey other real property to the person or persons from whom the estate or interest in real property is being purchased or taken and to construct or improve any work or facility upon the remaining land of the person or persons.
(r) At any time during the pendency of any proceedings for the assessment of damages for property or interests taken or to be taken by eminent domain by the district, the district or any owner may apply to the court for an order directing an owner or the district, as the case may be, to show cause why further proceedings should not be expedited, and the court may upon the application make an order requiring that the hearings proceed and that any other steps be taken with all possible expedition.
History of Section.
P.L. 2003, ch. 270, § 1; P.L. 2003, ch. 364, § 1.