Authorized agents and employees of the commission may enter upon any lands, waters and premises in the district for the purpose of making surveys, soundings, test pits, drillings, borings and examinations as the commission may deem necessary for the purposes of the Narragansett Bay water quality management district commission, and such entry shall not be deemed a trespass, nor shall an entry for such purposes be deemed an entry under any condemnation proceedings which may be then pending. The commission shall give at least fifteen (15) days notice of its intent to enter such lands, waters or premises to the record owner(s) of the property and to the municipality wherein the property lies, and shall state in that notice the amount it proposes to pay as just compensation for such entry. Following such entry, the commission shall pay the amount of compensation previously proposed, and restore the property to its prior condition or shall reimburse the owner for any actual damage resulting to such lands, waters and premises as a result of such activities. If the owner of said lands believes that the amount paid is insufficient to provide just compensation, the owner may petition to the superior court to have the amount increased. The provisions of this section shall in no way expand the powers of the commission to take any of the properties investigated by eminent domain. Amounts to be paid as just compensation pursuant to this section shall be set by the commission in accordance with § 42-35-1 et seq.
History of Section.
P.L. 1997, ch. 219, § 1.