§ 45-29-12 - Expediting proceedings – Taking of land devoted to other public use – "Owner" defined. - Rhode Island Statutes

SECTION 45-29-12

   § 45-29-12  Expediting proceedings –Taking of land devoted to other public use – "Owner" defined. – In any proceedings for the assessment of compensation and damages for land orinterest in it taken or to be taken by eminent domain by an authority, thefollowing provisions are applicable:

   (1) At any time during the pendency of an action orproceeding, the authority or an owner may apply to the court for an orderdirecting an owner or the authority, as the case may be, to show cause whyfurther proceedings should not be expedited, and the court may, upon thatapplication, make an order requiring that the hearings proceed and that anyother steps be taken with all possible expedition.

   (2) If any of the land, or interest in it, included withinthe project is devoted to a public use, it may nevertheless be acquired, andthe taking shall be effective, provided that no land, or interest in it,belonging to the city or to any government shall be acquired without itsconsent, and that no land or interest in it belonging to a public utilitycorporation may be acquired without the approval of the division of publicutilities or other officer or tribunal having regulatory power over thatcorporation. Any land, or interest in it, already acquired by the authority maynevertheless be included within the taking for the purpose of acquiring anyoutstanding interests in the land.

   (3) The term "owner", as used in this section, includes aperson having an estate, interest, or easement in the land to be acquired or alien, charge, or encumbrance on it.