§ 45-29-24 - Notice of appraisers' report and payments to owners – Trial of objections to report. - Rhode Island Statutes

SECTION 45-29-24

   § 45-29-24  Notice of appraisers' reportand payments to owners – Trial of objections to report. – (a) Upon payment into court as previously stated of the several amountsestimated by the appraisers or by a majority of them, to be due respectively tothe several owners, the clerk of the court shall immediately give notice as thecourt may order, to all parties claiming damages or any interest in them, ofthe filing of the report, notifying each of them to file within ten (10) daysafter service of notice as the court directs, if he or she sees fit, his or herobjection to the report.

   (b) If, at the end of the period of ten (10) days, noobjection is filed either by the city or by the owner with respect to theappraisal of his or her lands or his or her interest in them, the superiorcourt shall, upon motion of the owner or of the city, order the amount of theaward paid to the owners, and the payment shall be in full satisfaction ofdamages sustained by the taking. If at the end of that period, objection hasbeen filed, the court shall nevertheless, after hearing the parties, order paidover to the owner of the land or interest in it, seventy-five percent (75%) ofthe amount of the appraisal of the land or interest, which sum, when paid,shall be irrecoverable, but without prejudice to the rights of the owner to suefor, and recover, any deficiency.

   (c) The objections to the report of the appraisers shallstand for trial and be tried in every respect as other civil actions, includingthe right to except to rulings, to apply for new trial for cause, and toprosecute exceptions in the supreme court, but if the appellant in thoseproceedings shall not obtain a gross award more favorable to the appellant thanthe award of the appraisers, the appellant shall pay the costs of the adverseparty, unless otherwise ordered by the court. If the appellant obtains thereina gross award more favorable than the award of the appraisers, the appellantshall recover his or her costs from the adverse party unless otherwise orderedby the court; but costs exclude fees of counsel.