ARTICLE VI. - ACQUISITION, MANAGEMENT AND DISPOSITION OF PROPERTY
Part of the Code of Ordinances of Burrillville, RI.
The text
Footnotes:
--- (7) --- Cross reference— Taxation, ch. 25.
Sec. 2-151. - Authority.#
Whenever the town council exercises the authority granted to it pursuant to article I, section 1.04 of the Charter, entitled, "Acquisition, management and disposition of property," specifically the provision authorizing the town to acquire property for town purposes, in fee, or any lesser interest or estate, by condemnation within the town for public use, it shall follow the following process as set forth in this article.
(Ord. of 1-14-2004, § 1)
Sec. 2-152. - Definitions.#
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Owner, for the purposes of the article, means a person having an estate, interest or easement in the real property or a lien, charge, or encumbrance on it.
(Ord. of 1-14-2004, § 15)
Cross reference— Definitions generally, § 1-2.
Sec. 2-153. - Resolution of necessity for acquisition of property.#
The necessity for the acquisition of real property, estate, or interest in it shall be conclusively presumed upon the adoption by the town council of a resolution which shall: (1)
Contain a description of the real property or any estate or interest in it sufficient in detail to permit an identification;
(2)
Declare that the acquisition of the real property or any estate or interest in it is in the public interest and necessary for the public use.
(Ord. of 1-14-2004, § 2)
Sec. 2-154. - Filing of resolution, plat and declaration.#
Within six months after the adoption of a resolution pursuant to section 2-153, the town council shall file in the land evidence records of the town: (1)
A copy of the resolution;
(2)
A plat showing the real property taken or affected;
(3)
A declaration signed by the council president, or vice president, that the real property or estate or interest in it is taken pursuant to the provisions of article I, section 1.04 of the Charter, entitled, "Acquisition, management and disposition of property," and indicating the nature and extent of the estate or interest in the real property taken as already stated in the resolution.
(Ord. of 1-14-2004, § 3)
Sec. 2-155. - Deposit in superior court of compensation for property taken.#
Upon the filing of the copy of the resolution, plat and declaration, as described in section 2-154, the town council shall file in the superior court a statement of the sum of money estimated by the town to be just compensation for the property taken, and shall deposit in the superior court, to the use of the persons entitled to it, the sum established in the statement or a greater or lesser sum in accordance with an order by the court determining the sum which should be considered sufficient to satisfy the claims of all persons having an estate or interest in the real property.
(Ord. of 1-14-2004, § 4)
Sec. 2-156. - Addition to or return of deposit.#
Whenever, from time to time, the town has satisfied the court that the amount deposited with the court is either greater than required, or is insufficient to satisfy the claims of all persons interested in the real property, the court may order that the amount of the excess be repaid to the town or may order additional sums deposited as the court deems necessary. Whenever the town has satisfied the court that all claims of all persons interested in the real property taken have been satisfied the unexpended balance shall be repaid immediately to the town.
(Ord. of 1-14-2004, § 5)
Sec. 2-157. - Vesting of title to property taken.#
Upon the filing of the copy of the resolution, plat and declaration in the land evidence records of the town, and upon making of a deposit in accordance with the order of the superior court, title to the real property in fee simple absolute or the lesser estate or interest in it, as specified in the declaration shall vest in the town, and the real property deemed to be condemned and taken for the use of the town, and the right to just compensation for it vested in the persons entitled to it.
(Ord. of 1-14-2004, § 6)
Sec. 2-158. - Publication of resolution and declaration.#
After filing of the resolution, plat and declaration, pursuant to section 2-154, the town clerk shall cause a copy of the resolution and declaration to be published in some newspaper published in the county where the real property lies, at least once a week for three successive weeks.
(Ord. of 1-14-2004, § 7)
Sec. 2-159. - Service of notice of taking.#
After the filing of the copy of the resolution, plat and declaration, notice of the taking shall be served on the owners or persons having any estate or interest in the real property by the sheriff or the sheriff's deputies of the county in which the person or persons reside, by leaving a copy attested by the town clerk of the resolution and declaration with each of the persons personally or at the their last and usual place of abode in this state with same person living there, and in case the person or persons do not reside in the county where the property is situated or are absent from the state and have no last and usual place of abode in the county occupied by any person, the copy shall be left by the sheriff or deputy sheriff of the county where the real property lies with the person, if any, in charge of or having possession of the real property if the person is known to the officer. Whenever any owner or person entitled to any estate in or any interest in any part of the real property taken resides or is without the state, the town shall cause to be served on that person personally, or at his last usual place of abode a copy as prescribed of the resolution and declaration by any disinterested person, which person shall make an affidavit of the service and of the manner in which, the time within and the place at which, the service has been made; or service may be made by the admission of service by the person on the back of a copy of the resolution and a declaration and by his acknowledgement, before an officer authorized oaths under the law of the place where the admission of service is acknowledged.
(Ord. of 1-14-2004, § 8)
Sec. 2-160. - Payment of agreed price.#
If any person agrees with the town for the price of the real property, or estate, or interest in it so taken, the court upon application of all parties in interest, may order that the sum agreed upon be paid immediately from the money deposited, as the just compensation to be awarded in the proceedings.
(Ord. of 1-14-2004, § 9)
Sec. 2-161. - Trial by court for damages.#
Any owner of or persons entitled to any estate or interest in any part of the real property, and who cannot agree with the town for the price of the real property, or estate or interest in it, so taken, may, within three months after notice of the taking or if he has not notice, may within one year from the first publication of the copy of the resolution and declaration referred to in this chapter, apply by petition to the superior court in and for the county in which the real property lies, declaring the taking of his real property or estate or interest in it, and praying for an assessment of damages. Upon filing of the petition, the court shall cause 20 days' notice of the pendency of the petition to be given to the town by serving the town with a certified copy, and may proceed after that notice to the trial. Such petitions brought under this section shall be tried by a jury, if claimed, in writing, by any party within the 20-day period. The trial shall determine all questions of fact relating to the value of the real property and any estate or interest in it and the amount of it. Upon the entry of judgment in the proceeding, execution shall be issued against the money so deposited in court, and in default, against any other property of the town. In case two or more conflicting petitioners make claim to the same real property, or to any estate or interest in it, or to different estates of interests in the same real property, the court, upon motion, may consolidate their several petitions for trial at the same time and may frame all necessary issues for the trial.
(Ord. of 1-14-2004, § 10)
Sec. 2-162. - Representation of infants and incompetents.#
If any real property, or any estate or interest in it, in which any infant or other person not capable in law to act in his own behalf, is taken by the town under the provisions of this article, the superior court, upon the filing in the court of a petition by the town or by or in behalf of the infant or person, 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 that the superior court may prescribe, release to the town all claims for damages for the land of the infant or other person or for any interest in the land. Any lawfully appointed, qualified, and acting guardian or other fiduciary of the estate of the infant or other person, with the approval of a 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 the petition, agree with the town upon the amount of damages suffered by the infant or other person for any taking of his real property or of his interest in it, and may, upon receiving that amount, release to the town all claims of damages of the infant or other person for the taking.
(Ord. of 1-14-2004, § 11)
Sec. 2-163. - Unknown owners.#
If any real property or any estate or interest in it is unclaimed or held by a person or persons whose whereabouts are unknown, after making inquiry satisfactory to the superior court, the town after the expiration of one year from the first publication of the copy of the resolution and declaration referred to in section 2-158 may petition the court that the value of the estate or interest of the unknown person or persons be determined. After notice by publication to those persons as ordered by the court, and after hearing on the petition, the court shall fix the value of the estate or interest, and order the town to deposit the sum in the registry of the court in a special account to accumulate for the benefit of the person, if any, entitled to it. The town making the deposit shall take the receipt of the clerk of the superior court and be discharged from all liability. When the person entitled to the money deposited has satisfied the superior court of his right to it, the court shall cause it to be paid over to that person, with all accumulations.
(Ord. of 1-14-2004, § 12)
Sec. 2-164. - Immediate payment of compensation; expediting proceedings.#
In any proceedings for the assessment of damages for real property so taken by the town the following provisions are applicable: (1)
Upon the application of any party in interest and upon joinder of all other parties in interest, the court, on conditions that it may deem proper, may order that the money deposited in the court, or any part of it, be paid immediately, without interest for or on account of the just compensation to, be awarded in the proceeding. If the damages finally awarded in respect to the real property, or any part of the damages, exceeds the amount of the money so received by any person entitled to it, the court shall enter judgment against the funds so deposited in court or, in default of it, against other property of the town for the amount of the deficiency plus interest on the deficiency and costs. If the judgment entered is less than the amount withdrawn, then, and in that event, judgment shall be entered for the town for the difference between the amount withdrawn and the amount of the judgment plus interest on the overpayment and costs.
(2)
At any time during the pendency of the action or proceeding, the town or an owner may apply to the court for an order directing an owner or the town as the case may be, to show cause why further proceedings should not be expedited, and the court may, upon application, make an order requiring that the hearings proceed and that any other steps be taken with all possible expedition.
(Ord. of 1-14-2004, § 13)
Sec. 2-165. - Orders as to charges on lands.#
The superior court has power to make orders with respect to encumbrances, liens, taxes, and other charges on the land, if any, as that are just and equitable.
(Ord. of 1-14-2004, § 14)
Sec. 2-166. - Proration of property tax.#
Notwithstanding the provisions of any other statute all taxes assessed against any real property acquired by the town in accordance with the provisions of this article may be prorated in the following manner: The owner of record on the date of assessment is responsible for the payment of those taxes from the date of assessment to the date of the taking of the property, and payment by the owner of record of those taxes allocable from the date of assessment to the date the town acquires the real property, plus the payment of any other assessment constituting a lien on the property taken, discharges and releases the owner on the date of assessment from further liability with respect to taxes assessed against the real property taken, and thereafter the town shall be responsible for the payment of those taxes.
(Ord. of 1-14-2004, § 16)