Title 45, Title 45 and Cities

Any city from time to time may take real property located in it improved or unimproved, for an authority created by it under any housing authorities law of this state now in force or enacted in the future.

Before any city exercises the power of eminent domain, the authority requesting it must first adopt a resolution declaring that the acquisition of the property described in the resolution is in the public interest and necessary for the public use, and that the property is include…

An authority may petition the city which created it to institute proceedings under the provisions of §§ 45-29-13 — 45-29-32 to acquire property described in the petition which the authority certifies to be necessary for a project. If the petition is acted upon favorably by the ci…

Upon the passage of a resolution by the city granting the petition, the authority shall cause two (2) surveys or maps of the property described in the petition to be made, one shall be filed in the land evidence records of the city and the other in the office of the authority. Th…

After the filing of surveys or maps, the city and any owner of, or person entitled to, any estate in, or interested in, any part of the land described in the filing, may agree upon the price of the property or easement or right in the property, and that price shall immediately be…

The power to condemn shall not be exercised by the city unless proceedings to condemn have been begun by it within the next six (6) months after the filing of the surveys or maps as provided in § 45-29-16.

(a) Subject to the previously stated provisions, the city shall commence proceedings to condemn by filing in the records of land evidence for the city, a description of the property to be taken and a plat of it, and a statement that the property is desired to be taken by condemna…

Any housing authority created under any housing authorities law, now in force or hereafter enacted, may take by eminent domain any land, or any interest in it, situated within the city or town where that authority is located, whenever it is judged by the authority that the acquis…

Upon the filing in the office of the clerk of the superior court of the description, plat, and statement referred to in § 45-29-19, the court shall enter an order fixing the time when, and the place where, all persons interested in the land or any interest or estate in the land, …

At the time and place mentioned in the notice, or at any adjournment ordered by the court, the court after hearing the interested parties, and who may appear and desire to be heard, shall first determine whether the lands or the respective interests or estates in the lands in the…

The appraisers appointed pursuant to § 45-29-21, after being sworn to the faithful performance of their duties, shall immediately view the premises, and within fourteen (14) days of appointment, and after notice as the superior court may prescribe, proceed to hear the parties in …

(a) The clerk of the court, in which the report described in § 45-29-22 is filed, shall give written notice to the city of the filing of the report, and the city shall, within ten (10) days or within a longer time, not exceeding thirty (30) days, that the court may fix, pay into …

(a) Upon payment into court as previously stated of the several amounts estimated by the appraisers or by a majority of them, to be due respectively to the several owners, the clerk of the court shall immediately give notice as the court may order, to all parties claiming damages…

(a) The report of the appraisers, after being so corrected in case of an appeal as to conform to the findings on appeal, shall be confirmed, and, thereupon, execution or executions shall issue accordingly, as upon a judgment in due course of law, with interest, at the rate of six…

When the lands or any interest or estate in them in which any infant or other person not capable in law to act in his or her own behalf, or unascertained or not in being, is interested, are taken by the city under the provisions of §§ 45-29-13 — 45-29-32 the court, before which t…

If there is any dispute to the title of any lands or interests or estates in them taken under the provisions of §§ 45-29-13 — 45-29-32 or as to the persons entitled to receive the damages awarded for the taking, or the person entitled to receive the damages is unascertained or no…

In the case of conflicting claims of ownership by two (2) or more claimants, the court may consolidate those claims and order them tried at the same time and by the same jury, and may frame all necessary issues for the trial. By agreement of parties, jury trial may be expressly w…

After the filing by the city of the surveys and maps mentioned in § 45-29-16, the city, its agents, and servants, may enter upon the premises included in them, for the purpose of making necessary surveys, examinations, estimates, and calculations, but always with the least possib…

The necessity for an acquisition as described in § 45-29-2 shall be conclusively presumed upon the adoption by the housing authority of a resolution declaring that the acquisition of the land, or interest in it, described in the resolution is in the public interest and necessary …

The city shall transfer and convey to the authority all real property acquired by the city by condemnation for the authority, upon the authority paying to the city the amount agreed upon by the city and authority, or in the absence of an agreement, then upon paying all sums expen…

Whenever any property is acquired pursuant to the provisions of §§ 45-29-13 — 45-29-32 for any project or projects, a city may acquire, or take in fee, more land and property than is needed for the actual project or projects; provided, that the additional land and property author…

In any proceedings for the assessment of compensation and damages for property taken or to be taken by eminent domain for an authority, the following provisions are applicable: (a) Evidence of the price and other terms, upon any sale, or the rent reserved and other terms, upon an…

Upon the filing of the copy of the resolution, plat, and statement in the land evidence records of the city, the filing in the superior court of the statement, as described in § 45-29-3, and the depositing in the superior court, to the use of the persons entitled to this, of a su…

No sum paid into the court pursuant to § 45-29-4 shall be charged with clerk’s fees of any nature. After the filing of the copy, plat, and statement, pursuant to § 45-29-4, notice of the taking of the land, or interest in it, shall be served upon the owners of and persons having …

If any person agrees with the authority for the price of the land, or interest in it, taken pursuant to this chapter, the court, upon the application of the parties in interest, may order that the sum agreed upon be paid immediately from the money deposited, as the just compensat…

Any owner of or persons entitled to any estate in or interested in any part of the land, or interest in it, taken pursuant to this chapter, who cannot agree with the authority for the price of the land, or interest in it, so taken in which he or she is interested as previously st…

Upon filing of the petition referred to in § 45-29-7, the superior court shall cause twenty (20) days’ notice of the pendency of the petition to be given to the authority by serving the chairperson of the authority with a certified copy of the petition, and may proceed after that…

In case two (2) or more conflicting petitioners make claim to the same land, or to any interests in it, or to different interests in the same parcel of land, the superior court, upon motion, shall consolidate their several petitions for trial at the same time by the same jury, an…