Title 46, Title 46 and Navigation

Whenever any property or estate or rights of property shall be taken under the provisions of § 46-2-12, the owner thereof, including all persons having property rights therein, shall be paid therefor according to their respective interests, by the city or town taking the same.

The city or town, taking any property, estate, or right of property under the provisions of §§ 46-2-12 — 46-2-26, shall first cause a plat with a description thereof to be made, which, with a certificate of the taking of the same, shall contain a list of the owners thereof and of…

At the time mentioned in the notice given under the authority of § 46-2-14, or at such adjournment from that time as the court shall order, the court shall appoint three (3) suitable persons to be commissioners to appraise the damages sustained by any person whose property, estat…

The clerk of the superior court shall open the report of the commissioners, and the report may be examined by any person interested therein; and any person or party aggrieved by any award of damages by the commissioners may claim a jury trial upon any item of damages thereby awar…

Any proceeding in taking any property or estate or rights of property, or in claiming damages therefor, or other proceeding under the provisions of §§ 46-2-12 — 46-2-26, may at any stage of the proceeding, with the leave of the court, be amended upon such terms and conditions as …

Whenever the report of the commissioners shall be received by the court and no right of trial by jury shall be claimed thereon, the court shall enter judgment in favor of the several claimants for the damages awarded to them respectively; and so shall enter judgment upon the verd…

If any land covered by tidewater is taken under §§ 46-2-12 — 46-2-26, then damages to the rights of every riparian owner and of every lessee of the land, if any, shall be awarded under the provisions hereof the same as for any other right of property.

The director of the department of environmental management is authorized to negotiate, cooperate, and enter into agreements in behalf of this state with the United States in order to satisfy the conditions imposed by the United States authorizing any project for the improvement o…

Any city or town may acquire by gift or purchase any lands or interests therein in any other city or town which are necessary for the construction and/or maintenance of the project and may appropriate such sum or sums as may be necessary therefor.

(a) The city or town shall have full power and authority to cooperate with and assist the federal government in all matters relating to the planning, constructing, equipping, maintenance, and operation of the projects in the event that the federal government shall make any federa…

The flood control project or projects shall be carried out and executed in all respects subject to the provisions of the appropriate federal law providing for the project, and the rules and regulations made pursuant thereto, and to such terms, conditions, rules, and regulations, …

After the completion of the project, the city or town shall maintain and operate the flood control works.

Each city or town shall prescribe regulations designed to prevent encroachments on the improved channels, and shall enforce the regulations, and shall take such means as may be necessary to prevent any encroachments upon the flood channel and conduit capacities to be provided by …

The total cost incurred under § 46-2-12 shall be borne by the city and town which shall have voted to cooperate with the state and the federal government in the flood control project; provided, however, that the state may share in the cost at a rate not to exceed fifty percent (5…

Sections 46-2-12 — 46-2-26 shall be construed to be in addition to and an enlargement of the provisions of §§ 46-2-7 — 46-2-11.

The director of the department of environmental management with the approval of the governor, is authorized to give assurances that the state will hold and save the United States harmless from claims and damages resulting from any improvement or protection project and to enter in…

Whenever it shall be necessary to obtain cooperation, assistance, or funds from the United States of America in the form of loans, advances, grants, subsidies, and otherwise, directly or indirectly, for any of the purposes enumerated in § 46-2-2, the director of the department of…

Where an appropriation has been made by the general assembly for that purpose, the director of the department of environmental management, with the approval of the governor, is authorized to provide for the payment by the state of the cash contribution required by the United Stat…

The powers granted in §§ 46-2-2 — 46-2-5 shall be deemed to be in addition to and not in derogation of all the powers previously vested in the director of the department of environmental management.

Any city or town is authorized to negotiate, cooperate, and enter into agreements with the United States and the state in order to satisfy the conditions imposed by the United States in authorizing any project for the improvement of navigation of any harbor or river and for the p…

Where any improvement or protection project is located within two (2) or more cities or towns, the cities or towns are authorized to undertake jointly any action as is authorized in § 46-2-7.

In order to carry out the intent of §§ 46-2-7 — 46-2-11 any city or town is authorized to acquire by condemnation any land, easements, or rights-of-way required for the improvement or protection project, and any city or town is authorized to make appropriations and to expend fund…