2009 Rhode Island Code
Title 45 - Towns and cities
CHAPTER 45-48 - Nasonville Water District
§ 45-48-7 - Public hydrants – Taking of private property.

SECTION 45-48-7

   § 45-48-7  Public hydrants – Taking of private property. – (a) The district may establish public hydrants in public places as it may see fit and prescribe for what purposes the public hydrants are used, all of which it may change in its discretion.

   (b) For the purpose of this chapter the district has and enjoys all the authority and power conferred upon the electors or town council of any town, by the provisions of chapter 15 of title 39, "Water Supply", and of all acts in amendment of it and in addition, and, when exercising this power and authority, is subject to all the duties and liabilities imposed by that chapter and acts upon towns and town councils.

   (c) Upon taking any private property or interest therein, the district shall deposit in the superior court, for the payment of compensation on account of the property or properties, or interests, so taken, any sum that the court determines to be amply sufficient to satisfy the claims of all persons interested in the property (and the court may, in its discretion, take evidence to determine the sum to be deposited); the use of the funds for that purpose is a fixed obligation of the district to the extent required for that purpose; the full faith and credit of the district are deemed pledged to pay compensation as may be awarded or agreed upon; and the treasurer shall pay the compensation from any available funds, which include, but are not limited to, the funds so deposited. Upon application of the district, the court may refund to the district any money on deposit which is determined to be in excess of the amount needed.

   (d) The notice specified in § 39-15-6 shall be given to the interested party personally or left at his or her last and usual place of abode in this state with some person living there. If the party is absent from this state and has no last and usual place of abode in this state occupied by that person, the notice shall be left with the persons, if any, in charge of or having possession of the land involved and another copy shall be mailed to the address of the absent party if the address is known to the officer or person making the service.

   (e) If any property or right is taken in which an infant or other person not capable in law to act in his or her own behalf is interested, the superior court may appoint a guardian ad litem for the infant or other person if the infant or other person is not represented in Rhode Island by a guardian or conservator. Any guardian ad litem, or guardian or conservator, may, with the approval of the superior court, agree with the district on the compensation to be paid and, upon receipt of the compensation, release to the district all claims for damages on behalf of the infant or other incapacitated person.

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