reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 37 - Public Property and Works › Chapter 37-6 - Acquisition of Land › Section 37-6-13.1. - Authorization of condemnation for state office buildings.

§ 37-6-13.1. Authorization of condemnation for state office buildings.
Whenever in the opinion of the director of administration the acquisition of land or other real property or any interest, estate, or right therein is necessary or advantageous for the construction of state office buildings, including parking areas required therefor, and other related facilities within that parcel of real estate bounded on the north by Orms Street, on the west by Freeway Service Drive, on the south by Smith Street and on the east by the railroad tracks of the New York, New Haven, and Hartford Railroad Company, except that portion of the parcel owned by St. Patrick’s Church, Providence, Rhode Island, the state properties committee may authorize the acquisition thereof by condemnation proceedings; provided, however, the state properties committee shall not authorize any land or estate owned and used by any railroad company to be taken by condemnation until after a hearing before the division of public utilities and carriers and until the consent of the division of public utilities and carriers to the taking shall be given.
History of Section.
P.L. 1967, ch. 91, § 1.
2023 Rhode Island General Laws › Title 37 - Public Property and Works › Chapter 37-6 - Acquisition of Land › Section 37-6-14. - Filing of condemnation papers — Vesting of title — Availability of state treasury funds.

§ 37-6-14. Filing of condemnation papers — Vesting of title — Availability of state treasury funds.
Within six (6) months after the state properties committee has authorized condemnation proceedings, the acquiring authority shall file in the office of the recorder of deeds or town clerk in the city or town where the land or other real property to be acquired is situated, a description of the land or other real property, a plat thereof, a statement that the land or other real property is taken pursuant to the provisions of this chapter, and the nature of the title to be acquired, whether the title be a fee simple or less than perpetual in duration, or subject to any easements or rights of way, or subject to any reserved or outstanding interests or rights, or subject to any encumbrances. The description, plat, and statement shall be signed by the head of the acquiring authority and upon the filing of the description, plat, and statement the title of such land or other real property as set forth in the statement shall vest in the state of Rhode Island. All funds at any time in the state treasury not otherwise appropriated shall thereupon be available for the payment of the value of the land or other real property so taken and of appurtenant damage to any remainder with lawful interest thereon.
History of Section.
P.L. 1953, ch. 3105, § 11; P.L. 1955, ch. 3515, § 1; G.L. 1956, § 37-6-14.
2023 Rhode Island General Laws › Title 37 - Public Property and Works › Chapter 37-6 - Acquisition of Land › Section 37-6-15. - Service of notice of condemnation.

§ 37-6-15. Service of notice of condemnation.
After the filing of the description, plat, and statement, a notice of the taking of the land or other real property shall be served upon the owner and persons having an estate or right in or who are interested in the land or other real property by any deputy sheriff, or constable for the county in which the land or other real property is situated. The officer who shall leave a true and attested copy of the description and statement with each of the persons personally or at their last and usual place of abode in this state with some person living there, and in case any of the persons are absent from this state and have no last and usual place of abode therein occupied by any person, the copy shall be left with the person or persons, if any, in charge of, or having possession of, the land or other real property taken of the absent persons, and another copy thereof shall be mailed to the address of the absent persons, if the same is known to the officer serving the notice.
History of Section.
P.L. 1953, ch. 3105, § 11; P.L. 1955, ch. 3515, § 1; G.L. 1956, § 37-6-15; P.L. 1993, ch. 100, § 1; P.L. 1993, ch. 214, § 1; P.L. 2012, ch. 324, § 72.
2023 Rhode Island General Laws › Title 37 - Public Property and Works › Chapter 37-6 - Acquisition of Land › Section 37-6-16. - Publication of notice of condemnation.

§ 37-6-16. Publication of notice of condemnation.
(a)
After the filing of the description and statement, the acquiring authority shall cause a notice of condemnation to be published in the newspaper of greatest circulation in the city or town where the land or other real property is located at least once a week for three (3) successive weeks. The notice shall contain the name of the acquiring authority, the plat number of the taking, the date the condemnation was authorized by the state properties committee, the date of the taking, the property interest or interests acquired, the purpose of the taking, and the location of the area of the condemnation together with a statement that the complete description may be obtained from the office of the director of the condemning authority.
(b)
For the purposes of this statute, a notice in substantially the following form will suffice: NOTICE OF CONDEMNATION — [Plat Number]. Location: [City or Town] — [Street, streets or area or location of taking]. The [condemning authority] pursuant to authorization received from the state properties committee on [date] did on [date] take [fee, simple title, permanent easements, temporary easements, or other interest in property] in the location referred to above for [purpose of taking]. A complete description of the taking may be obtained from [the office of the director of the condemning authority, address].
History of Section.
P.L. 1953, ch. 3105, § 11; P.L. 1955, ch. 3515, § 1; G.L. 1956, § 37-6-16; P.L. 1982, ch. 225, § 1; P.L. 1994, ch. 85, § 1.
2023 Rhode Island General Laws › Title 37 - Public Property and Works › Chapter 37-6 - Acquisition of Land › Section 37-6-17. - Payment of agreed price for condemned land.

§ 37-6-17. Payment of agreed price for condemned land.
If any party shall agree with the acquiring authority upon the sum to be paid for the value of the land or other real property so taken and of appurtenant damage to any remainder or for the value of his or her estate, right, or interest therein, and the price shall be approved by the state properties committee, the price shall be paid to him or her forthwith. The state controller is authorized and directed, upon receipt by him or her of proper and duly authenticated vouchers, to draw his or her order upon the general treasurer for the payment of the agreed price out of any funds appropriated and available therefor; provided, however, that if any party shall fail to agree with the acquiring authority upon the sum to be paid for the value of the land or other real property so taken and of appurtenant damage to any remainder or for the value of his or her estate, right, or interest therein, then, the state properties committee, upon the application of the party in interest and of the joinder of all other parties in interest shall order paid forthwith, to the party or parties so applying for or on account of the just compensation to be awarded under a petition filed or to be filed in the superior court for the assessment of damages, in accordance with the provisions of this chapter, not less than one hundred percent (100%) of the acquiring authority’s offer pending final disposition of the court proceeding. The verdict and the judgment thereafter entered in the court proceeding shall not include any item for interest upon such amount as shall be or could have been ordered paid by the state properties committee on account of the just compensation for any period of time from and after thirty (30) days following the making in writing of the acquiring authority’s offer.
History of Section.
P.L. 1953, ch. 3105, § 11; P.L. 1955, ch. 3515, § 1; G.L. 1956, § 37-6-17; P.L. 1961, ch. 166, § 1; P.L. 1966, ch. 219, § 1; P.L. 1981, ch. 225.
2023 Rhode Island General Laws › Title 37 - Public Property and Works › Chapter 37-6 - Acquisition of Land › Section 37-6-18. - Petition for assessment of damages by jury.

§ 37-6-18. Petition for assessment of damages by jury.
Any owner of, or any person entitled to any estate or right in, or interested in any part of the land or other real property so taken, who cannot agree with the acquiring authority upon the price to be paid for his or her estate, right, or interest in land or other real property so taken and the appurtenant damage to the remainder, may within one year from the filing of the description and statement aforesaid, apply by petition to the superior court in the county of Providence or to the superior court for one of the counties in which the land or other real property may be situated, setting forth the taking of his or her land or his or her estate or interest therein and praying for an assessment of damages by a jury. Upon the filing of the petition, the court shall cause twenty (20) days notice of the pendency thereof to be given to the acquiring authority by serving the head thereof with a certified copy thereof and by leaving certified copies thereof at the office of the attorney general and at the office of the state properties committee.
History of Section.
P.L. 1953, ch. 3105, § 11; P.L. 1955, ch. 3515, § 1; G.L. 1956, § 37-6-18.
2023 Rhode Island General Laws › Title 37 - Public Property and Works › Chapter 37-6 - Acquisition of Land › Section 37-6-19. - Late filing of petition for assessment of damages.

§ 37-6-19. Late filing of petition for assessment of damages.
In case any owner of or any person having an estate or interest in land or other real property shall fail to file his or her petition as provided in § 37-6-18, the superior court in the county of Providence or the superior court for one of the counties in which the land or other real property may be situated, in its discretion, may permit the filing of the petition subsequent to the one year period from the filing of the description and statement; provided, the person shall have had no actual knowledge of the taking of the land in time to file the petition; and provided, that the state shall not have paid any other person or persons claiming to own the land the value thereof or be liable to pay for the land under any judgment rendered under the provisions of this chapter.
History of Section.
P.L. 1953, ch. 3105, § 12; P.L. 1955, ch. 3515, § 2; G.L. 1956, § 37-6-19; P.L. 1997, ch. 326, § 160.
2023 Rhode Island General Laws › Title 37 - Public Property and Works › Chapter 37-6 - Acquisition of Land › Section 37-6-20. - Pretrial conference with state properties committee — Proceeding to trial.

§ 37-6-20. Pretrial conference with state properties committee — Proceeding to trial.
In the event that the government of the United States of America does not participate with the state of Rhode Island in the payment of any funds to the claimant or claimants of an estate, then within sixty (60) days after the service of a certified copy upon the head of the acquiring authority, the owner of and any person entitled to any estate in or interested in any part of the land or other real property so taken shall confer with the state properties committee and, if at the expiration of ninety (90) days after the service of the certified copy upon the head of the acquiring authority, the owner of and person entitled to any estate in or interested in any part of the land or other real property so taken has not agreed with the state properties committee upon the price to be paid for his or her estate, right, or interest in the land or other real property so taken and the appurtenant damage to the remainder, he or she may proceed to the trial thereof in the superior court. In the event that the government of the United States of America does participate with the state of Rhode Island in the payment of any funds, in any proportion, to the claimant or claimants of the estate, then the owner of and any person entitled to any estate in or interested in any part of the land or other real property so taken shall not confer with the state properties committee, but the cause may then proceed to trial in the superior court.
History of Section.
P.L. 1953, ch. 3105, § 12; P.L. 1955, ch. 3515, § 2; G.L. 1956, § 37-6-20; P.L. 1962, ch. 9, § 1.
2023 Rhode Island General Laws › Title 37 - Public Property and Works › Chapter 37-6 - Acquisition of Land › Section 37-6-21. - Conduct of trial on damages.

§ 37-6-21. Conduct of trial on damages.
A trial shall be conducted as other civil actions at law are tried. The trial shall determine all questions of fact relating to the value of the estate or interest in the land or other real property taken and the appurtenant damage to any remainder and the amount thereof. The trial and verdict of the jury shall be subject to all rights to move for new trial and to appeal as are provided by law.
History of Section.
P.L. 1953, ch. 3105, § 12; P.L. 1955, ch. 3515, § 2; G.L. 1956, § 37-6-21.
2023 Rhode Island General Laws › Title 37 - Public Property and Works › Chapter 37-6 - Acquisition of Land › Section 37-6-21.1. - Expediting proceedings.

§ 37-6-21.1. Expediting proceedings.
In any proceedings for the assessment of damages for real property so taken by the state under the provisions of this chapter, at any time during the pendency of the action or proceeding, the state or owner may apply to the court for an order directing the owner or state, as the case may be, to show cause why the further proceeding should not be expedited. The court may upon application make an order requiring that the hearings proceed and that any other steps be taken with all possible expedition, and all the court actions shall have precedence on the calendar and shall continue to have precedence on the calendar on a day-to-day basis until the matter is heard.
History of Section.
P.L. 1982, ch. 240, § 1.
2023 Rhode Island General Laws › Title 37 - Public Property and Works › Chapter 37-6 - Acquisition of Land › Section 37-6-22. - Consolidation of petitions as to same land.

§ 37-6-22. Consolidation of petitions as to same land.
In case two (2) or more petitioners make claim to the same land, or other real property, or to any estate or interest therein, or to different estates or interests in the same parcel of land or other real property, the court shall, upon motion, consolidate their several petitions for trial and shall frame all necessary issues therefor.
History of Section.
P.L. 1953, ch. 3105, § 12; P.L. 1955, ch. 3515, § 2; G.L. 1956, § 37-6-22.
2023 Rhode Island General Laws › Title 37 - Public Property and Works › Chapter 37-6 - Acquisition of Land › Section 37-6-23. - Calculation of interest and payment of judgment.

§ 37-6-23. Calculation of interest and payment of judgment.
(a)
If a petition for assessment of damages is filed, then the property owner shall be entitled to interest on the fair market value of the property taken by the acquiring authority from the date it is condemned to the day that judgment enters. Interest thereon shall be calculated on the fair market value of the property which exceeds the amount offered by the acquiring authority pending final disposition of the court proceedings. Upon a recovery of final judgment, an execution shall be issued therefor and shall be forthwith paid by the general treasurer out of any funds appropriated and available therefor. Interest on any judgment shall be computed daily to the date of payment and shall be compounded annually. Interest shall be calculated as follows:
(1)
Where the period for which interest is owed does not exceed one year, interest shall be calculated for such period form the date of taking at an annual rate equal to the weekly average one year constant maturity Treasury yield, as published by the Board of Governors of the Federal Reserve System, for the calendar week preceding the date of the taking.
(2)
Where the period for which interest is owed is more than one year, interest for the first year shall be calculated in accordance with subdivision (1) of this section and interest for each additional year shall be calculated on the combined amount of the principal and accrued interest at an annual rate equal to the weekly average one year constant maturity Treasury yield, as published by the Board of Governors of the Federal Reserve System, for the calendar week preceding the beginning of each additional year.
(b)
In the event the one year constant maturity Treasury yield is converted to a different standard reference base or otherwise revised, the determination of interest shall be made with the use of such converted or revised standard reference base. In the event the Board of Governors of the Federal Reserve System ceases to publish a converted or revised rate, interest shall be calculated at a rate published by the United States Treasury Department, or other comparable entity, that establishes a rate reflecting or best approximating the market conditions for one year investments at the time of the taking and each additional year that interest is owed pursuant to subdivision (2) above.
History of Section.
P.L. 1953, ch. 3105, § 12; P.L. 1955, ch. 3515, § 2; G.L. 1956, § 37-6-23; P.L. 1962, ch. 9, § 1; P.L. 1968, ch. 257, § 1; P.L. 1989, ch. 555, § 4; P.L. 1994, ch. 258, § 1; P.L. 2003, ch. 260, § 1; P.L. 2003, ch. 275, § 1; P.L. 2011, ch. 363, § 36.
2023 Rhode Island General Laws › Title 37 - Public Property and Works › Chapter 37-6 - Acquisition of Land › Section 37-6-23.1. - Procedure where no claim filed or owner unknown or under disability.

§ 37-6-23.1. Procedure where no claim filed or owner unknown or under disability.
(a)
If, after the expiration of one year following the filing of the description, plat, and statement as provided in § 37-6-14, and after notice by publication as prescribed by § 37-6-16, no petition for an assessment of damages has been filed in the superior court pursuant to § 37-6-18 or otherwise, the acquiring authority may petition the superior court for one of the counties in which the land or other real property is situated for a determination of the fair value of the land or other real property so taken and of appurtenant damages to any remainder, or for the value of any estate, right, or interest therein. After such notice as the court shall order, the court shall proceed to hear the matter and shall enter a decision for the amount or amounts to be awarded and costs. Upon entry of judgment, the acquiring authority shall forthwith deposit the sum so awarded in the registry of the court in a special account to accumulate for the benefit of the person entitled thereto. The acquiring authority making the deposit shall take the receipt of the clerk of the superior court therefor which shall operate as a release and discharge to the acquiring authority for all claims for damages resulting from the taking. When any person entitled to money so deposited shall satisfy the superior court of his or her right to receive the money, the court shall cause the money to be paid over to him or her with all accumulations thereon.
(b)
If the owner of or person entitled to any estate, right, or interest in any part of the land so taken shall be found to be a person unascertained, or not in being, or a person whose whereabouts are unknown, or a minor or other person not capable in law to act in his or her own behalf, or a person in military service, or if the owner or person shall default in answering the petition, the superior court before which the proceeding is pending shall appoint an attorney at law duly admitted to practice in this state as a guardian ad litem or other representative for the person, and the guardian or representative shall appear, represent, and be heard in behalf of the person. Before entering judgment, the court shall fix the fee to be paid to each guardian or representative so appointed and the fees for any appraisers engaged by him or her. These amount of expenses to be allowed him or her, which fees and expenses shall be considered charges against and shall be deducted from the sum deposited in the registry for the benefit of the person, and the receipt therefor of the guardian or representative so appointed shall be a sufficient discharge to the clerk of court.
History of Section.
P.L. 1962, ch. 76, § 1.
2023 Rhode Island General Laws › Title 37 - Public Property and Works › Chapter 37-6 - Acquisition of Land › Section 37-6-23.2. - Deposit of fair market value as determined by state’s reviewing appraiser.

§ 37-6-23.2. Deposit of fair market value as determined by state’s reviewing appraiser.
(a)
If, after the expiration of one year following the filing of the description, plat, and statement as provided in § 37-6-14, and after notice by publication as prescribed by § 37-6-16, no petition for an assessment of damages has been filed in the superior court pursuant to § 37-6-18 or otherwise, the acquiring authority may petition the superior court for one of the counties in which the land or other real property is situated or for Providence county for permission to deposit in the registry of the court a sum of money equal to the amount of appraisal of the parcel of land taken which was approved by the state’s reviewing appraiser as the fair market value of the parcel or parcels of land taken and of appurtenant damages to any remainder. The sum shall be deposited in the registry of the court in a special account to accumulate for the benefit of the person or persons entitled thereto. The acquiring authority making the deposit shall take the receipt of the clerk of the superior court as evidence of his or her compliance with the order of the court. After such notice as the court shall order, the court after hearing evidence as to the approved figure of the state’s reviewing appraiser, as aforesaid, shall direct the amount to be so deposited and invested. The acquiring authority shall have the right to join several parcels of land in a single petition, despite the fact that the parcels are owned by different persons, but, wherever possible, the sum deposited for each parcel owned separately or owned in common by more than one person shall be designated and recorded with the clerk of court at the time of the deposit. When any person entitled to money so deposited shall satisfy the superior court of his or her right to receive the money, the court shall cause the money to be paid over to him or her with all accumulations thereon.
(b)
If a petition is filed under the provisions of § 37-6-23.1 after the deposit of a sum of money in the registry of the court has been made for the land or real property so taken in accordance with the provisions of this section, upon entry of judgment thereon, the court shall order the sum of money theretofore deposited in the registry of the court transferred to the special account provided for in § 37-6-23.1, and the acquiring authority shall thereupon deposit in the special account a sum of money equal to the difference between the sum transferred and the sum awarded by the court in its decision made under the provisions of § 37-6-23.1.
(c)
Nothing in this section shall prevent or interfere with the operation of any other section of this title.
History of Section.
P.L. 1970, ch. 30, § 1; P.L. 1997, ch. 326, § 160.
2023 Rhode Island General Laws › Title 37 - Public Property and Works › Chapter 37-6 - Acquisition of Land › Section 37-6-24. - Conveyance of land in exchange for property taken — Construction on or improvement of land remaining to private owner.

§ 37-6-24. Conveyance of land in exchange for property taken — Construction on or improvement of land remaining to private owner.
Whenever in the opinion of the acquiring authority a substantial saving in the cost of acquiring title can be effected by conveying other land or other real property, title to which is in the state, to the person or persons from whom the estate or interest in land or other real property is being purchased or taken, or by the construction or improvement by the acquiring authority of any work or facility upon the remaining land or other real property of the person or persons from whom the estate or interest in land or other real property is being purchased or taken, the acquiring authority shall be and hereby is authorized and directed, with the approval of the state properties committee, to convey by instrument, approved as to substance by the director of administration and as to form by the attorney general, such other land or other real property of the state to the person or persons from whom the estate or interest in land or other real property is being purchased or taken, and to construct or improve any work or facility upon the remaining land of the person or persons.
History of Section.
P.L. 1953, ch. 3105, § 13; G.L. 1956, § 37-6-24.
2023 Rhode Island General Laws › Title 37 - Public Property and Works › Chapter 37-6 - Acquisition of Land › Section 37-6-25. - Liberal construction — Technicalities — Severability.

§ 37-6-25. Liberal construction — Technicalities — Severability.
The provisions of this chapter and §§ 37-7-1 — 37-7-9 shall be construed liberally in order to accomplish the purposes hereof, and where any specific power is given to the state properties committee or the acquiring authority by the provisions thereof, the statement thereof shall not be held to exclude or impair any implied and incidental powers and such additional powers, not inconsistent with any express provisions of this chapter and §§ 37-7-1 — 37-7-9, which may constitutionally be conferred upon it, as may be proper and reasonably necessary to effectuate the purposes of this chapter and §§ 37-7-1 — 37-7-9. No order, rule, regulation, or action of the state properties committee shall be declared inoperative, illegal, or void for any omission of a technical nature in respect thereto. If any provision of this chapter or §§ 37-7-1 — 37-7-9, or any order, rule, or regulation made or action performed under them, or the application of a provision to any person or under any circumstances shall be held invalid by a decision of any court of competent jurisdiction, the remainder of this chapter and §§ 37-7-1 — 37-7-9, or of the order, rule, regulation, or action and the application of a provision to other persons or under other circumstances, shall not be affected by the decision. The invalidity of any section or sections or parts of any section or sections of this chapter or of §§ 37-7-1 — 37-7-9, shall not affect the validity of the remainder of the chapter and sections, and it is hereby declared to be the legislative intent that the chapter and sections would have been enacted if the invalid parts had not been included therein.
History of Section.
P.L. 1953, ch. 3105, § 25; G.L. 1956, § 37-6-25.
2023 Rhode Island General Laws › Title 37 - Public Property and Works › Chapter 37-6 - Acquisition of Land › Section 37-6-26. - Acquisition of land for utility or railroad relocation necessitated by highway construction or improvement.

§ 37-6-26. Acquisition of land for utility or railroad relocation necessitated by highway construction or improvement.
(a)
Whenever, in connection with the laying out, widening, relocating, improving, constructing, or altering of a highway by the department of transportation, land, an easement, or other interest therein owned by a public utility or railroad company, is acquired by the director of transportation under the provisions of this chapter, thereby necessitating the relocation of the facilities of the company, the director of transportation, subject to the provisions of this chapter, may acquire by purchase or may take by condemnation such land or easements therein as may be necessary for the relocation or replacement of the public utility or railroad facilities and convey the land or easements to the public utility or railroad company. The conveyance shall be in lieu of any damages for the value of the land, easements, or other interests therein of the company so taken by the director of transportation, not including, however, any damages for the cost of the relocation for which the state may be liable.
(b)
For the purposes of this section, the term “public utility” shall embrace the definition therefor contained within § 39-1-2 and, in addition, shall include any public water works or water service owned or furnished by any municipal or quasi-municipal corporation or authority.
History of Section.
P.L. 1967, ch. 49, § 1.
2023 Rhode Island General Laws › Title 37 - Public Property and Works › Chapter 37-6 - Acquisition of Land › Section 37-6-27. - Use of state property for city park purposes.

§ 37-6-27. Use of state property for city park purposes.
(a)
The state properties committee may, upon receipt of a request from a city or town, permit the use of state owned property within the city or town for park or recreational purposes. The city or town receiving permission to use state property shall be responsible for its maintenance and care.
(b)
Nothing contained in this section shall be construed to pass the legal title of any property to a city or town when permission for use is granted.
History of Section.
P.L. 1972, ch. 110, § 1.
2023 Rhode Island General Laws › Title 37 - Public Property and Works › Chapter 37-6 - Acquisition of Land › Section 37-6-28. - Compliance with federal law.

§ 37-6-28. Compliance with federal law.
The state of Rhode Island and any and all of its agencies and departments are hereby authorized to comply fully with the pertinent provisions of the Uniform Relocation Assistance and Land Acquisition Policies Act of 1970, 42 U.S.C. § 4601 et seq., and any subsequent amendments thereto, by making all of the payments authorized and set forth in the federal act and by providing any and all of the services as set forth in the federal act.
History of Section.
P.L. 1981, ch. 225, § 2.
2023 Rhode Island General Laws › Title 37 - Public Property and Works › Chapter 37-6 - Acquisition of Land › Section 37-6-29. - Repealed.

§ 37-6-29. Repealed.
History of Section.
P.L. 1989, ch. 555, § 5; P.L. 1994, ch. 258, § 2; Repealed by P.L. 2003, ch. 260, § 2; P.L. 2003, ch. 275, § 2, effective July 17, 2003. For present comparable provisions, see § 37-6-23.
2023 Rhode Island General Laws › Title 37 - Public Property and Works › Chapter 37-6.1 - Relocation Payments › Section 37-6.1-1. - Approval of payments.

§ 37-6.1-1. Approval of payments.
The director of the state department of transportation is hereby authorized to approve the payment by the general treasurer upon orders drawn by the state controller of relocation payments to eligible persons, businesses, farms, and nonprofit organizations of fair and reasonable relocation and other payments as provided by this chapter caused by their displacement from real property acquired by the state in conjunction with any federal or state highway program.
History of Section.
P.L. 1963, ch. 90, § 1; P.L. 1969, ch. 218, § 1; P.L. 1997, ch. 326, § 161.
2023 Rhode Island General Laws › Title 37 - Public Property and Works › Chapter 37-6.1 - Relocation Payments › Section 37-6.1-2. - Administration of relocation assistance program.

§ 37-6.1-2. Administration of relocation assistance program.
In order to prevent unnecessary expenses and duplication of functions, the director of transportation may make relocation payments, or provide relocation assistance, or otherwise carry out the functions required under this chapter by utilizing the facilities, personnel, and services of any other federal, state, or local governmental agency having an established organization for conducting relocation assistance programs.
History of Section.
P.L. 1969, ch. 218, § 1.
2023 Rhode Island General Laws › Title 37 - Public Property and Works › Chapter 37-6.1 - Relocation Payments › Section 37-6.1-3. - Purposes for which payments made.

§ 37-6.1-3. Purposes for which payments made.
(a) Payments for actual expenses.
Upon application approved by the department of transportation, a person displaced by any state highway project may elect to receive actual reasonable expenses in moving him or herself, his or her family, his or her business, or his or her farm operation, including personal property, for a reasonable distance.
(b) Optional payments
— Dwellings.
Any displaced person who moves from a dwelling who elects to accept the payments authorized by this subsection in lieu of the payments authorized by subsection (a) of this section may receive:
(1)
A moving expense allowance determined according to a schedule established by the director of transportation, not to exceed two hundred dollars ($200); and
(2)
A dislocation allowance of one hundred dollars ($100).
(c) Optional payments
— Business and farm operations.
Any displaced person who moves or discontinues his or her business or farm operation who elects to accept the payment authorized by this subsection in lieu of the payment authorized by subsection (a) of this section, may receive a fixed relocation payment in an amount equal to the average annual net earnings of the business or farm operation, or five thousand dollars ($5,000), whichever is the lesser. In the case of a business, no payment shall be made under this subsection unless the director of transportation is satisfied that the business (i) cannot be relocated without a substantial loss of its existing patronage, and (ii) is not part of a commercial enterprise having at least one other establishment not being acquired by the state, which is engaged in the same or similar business. For purposes of this subsection, the term “average annual net earnings” means one half (½) of any net earnings of the business or farm operation, before taxes on income or gross receipts, during the two (2) taxable years immediately preceding the taxable year in which the business or farm operation moves from the real property acquired for the project, and includes any compensation paid by the business or farm operation to the owner, his or her spouse, or his or her dependents during the two (2) year period.
History of Section.
P.L. 1963, ch. 90, § 1; G.L. 1956, § 37-6.1-2; P.L. 1969, ch. 218, § 1; P.L. 1970, ch. 297, § 1.
2023 Rhode Island General Laws › Title 37 - Public Property and Works › Chapter 37-6.1 - Relocation Payments › Section 37-6.1-4. - Replacement housing.

§ 37-6.1-4. Replacement housing.
(a)
In addition to amounts otherwise authorized by this chapter, the director of transportation shall make a payment to the owner of real property acquired for a project which is improved by a single, two (2), or three (3) family dwelling actually owned and occupied by the owner for not less than one year prior to the initiation of negotiations for the acquisition of the property. The payments, not to exceed amounts authorized by United States P.L. 91-646, [42 U.S.C. § 4601 et seq.], entitled Uniform Relocation Assistance and Land Acquisition Policies Act of 1970, and any subsequent amendments thereto, shall be the amount, if any, which, when added to the acquisition payment, equals the average price required for a comparable dwelling determined, in accordance with standards established by the director of transportation, to be a decent, safe, and sanitary dwelling adequate to accommodate the displaced owner, reasonably accessible to public services and places of employment, and available on the private market. The payment shall be made only to a displaced owner who purchases and occupies a dwelling within one year subsequent to the date on which he or she is required to move from the dwelling acquired for the project.
(b)
In addition to amounts otherwise authorized by this chapter, the director of transportation shall make a payment to any individual or family displaced from any dwelling not eligible to receive a payment under subsection (a) of this section, which dwelling was actually and lawfully occupied by the individual or family for not less than ninety (90) days prior to the initiation of negotiations for acquisition of the property, as is hereinafter specified. The payment, not to exceed amounts authorized by amounts allowable by United States P.L. 91-646, [42 U.S.C. § 4601, et seq.], entitled Uniform Relocation Assistance and Land Acquisition Policies Act of 1970, and any subsequent amendments thereto shall be the increased differential in amount, if any, over the rental value or the acquisition price of the dwelling previously occupied, which is necessary to enable the person to lease or rent for a period not to exceed two (2) years, or to make the down payment on the purchase of a decent, safe, and sanitary dwelling of standards adequate to accommodate the individual or family in areas not generally less desirable in regard to public utilities and public and commercial facilities, the differential amount to be computed according to an equitable schedule or formula established by the director of transportation.
History of Section.
P.L. 1969, ch. 218, § 1; P.L. 2000, ch. 169, § 1.
2023 Rhode Island General Laws › Title 37 - Public Property and Works › Chapter 37-6.1 - Relocation Payments › Section 37-6.1-5. - Expenses incidental to transfer of property.

§ 37-6.1-5. Expenses incidental to transfer of property.
In addition to amounts otherwise authorized by this chapter, the director of transportation shall reimburse the owner of real property acquired for a project for reasonable and necessary expenses incurred for:
(1)
Recording fees, transfer taxes, and similar expenses incidental to conveying the property;
(2)
Penalty costs for repayment of any mortgage entered into in good faith encumbering the real property if the mortgage is on record or has been filed for record on the date of acquisition by the state of the real estate; and
(3)
The pro rata portion of real property taxes paid which are allocable to a period subsequent to the date of vesting of title in the state, or the effective date of the possession of the real property by the state, whichever is earlier.
History of Section.
P.L. 1969, ch. 218, § 1.
2023 Rhode Island General Laws › Title 37 - Public Property and Works › Chapter 37-6.1 - Relocation Payments › Section 37-6.1-6. - Effect on eminent domain proceedings.

§ 37-6.1-6. Effect on eminent domain proceedings.
(a)
The payments authorized in this chapter shall not be construed as creating in any condemnation proceeding brought under the power of eminent domain any element of damages not in existence on August 23, 1968, and the payments are to be in addition to the just compensation established in condemnation proceedings but only to the extent that they are not otherwise included within the condemnation award.
(b)
In any condemnation proceedings where the director of transportation has, previous to an award made by the court, made available to the displaced person a portion of the fair market value of the acquired property, the payment authorized in subsection (a) of § 37-6.1-4 may be altered to reflect any change in the fair market value as may thereafter be established in the condemnation proceedings by the court. In any case where the director of transportation had made an advance payment and the amount payable under subsection (a) of § 37-6.1-4 is reduced by virtue of the determination of a higher fair market value by the court in the condemnation proceedings, the director of transportation may set off in the condemnation proceeding the amount by which the payment should be reduced against any additional sums payable to the displaced person under the terms of the award in the condemnation proceeding.
History of Section.
P.L. 1969, ch. 218, § 1; P.L. 1990, ch. 492, § 9.
2023 Rhode Island General Laws › Title 37 - Public Property and Works › Chapter 37-6.1 - Relocation Payments › Section 37-6.1-7. - Relocation services.

§ 37-6.1-7. Relocation services.
The department of transportation shall provide a relocation advisory assistance program which shall include such measures, facilities, or services as may be necessary or appropriate in order:
(1)
To determine the needs, if any, of displaced families, individuals, business concerns, and farm operators for relocation assistance;
(2)
To assure that, within a reasonable period of time, prior to displacement, there will be available, to the extent that can reasonably be accomplished, in areas not generally less desirable in regard to public utilities and public and commercial facilities and at rents or prices within the financial means of the families and individuals displaced, housing meeting the standards established by the director of transportation for decent, safe, and sanitary dwellings, equal in number to the number of, and available to, the displaced families and individuals and reasonably accessible to their places of employment;
(3)
To assist owners of displaced businesses and displaced farm operators in obtaining and becoming established in suitable locations; and
(4)
To supply information concerning the federal housing administration home acquisition program under § 221(d)(2) of the National Housing Act 12 U.S.C. § 1715(d)(2), the small business disaster loan program under § 7(b)(3) of the Small Business Act 15 U.S.C. § 636(b)(3), and other state or federal programs offering assistance to displaced persons.
History of Section.
P.L. 1969, ch. 218, § 1.
2023 Rhode Island General Laws › Title 37 - Public Property and Works › Chapter 37-6.1 - Relocation Payments › Section 37-6.1-8. - Rules and regulations.

§ 37-6.1-8. Rules and regulations.
(a)
To carry into effect the provisions of this chapter, the director of transportation is authorized to make such rules and regulations as he or she may determine to be necessary to assure:
(1)
That the payments authorized by this chapter shall be fair, reasonable, and as uniform as practicable;
(2)
That a displaced person who makes proper application for a payment authorized for a person by this chapter shall be paid promptly after a move or, in hardship cases, may be paid in advance; and
(3)
That any person aggrieved by a determination as to eligibility for a payment authorized by this chapter, or the amount of a payment, may have his or her application reviewed by the director of transportation or his or her designated representative.
(b)
The director of transportation may make such other rules and regulations consistent with the provisions of this chapter as he or she deems necessary or appropriate to carry out this chapter.
(c)
The director of transportation, in order to achieve a uniform administration of related federal and state laws, may adopt all or any part of applicable federal rules and regulations relating to the subject matter of this chapter.
History of Section.
P.L. 1969, ch. 218, § 1.
2023 Rhode Island General Laws › Title 37 - Public Property and Works › Chapter 37-6.1 - Relocation Payments › Section 37-6.1-8.1. - Compliance with federal law.

§ 37-6.1-8.1. Compliance with federal law.
The state of Rhode Island and any and all of its agencies and departments are hereby authorized to comply fully with the pertinent provisions of the Uniform Relocation Assistance and Land Acquisition Policies Act of 1970, 42 U.S.C. § 4601 et seq., and any subsequent amendments thereto, by making all of the payments authorized and set forth in the federal act and by providing any and all of the services as set forth in the federal act.
History of Section.
P.L. 1971, ch. 19, § 1.
2023 Rhode Island General Laws › Title 37 - Public Property and Works › Chapter 37-6.1 - Relocation Payments › Section 37-6.1-9. - Definitions.

§ 37-6.1-9. Definitions.
As used in the preceding sections of this chapter the following terms shall have the following meanings:
(1)
“Business” means any lawful activity conducted primarily:
(i)
For the purchase and resale, manufacture, processing, or marketing of products, commodities, or any other personal property;
(ii)
For the sale of services to the public; or
(iii)
By a nonprofit organization.
(2)
“Displaced person” means any person who moves from real property on or after August 23, 1968, as a result of the acquisition or reasonable expectation of acquisition of real property, which is subsequently acquired in whole or in part by the state for a highway, or as the result of the acquisition by the state for a highway of other real property on which the person conducts a business or farm operation. A person who moves from real property which is subsequently acquired for a state highway as a result of the “reasonable expectation of acquisition of the real property” is one who moves from the property (i) after notification by the department of transportation that the property is to be acquired for a project or after the location of the highway has been definitely established and approved by the department of transportation and (ii) within twelve (12) months before the property is scheduled to be taken by the state; provided that a person who moves onto real property within twelve (12) months before the property is scheduled to be taken by the state and moves from the property more than ninety (90) days before the property is scheduled to be taken by the state is not a displaced person for the purposes of this chapter. Any person who moves from the property prior to acquisition thereof by the state, in order to be eligible for payment under this chapter shall, prior to the removal, notify the department of transportation in writing thereof and receive the certificate of the department of transportation as to his or her eligibility as a displaced person for the purposes of this chapter subject to the subsequent acquisition of the property by the state.
(3)
“Family” means two (2) or more individuals living together in the same dwelling unit who are related to each other by blood, marriage, adoption, or legal guardianship.
(4)
“Farm operation” means any activity conducted solely or primarily for the production of one or more agricultural products or commodities for sale and home use, and customarily producing those products or commodities in sufficient quantity to be capable of contributing materially to the operator’s support.
(5)
“Person” means:
(i)
Any individual, partnership, corporation, or association which is the owner of a business;
(ii)
Any owner, part owner, tenant, or sharecropper who operates a farm;
(iii)
An individual who is the head of a family; or
(iv)
An individual not a member of a family.
History of Section.
P.L. 1969, ch. 218, § 1; P.L. 1997, ch. 326, § 161.
2023 Rhode Island General Laws › Title 37 - Public Property and Works › Chapter 37-6.1 - Relocation Payments › Section 37-6.1-10. - Reservoir program — Relocation payments.

§ 37-6.1-10. Reservoir program — Relocation payments.
The water resources board is hereby authorized to approve the payment by the general treasurer upon orders drawn by the state controller of relocation payments to eligible owner and nonowner persons, families, business concerns, and nonprofit organizations for their reasonable and necessary moving expenses caused by their displacement from real property acquired by the state in conjunction with any federal or state reservoir program.
History of Section.
P.L. 1966, ch. 279, § 1; G.L. 1956, § 37-6.1-5; P.L. 1969, ch. 218, § 1.
2023 Rhode Island General Laws › Title 37 - Public Property and Works › Chapter 37-6.1 - Relocation Payments › Section 37-6.1-11. - Reservoir program — Rules and regulations for relocation payments — Maximum payments.

§ 37-6.1-11. Reservoir program — Rules and regulations for relocation payments — Maximum payments.
Payments under § 37-6.1-10 shall be subject to such rules and regulations as may be prescribed by the water resources board and shall not exceed two hundred dollars ($200) in the case of an individual or family, or three thousand dollars ($3,000) in the case of a business concern (including the operation of a farm) or nonprofit organization. In the case of a business (including the operation of a farm) and in the case of a non-profit organization, the allowable expenses for transportation under this section shall not exceed the cost of moving fifty (50) miles from the point from which the business or organization is being displaced. The rules and regulations may include provisions authorizing relocation payments to be made to individuals and families of fixed amounts (not to exceed two hundred dollars ($200) in any case) in lieu of their respective, reasonable, and necessary moving expenses.
History of Section.
P.L. 1966, ch. 279, § 1; G.L. 1956, § 37-6.1-6; P.L. 1969, ch. 218, § 1.