reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-27 - Housing Authority Bonds and Obligations › Section 45-27-8. - Negotiability of bonds.

§ 45-27-8. Negotiability of bonds.
Notwithstanding any provision of any law to the contrary, any bonds, interim certificates, or other obligations issued pursuant to this chapter are fully negotiable.
History of Section.
P.L. 1935, ch. 2255, § 14; G.L. 1938, ch. 344, § 14; G.L. 1956, § 45-27-8.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-27 - Housing Authority Bonds and Obligations › Section 45-27-10. - Mortgage of property.

§ 45-27-10. Mortgage of property.
In connection with any project financed in whole or in part or otherwise aided by a government (whether through a donation of money or property, a loan, the insurance or guaranty of a loan, or otherwise), the authority also has power to mortgage all or any part of its property, real or personal, then owned or acquired:
(1)
To vest in a government the right, upon the happening of an event of default (as defined in the mortgage), to foreclose the mortgage through judicial proceedings or through the exercise of a power of sale without judicial proceedings, so long as a government is the holder of any of the bonds secured by the mortgage.
(2)
To vest in a trustee or trustees the right, upon the happening of an event of default (as defined in the mortgage), to foreclose the mortgage through judicial proceedings or through the exercise of a power of sale without judicial proceedings.
(3)
To vest in other obligees the right to foreclose the mortgage by judicial proceedings.
(4)
To vest in an obligee, including a government, the right in foreclosing any mortgage, to foreclose the mortgage as to all or part or parts of the property covered by the mortgage as the obligee (in its absolute discretion) elects; the institution, prosecution, and conclusion of foreclosure proceedings, and/or the sale of any parts of the mortgaged property shall not affect, in any manner or to any extent, the lien of the mortgage on the parts of the mortgaged property not included in the proceedings or not sold.
History of Section.
P.L. 1935, ch. 2255, § 16; G.L. 1938, ch. 344, § 16; G.L. 1956, § 45-27-10.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-27 - Housing Authority Bonds and Obligations › Section 45-27-11. - Remedies of obligee.

§ 45-27-11. Remedies of obligee.
An obligee of the authority has the right, in addition to all other rights which may be conferred on the obligee, subject only to any contractual restrictions binding upon the obligee:
(1)
By mandamus, suit, action, or proceeding in law or equity (all of which may be joined in one action) to compel the authority, and its commissioners, officers, agents, or employees to perform each and every term, provision, and covenant contained in any contract of the authority, and to require the carrying out of any or all covenants and agreements of the authority and the fulfillment of all duties imposed upon the authority by chapters 25 — 27 of this title.
(2)
By suit, action, or proceeding in equity to enjoin any acts or things which may be unlawful, or the violation of any of the rights of an obligee of the authority.
(3)
By suit, action, or proceeding in any court of competent jurisdiction to cause possession of any housing project or any part of it to be surrendered to any obligee having the right to possession pursuant to any contract of the authority.
History of Section.
P.L. 1935, ch. 2255, § 17; G.L. 1938, ch. 344, § 17; G.L. 1956, § 45-27-11.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-27 - Housing Authority Bonds and Obligations › Section 45-27-12. - Remedies conferrable on obligee by housing authority.

§ 45-27-12. Remedies conferrable on obligee by housing authority.
Any authority has power by its trust indenture, mortgage, lease, or other contract to confer upon any obligee, holding or representing a specified amount in bonds, lease, or other obligations, the right upon the happening of an “event of default” as defined in the instrument:
(1)
By suit, action, or proceeding in any court of competent jurisdiction to obtain the appointment of a receiver of any housing project of the authority or any part or parts of it. If the receiver is appointed, he or she may enter and take possession of the housing project or any part or parts of it, and operate and maintain the housing project, and collect and receive all fees, rents, revenues, or other charges arising from it in the same manner as the authority itself might do, and keep those moneys in a separate account or accounts and apply them in accordance with the obligations of the authority as the court directs.
(2)
By suit, action, or proceeding in any court of competent jurisdiction to require the authority and commissioners to account as if it and they were the trustees of an express trust.
History of Section.
P.L. 1935, ch. 2255, § 18; G.L. 1938, ch. 344, § 18; G.L. 1956, § 45-27-12.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-27 - Housing Authority Bonds and Obligations › Section 45-27-13. - Remedies cumulative.

§ 45-27-13. Remedies cumulative.
All the rights and remedies conferred in this chapter are cumulative and in addition to all other rights and remedies that may be conferred upon an obligee of the authority by law or by contract with the authority.
History of Section.
P.L. 1935, ch. 2255, § 19; G.L. 1938, ch. 344, § 19; G.L. 1956, § 45-27-13.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-27 - Housing Authority Bonds and Obligations › Section 45-27-14. - Limitation on remedies against property of authority.

§ 45-27-14. Limitation on remedies against property of authority.
(a)
No interest of the authority in any property, real or personal, is subject to sale by the foreclosure of a mortgage on it, either through judicial proceedings or the exercise of a power of sale contained in the mortgage, except in the case of the mortgages provided for in § 45-27-10. All property of the authority is exempt from levy and sale by virtue of an execution, and no execution or other judicial process shall issue against the authority.
(b)
No judgment against the authority shall be a charge or lien upon its property, real or personal. The provisions of this section do not apply to or limit the right of obligees to foreclose any mortgage of the authority provided for in § 45-27-10 and, in the case of a foreclosure sale, to obtain a judgment or decree for any deficiency due on the indebtedness secured by it and issued on the credit of the authority. The deficiency judgment or decree shall be a lien and charge upon the property of the authority, which may be levied on and sold by virtue of an execution or other judicial process for the purpose of satisfying that deficiency judgment or decree.
History of Section.
P.L. 1935, ch. 2255, § 20; G.L. 1938, ch. 344, § 20; G.L. 1956, § 45-27-14.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-27 - Housing Authority Bonds and Obligations › Section 45-27-15. - Subordination of mortgage to government contract.

§ 45-27-15. Subordination of mortgage to government contract.
The authority may agree in any mortgage made by it that the mortgage is subordinate to a contract for the supervision by a government of the operation and maintenance of the mortgaged property and the construction of improvements on it. In that event, any purchaser or purchasers at a sale of the property of an authority, pursuant to a foreclosure of the mortgage or any other remedy in connection with it, obtains title subject to the contract.
History of Section.
P.L. 1935, ch. 2255, § 21; G.L. 1938, ch. 344, § 21; G.L. 1956, § 45-27-15.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-27 - Housing Authority Bonds and Obligations › Section 45-27-16. - Obligations in federal contracts.

§ 45-27-16. Obligations in federal contracts.
In addition to the powers conferred upon the authority by other provisions of chapters 25 — 27 of this title, the authority is empowered to borrow money or accept grants from the federal government for or in aid of any housing project which the authority is authorized to undertake, to take over any land acquired by the federal government for the construction or operation of a housing project, to take over or lease or manage any housing project constructed or owned by the federal government, and to these ends, to enter into contracts, mortgages, trust indentures, leases, or other agreements that the federal government may require, including agreements that the federal government has the right to supervise and approve the construction, maintenance, and operation of the housing project. In any contract with the federal government for annual contributions to an authority, the authority may obligate itself (which obligation shall be specifically enforceable and not constitute a mortgage, notwithstanding any other laws) to convey to the federal government possession of or title to the project to which the contract relates, upon the occurrence of a substantial default (as defined in the contract) with respect to the covenants or conditions to which the authority is subject. The contract may further provide that in the case of a conveyance, the federal government may complete, operate, manage, lease, convey, or otherwise deal with the project in accordance with the terms of the contract; provided, that the contract requires that, as soon as practicable after the federal government is satisfied that all defaults with respect to the project have been cured and that the project will be operated in accordance with the terms of the contract, the federal government shall reconvey to the authority the project as then constituted. It is the purpose and intent of chapters 25 — 27 of this title to authorize every authority to do any and all things necessary to secure the financial aid and the cooperation of the federal government in the undertaking, construction, maintenance, and operation of any housing project which the authority is empowered to undertake.
History of Section.
P.L. 1935, ch. 2255, § 22; G.L. 1938, ch. 344, § 22; P.L. 1950, ch. 2619, § 4; G.L. 1956, § 45-27-16.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-27 - Housing Authority Bonds and Obligations › Section 45-27-17. - Validation of prior agreements.

§ 45-27-17. Validation of prior agreements.
All agreements, and undertakings of housing authorities established pursuant to the housing authorities law, entered into before March 8, 1943, relating to financing or aiding in the development or operation of any housing projects, including (without limiting the generality of the foregoing) loan and annual contributions contracts, agency contracts, and leases, agreements with municipalities or other public bodies (including those pledged or authorized to be pledged for the protection of the holders of any notes or bonds issued by housing authorities or which are otherwise made a part of the contract with those holders of notes or bonds) relating to cooperation in aid of housing projects, furnishing of municipal services and facilities and the elimination of unsafe and unsanitary dwellings, and contracts for the construction of housing projects, together with all proceedings, acts, and things undertaken or done before March 8, 1943 with reference thereto, are hereby validated, and declared legal in all respects.
History of Section.
P.L. 1943, ch. 1271, § 1; G.L. 1956, § 45-27-17.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-27 - Housing Authority Bonds and Obligations › Section 45-27-18. - Validation of previous acts.

§ 45-27-18. Validation of previous acts.
(a)
All proceedings, acts, and things undertaken or done before March 8, 1943, in or for the authorization, issuance, execution, sale, and delivery of notes and bonds by housing authorities for the purpose of financing or aiding in the development or construction of a housing project or projects, are hereby validated and declared legal in all respects.
(b)
Any payments to public bodies in the state made by a housing authority before March 8, 1943, are validated and declared legal in all respects, and a housing authority is authorized to make payments to public bodies in the state in those amounts as it finds desirable, notwithstanding any statutory limitation on the amount of those payments.
(c)
All notes and bonds issued by housing authorities before March 8, 1943, are validated and declared legal in all respects.
History of Section.
P.L. 1943, ch. 1271, § 2; G.L. 1956, § 45-27-18.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-27 - Housing Authority Bonds and Obligations › Section 45-27-19. - Validation of defense housing activities.

§ 45-27-19. Validation of defense housing activities.
All bonds, notes, contracts, agreements, and obligations of housing authorities issued or entered into before May 6, 1941, relating to financing or undertaking (including cooperating with or acting as an agent of the federal government in) the development or administration of any project to assure the availability of safe and sanitary dwellings for persons engaged in national defense activities, are validated and declared legal in all respects, notwithstanding any defect or irregularity or any want of statutory authority.
History of Section.
P.L. 1941, ch. 1031, § 1; G.L. 1956, § 45-27-19.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-27 - Housing Authority Bonds and Obligations › Section 45-27-20. - Security for deposits by authority.

§ 45-27-20. Security for deposits by authority.
The authority may by resolution provide that:
(1)
All moneys deposited by it are secured by obligations of the United States or of the state, of a market value equal at all times to the amount of the deposits, or
(2)
By any securities in which savings banks may legally invest funds within their control or by an undertaking with sureties approved by the authority, faithfully to keep and pay over, upon the order of the authority, those deposits and agreed interest. All banks and trust companies are authorized to give security for those deposits.
History of Section.
P.L. 1935, ch. 2255, § 23; G.L. 1938, ch. 344, § 23; G.L. 1956, § 45-27-20.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-27 - Housing Authority Bonds and Obligations › Section 45-27-21. - Bonds as legal investments.

§ 45-27-21. Bonds as legal investments.
(a)
Notwithstanding any restrictions on investments contained in any laws of this state, the state and all public officers, municipal corporations, political subdivisions, and public bodies, all banks, bankers, trust companies, savings banks and institutions, building and loan associations, savings and loan associations, investment companies, and other persons carrying on a banking business, all insurance companies, insurance associations, and other persons carrying on an insurance business, and all executors, administrators, guardians, trustees, and other fiduciaries may legally invest any sinking funds, moneys or other funds, belonging to them or within their control, in any bonds or other obligations issued by a housing authority pursuant to this chapter, or issued by any public housing authority or agency in the United States, when bonds or other obligations are secured by a pledge of annual contributions to be paid by the United States government or any of its agencies, and the bonds and other obligations are authorized security for all public deposits.
(b)
It is the purpose of this chapter to authorize any persons, firms, corporations, associations, political subdivisions, bodies, and officers, public or private, to use any funds owned or controlled by them, including, but not limited to, sinking, insurance, investment, retirement, compensation, pension, and trust funds, and funds held on deposit, for the purchase of bonds or other obligations; provided, that nothing contained in this chapter shall be construed as relieving any person, firm, or corporation from any duty of exercising reasonable care in selecting securities.
History of Section.
P.L. 1935, ch. 2255, § 24; G.L. 1938, ch. 344, § 24; P.L. 1939, ch. 726, § 3; G.L. 1956, § 45-27-21.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-28 - Extraterritorial Powers of Housing Authorities › Section 45-28-1. - Definitions.

§ 45-28-1. Definitions.
As used in this chapter, the term “housing authority” means a housing authority established pursuant to the housing authorities law (chapters 25 — 27 of this title); and the term “governing body” means in the case of a city, the council, board, or other body charged with governing the city, and, in the case of a town, the town council.
History of Section.
P.L. 1943, ch. 1274, § 1; G.L. 1956, § 45-28-1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-28 - Extraterritorial Powers of Housing Authorities › Section 45-28-2. - City or town authority for extension of operations.

§ 45-28-2. City or town authority for extension of operations.
(a)
For the purpose of cooperating with and assisting cities and towns, a housing authority may exercise its powers in the territory within the boundaries of any city or town not included in the area in which the housing authority is then authorized to function, or in any designated portion of that territory, after the governing body of the city or town, as the case may be, adopts an ordinance or resolution declaring that there is a need for the authority to function in the territory or in a designated portion of it.
(b)
If a housing authority has previously been authorized to exercise its powers in the territory or designated portion, the ordinance or resolution shall not be adopted unless the housing authority finds that ultimate economy would thereby be promoted, and the housing authority shall not initiate any housing project in that territory or designated portion after the adoption of the ordinance or resolution.
History of Section.
P.L. 1943, ch. 1274, § 1; G.L. 1956, § 45-28-2.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-28 - Extraterritorial Powers of Housing Authorities › Section 45-28-3. - Taking of real property for authority.

§ 45-28-3. Taking of real property for authority.
Any city or town may take real property located in it for a housing authority exercising its powers in the city or town, and the taking (and the conveyance of the property to the housing authority) shall be in the manner provided in §§ 45-29-13 — 45-29-32; provided, that in the case of a taking by a town, the functions prescribed in these sections for officers of a city shall be performed by the town council.
History of Section.
P.L. 1943, ch. 1274, § 1; G.L. 1956, § 45-28-3.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-28 - Extraterritorial Powers of Housing Authorities › Section 45-28-4. - Powers supplementary.

§ 45-28-4. Powers supplementary.
The powers conferred by this chapter are in addition and supplemental to the powers conferred by any other law.
History of Section.
P.L. 1943, ch. 1274, § 2; G.L. 1956, § 45-28-4.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-29 - Eminent Domain for Housing Authority Projects › Section 45-29-1. - Definitions.

§ 45-29-1. Definitions.
Insofar as they are applicable, the definitions contained in § 45-25-3 are adopted as definitions for §§ 45-29-1 — 45-29-12.
History of Section.
P.L. 1941, ch. 1030, § 6; G.L. 1956, § 45-29-1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-29 - Eminent Domain for Housing Authority Projects › Section 45-29-2. - Power of authority to take by eminent domain.

§ 45-29-2. Power of authority to take by eminent domain.
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 acquisition of the land, or interest in it, is necessary for a housing project.
History of Section.
P.L. 1941, ch. 1030, § 1; P.L. 1947, ch. 1860, § 2; G.L. 1956, § 45-29-2; P.L. 1964, ch. 15, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-29 - Eminent Domain for Housing Authority Projects › Section 45-29-3. - Resolution of necessity of acquisition — Statement of compensation estimated as just.

§ 45-29-3. Resolution of necessity of acquisition — Statement of compensation estimated as just.
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 for the public use, and that the land, or interest in it, is included in an approved project under the housing authority law. Within six (6) months, the authority shall cause to be filed in the land evidence records of the city, a copy of the resolution of the authority, together with a plat of the land, or interest in it described, and a statement, signed by the chairperson of the authority, that the land, or interest in it, is taken pursuant to the provisions of §§ 45-29-1 — 45-29-12. Thereupon, the authority shall file in the superior court in and for the county in which the land, or interest in it lies, a statement of the sum of money estimated by the authority to be just compensation for the land taken.
History of Section.
P.L. 1941, ch. 1030, § 1; G.L. 1956, § 45-29-3.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-29 - Eminent Domain for Housing Authority Projects › Section 45-29-4. - Vesting of title to land taken by authority.

§ 45-29-4. Vesting of title to land taken by authority.
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 sum that the court determines to be amply sufficient to satisfy the claims of all persons interested in the land (and the court may, in its discretion, take evidence on the question to determine the sum to be deposited), title to the land, or interest in it, shall vest in the authority in fee simple absolute, and the authority thereupon may take possession of the land, or interest in it.
History of Section.
P.L. 1941, ch. 1030, § 1; G.L. 1956, § 45-29-4.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-29 - Eminent Domain for Housing Authority Projects › Section 45-29-5. - Service and publication of notice of taking of property.

§ 45-29-5. Service and publication of notice of taking of property.
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 an estate in and interested in the land by the sheriff or his deputies of the county in which the land, or interest in it, lies, leaving a true and attested copy of the description and statement with each of those persons personally, or at their last and usual place of abode in this state with some person living there, and in case any of those persons are absent from this state and have no last and usual place of abode in the state occupied by any person, the copy shall be left with the persons, if any, in charge of or having possession of the land, or interest in it, taken of the absent persons if they are known to the officer; and after the filing of the resolution, plat, and statement, the secretary of the authority shall cause a copy of the resolution and statement to be published in some newspaper published in the county where the land, or interest in it, may be located at least once a week for three (3) successive weeks.
History of Section.
P.L. 1941, ch. 1030, § 1; G.L. 1956, § 45-29-5.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-29 - Eminent Domain for Housing Authority Projects › Section 45-29-6. - Payment of agreed price for land.

§ 45-29-6. Payment of agreed price for land.
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 compensation to be awarded in the proceeding.
History of Section.
P.L. 1941, ch. 1030, § 1; G.L. 1956, § 45-29-6.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-29 - Eminent Domain for Housing Authority Projects › Section 45-29-7. - Petition for jury assessment of damages.

§ 45-29-7. Petition for jury assessment of damages.
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 stated, may, within three (3) months after personal notice of the taking, or, if he or she has no personal notice, within one year from the first publication of the copy of the resolution and statement referred to in § 45-29-3, apply by petition to the superior court in and for the county in which the land, or interest in it, lies, setting forth the taking of his or her land or interest in it, and praying for an assessment of damages by a jury.
History of Section.
P.L. 1941, ch. 1030, § 2; G.L. 1956, § 45-29-7.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-29 - Eminent Domain for Housing Authority Projects › Section 45-29-8. - Jury trial of damages — Payment.

§ 45-29-8. Jury trial of damages — Payment.
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 notice to the trial; and the trial shall determine all questions of fact relating to the value of the land, or interest in it, and the amount thereof, and judgment shall be entered upon the verdict of the jury, and execution issued against the money so deposited in court and in default against any other property of the authority.
History of Section.
P.L. 1941, ch. 1030, § 2; G.L. 1956, § 45-29-8.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-29 - Eminent Domain for Housing Authority Projects › Section 45-29-9. - Consolidation of trials — Precedence in court.

§ 45-29-9. Consolidation of trials — Precedence in court.
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, and may frame all necessary issues for the trial. All proceedings taken pursuant to the provisions of §§ 45-29-1 — 45-29-12 shall take precedence over all other civil matters then pending before the court, or if the superior court in and for the county in which the land, or interest in it, lies, not in session in that county, then the petition may be heard in the superior court for the counties of Providence and Bristol.
History of Section.
P.L. 1941, ch. 1030, § 2; G.L. 1956, § 45-29-9; P.L. 1988, ch. 84, § 108.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-29 - Eminent Domain for Housing Authority Projects › Section 45-29-10. - Representation of infants and people who are incompetent.

§ 45-29-10. Representation of infants and people who are incompetent.
If any lands, or interests in them, in which any infant or other person not capable in law to act in his or her own behalf is interested, are taken by the authority under the provisions of §§ 45-29-1 — 45-29-12 the superior court, upon the filing of a petition by or in behalf of the infant or other person, may appoint a guardian ad litem for that infant or other person, and the guardian may appear and be heard in behalf of the infant or other person; and the guardian may also, with the advice and consent of the superior court and upon terms that the superior court may prescribe, release to the authority all claims for damages for the lands of the infant or other person or for any interests in them. Any lawfully appointed, qualified, and acting guardian or other fiduciary of the estate of an infant or other person, with the approval of the 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 authority upon the amount of damages suffered by the infant or other person by any taking of his or her lands or of his or her interests in any lands and may, upon receiving that amount, release to the authority all claims of damages of the infant or other person for the taking.
History of Section.
P.L. 1941, ch. 1030, § 3; G.L. 1956, § 45-29-10.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-29 - Eminent Domain for Housing Authority Projects › Section 45-29-11. - Return of excess deposits to authority.

§ 45-29-11. Return of excess deposits to authority.
Whenever, from time to time, the housing authority has satisfied the court that the amount deposited with the court is greater than is amply sufficient to satisfy the claims of all persons interested in the land, the court may order that the amount of the excess is repaid to the housing authority. Whenever the housing authority has satisfied the court that the claims of all persons interested in the land taken have been satisfied, the unexpended balance shall be paid immediately to the housing authority.
History of Section.
P.L. 1941, ch. 1030, § 4; G.L. 1956, § 45-29-11; P.L. 2009, ch. 310, § 60.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-29 - Eminent Domain for Housing Authority Projects › Section 45-29-12. - Expediting proceedings — Taking of land devoted to other public use — “Owner” defined.

§ 45-29-12. Expediting proceedings — Taking of land devoted to other public use — “Owner” defined.
In any proceedings for the assessment of compensation and damages for land or interest in it taken or to be taken by eminent domain by an authority, the following provisions are applicable:
(1)
At any time during the pendency of an action or proceeding, the authority or an owner may apply to the court for an order directing an owner or the authority, as the case may be, to show cause why further proceedings should not be expedited, and the court may, upon that application, make an order requiring that the hearings proceed and that any other steps be taken with all possible expedition.
(2)
If any of the land, or interest in it, included within the project is devoted to a public use, it may nevertheless be acquired, and the taking shall be effective, provided that no land, or interest in it, belonging to the city or to any government shall be acquired without its consent, and that no land or interest in it belonging to a public utility corporation may be acquired without the approval of the division of public utilities or other officer or tribunal having regulatory power over that corporation. Any land, or interest in it, already acquired by the authority may nevertheless be included within the taking for the purpose of acquiring any outstanding interests in the land.
(3)
The term “owner”, as used in this section, includes a person having an estate, interest, or easement in the land to be acquired or a lien, charge, or encumbrance on it.
History of Section.
P.L. 1941, ch. 1030, § 5; G.L. 1956, § 45-29-12.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-29 - Eminent Domain for Housing Authority Projects › Section 45-29-13. - Power of city to take property for authority.

§ 45-29-13. Power of city to take property for authority.
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.
History of Section.
P.L. 1935, ch. 2256, § 1; G.L. 1938, ch. 345, § 1; G.L. 1956, § 45-29-13.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-29 - Eminent Domain for Housing Authority Projects › Section 45-29-14. - Resolutions of necessity for acquisition by city.

§ 45-29-14. Resolutions of necessity for acquisition by city.
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 included in an approved project under the housing authorities law, and after the adoption by the city of a like resolution.
History of Section.
P.L. 1935, ch. 2256, § 2; G.L. 1938, ch. 345, § 2; G.L. 1956, § 45-29-14.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-29 - Eminent Domain for Housing Authority Projects › Section 45-29-15. - Agreement between city and authority as to payments to city.

§ 45-29-15. Agreement between city and authority as to payments to city.
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 city, there shall be a definite agreement entered into between the city and the authority in which shall be stated the amount to be paid by the authority to the city for the property, or in lieu of that, that the authority shall pay to the city all sums expended or required to be expended by the city in the acquisition of the property, and may require that the city receive, before proceeding with the acquisition of the property, assurances as to payment of reimbursement by the authority or otherwise as the city may deem advisable.
History of Section.
P.L. 1935, ch. 2256, § 3; G.L. 1938, ch. 345, § 3; G.L. 1956, § 45-29-15.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-29 - Eminent Domain for Housing Authority Projects › Section 45-29-16. - Maps and surveys filed by authority.

§ 45-29-16. Maps and surveys filed by authority.
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. The filing of the surveys or maps shall be conclusive evidence of the acceptance by the authority of the terms and conditions of the resolution.
History of Section.
P.L. 1935, ch. 2256, § 4; G.L. 1938, ch. 345, § 4; G.L. 1956, § 45-29-16.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-29 - Eminent Domain for Housing Authority Projects › Section 45-29-17. - Payment of agreed price by city.

§ 45-29-17. Payment of agreed price by city.
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 paid to the owner by the city upon suitable conveyance and/or release of the estate or interest to the city by the owner.
History of Section.
P.L. 1935, ch. 2256, § 5; G.L. 1938, ch. 345, § 5; G.L. 1956, § 45-29-17.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-29 - Eminent Domain for Housing Authority Projects › Section 45-29-18. - Time allowed for commencement of condemnation proceedings by city.

§ 45-29-18. Time allowed for commencement of condemnation proceedings by city.
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.
History of Section.
P.L. 1935, ch. 2256, § 5; G.L. 1938, ch. 345, § 5; G.L. 1956, § 45-29-18.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-29 - Eminent Domain for Housing Authority Projects › Section 45-29-19. - Filing of plat and statement by city — Service and publication of notice.

§ 45-29-19. Filing of plat and statement by city — Service and publication of notice.
(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 condemnation pursuant to the provisions of §§ 45-29-13 — 45-29-32, and shall simultaneously file in the office of the clerk of the superior court in and for the county in which the lands or any interest in the lands are located, a like description, plat, and statement, all of which shall be signed by the mayor of the city.
(b)
Notice of the taking of the property desired to be condemned shall be served upon the owners of, and persons having an estate in, and interested in the land, by the city sergeant of the city, by leaving a true and attested copy of the description and statement with each of those persons personally, or at the last and usual place of abode of those persons, respectively, in this state, with some person living there; and in case those persons are absent from this state and/or have no last and usual place of abode in this state occupied by any person, or in case the whereabouts of any person shall be unknown to the city sergeant, the copies shall be left with the persons, if any, in charge of or having possession of the property, and another copy shall be mailed by the city sergeant postpaid to absent persons, at their last known addresses, respectively, to the extent that the addresses are known to the city sergeant.
(c)
Upon the filing of the description, plat, and statement, the city clerk shall cause them to be published in some newspaper published in the city, or if none, then in some newspaper published in the county, in which the lands are located, at least twice a week for three (3) successive weeks.
History of Section.
P.L. 1935, ch. 2256, § 5; G.L. 1938, ch. 345, § 5; G.L. 1956, § 45-29-19.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-29 - Eminent Domain for Housing Authority Projects › Section 45-29-20. - Notice of hearing on property taken by city.

§ 45-29-20. Notice of hearing on property taken by city.
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, in the description, plat, or statement set forth, may appear before the court and be heard with reference to the taking of the land, (but not later than fifteen (15) days from the filing), and the hearing shall take precedence over all other civil matters pending before the court, or if the superior court not in session in that county, in the superior court for the counties of Providence and Bristol. The clerk of the court for the county in which the land lies, shall then issue notice directed to the persons interested in the land or any interest or estate in it, containing a summary in substance of the description, plat, and statement so filed and a copy of the court order, all of which shall be served by publication for a time and in a newspaper or newspapers that the court prescribes, and in any other manner that the court may direct.
History of Section.
P.L. 1935, ch. 2256, § 5; G.L. 1938, ch. 345, § 5; G.L. 1956, § 45-29-20.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-29 - Eminent Domain for Housing Authority Projects › Section 45-29-21. - Determination of necessity — Appointment and fees of appraisers.

§ 45-29-21. Determination of necessity — Appointment and fees of appraisers.
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 description, plat, and statement set forth, are necessary or convenient to the city for the purposes specified in this chapter, and if it determines that the lands or any interests or estate in them are necessary or convenient, the court shall appoint the attorney general of the state of Rhode Island and two (2) wholly disinterested persons eminently skilled in the values or valuations of real estate in the locality of the real estate sought to be condemned, but not resident in that city, to serve as appraisers to value and estimate the damages sustained by reason of the taking, and the damages, if any, to the remainder of any land of any owner or of any interest therein, not taken. Vacancies among the appraisers shall be filled by the superior court upon application of any interested party and upon any notice that the court may direct. Their fees for services shall be fixed by the court and paid by the city.
History of Section.
P.L. 1935, ch. 2256, § 5; G.L. 1938, ch. 345, § 5; G.L. 1956, § 45-29-21.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-29 - Eminent Domain for Housing Authority Projects › Section 45-29-22. - Proceedings and report by appraisers.

§ 45-29-22. Proceedings and report by appraisers.
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 interest as to their respective damages for the taking, and if the taking is less than the whole, then the damages to the remainder by reason of the taking. Within thirty (30) days after the commencement of hearings, or any longer period that the court may permit, the appraisers, or a majority of them, shall file in the office of the clerk of the superior court for the county where the land lies, a written report of their doings and their estimate of the damages so sustained, stating the names of the owners, and a brief description of their respective rights and interests taken, and damages consequent thereon.
History of Section.
P.L. 1935, ch. 2256, § 5; G.L. 1938, ch. 345, § 5; G.L. 1956, § 45-29-22.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-29 - Eminent Domain for Housing Authority Projects › Section 45-29-23. - Deposit of appraisal amounts by city — Vesting of title.

§ 45-29-23. Deposit of appraisal amounts by city — Vesting of title.
(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 the registry of the court for the county in which the land or any interest in the land is taken the total damages mentioned in the report, attributable to the taking, and thereupon the title to the lands and to the interests, for which payment into court has been made by the city, shall vest in the city.
(b)
In the event that the city does not, within those ten (10) days or a longer period, not exceeding thirty (30) days, that the court shall fix, pay any amount for any given piece of land or interest in the land, into the registry of the court when so required, the proceedings relative thereto become null and void and the city shall not have any right in, nor any right to take, the land or interest in it.
History of Section.
P.L. 1935, ch. 2256, § 5; G.L. 1938, ch. 345, § 5; G.L. 1956, § 45-29-23.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-29 - Eminent Domain for Housing Authority Projects › Section 45-29-24. - Notice of appraisers’ report and payments to owners — Trial of objections to report.

§ 45-29-24. Notice of appraisers’ report and payments to owners — Trial of objections to report.
(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 or any interest in them, of the filing of the report, notifying each of them to file within ten (10) days after service of notice as the court directs, if he or she sees fit, his or her objection to the report.
(b)
If, at the end of the period of ten (10) days, no objection is filed either by the city or by the owner with respect to the appraisal of his or her lands or his or her interest in them, the superior court shall, upon motion of the owner or of the city, order the amount of the award paid to the owners, and the payment shall be in full satisfaction of damages sustained by the taking. If at the end of that period, objection has been filed, the court shall nevertheless, after hearing the parties, order paid over to the owner of the land or interest in it, seventy-five percent (75%) of the amount of the appraisal of the land or interest, which sum, when paid, shall be irrecoverable, but without prejudice to the rights of the owner to sue for, and recover, any deficiency.
(c)
The objections to the report of the appraisers shall stand for trial and be tried in every respect as other civil actions, including the right to except to rulings, to apply for new trial for cause, and to prosecute exceptions in the supreme court, but if the appellant in those proceedings shall not obtain a gross award more favorable to the appellant than the award of the appraisers, the appellant shall pay the costs of the adverse party, unless otherwise ordered by the court. If the appellant obtains therein a gross award more favorable than the award of the appraisers, the appellant shall recover his or her costs from the adverse party unless otherwise ordered by the court; but costs exclude fees of counsel.
History of Section.
P.L. 1935, ch. 2256, § 5; G.L. 1938, ch. 345, § 5; G.L. 1956, § 45-29-24.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-29 - Eminent Domain for Housing Authority Projects › Section 45-29-25. - Confirmation of appraisers’ report — Use of deposit — Execution.

§ 45-29-25. Confirmation of appraisers’ report — Use of deposit — Execution.
(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 percent (6%) per annum from the date when the city became entitled to enter upon and take possession of and use the land or interest or estate in it.
(b)
The balance, if any, of any sum of money in the registry of the court after the payment to any claimant objecting, of the sum of seventy-five percent (75%) of the appraised value of his or her property condemned remains in the registry of the court, subject to its further order, and shall be ordered used in satisfaction of any unpaid part of final awards, respectively, with interest and costs, to the extent required. If the balance is insufficient, then execution shall issue against the city for the deficiency. Any excess not otherwise required shall be ordered repaid to the city or the authority depositing it. To avoid conflicting executions, the court may order executions to be issued in adjusted amounts.
History of Section.
P.L. 1935, ch. 2256, § 5; G.L. 1938, ch. 345, § 5; G.L. 1956, § 45-29-25.