§ 23-19-10.2 Solid waste disposalfacilities – Sites – Eminent domain. – (a) The Rhode Island resource recovery corporation shall operate only thosepublic solid waste disposal facilities that shall comply with §23-18.9-9.1. Sites shall be selected after demonstration of maximizing the useof source reduction, reuse, recycling, flow control techniques, evaluation ofalternative sites, and assessment of comparative environmental impact at theproposed sites in accordance with law and state planning council regulationsand in their absence, the state planning council shall promulgate regulationsfor the evaluation and/or assessment, and distribution of location of sites forwaste facilities among the regions of the state. All proposed sites shall besubmitted to the state planning council which shall certify that each proposedsite conforms with the state guide plan; provided, however, that certificationshall not be granted prior to the publication of public notice and expirationof the public comment period regarding the proposed site, and, provided,further, that no municipality shall cause any act to be done after December 31,1988 which shall prohibit a solid waste disposal facility site within themunicipality.
(b) There shall be established a solid waste facilitiessiting board which shall be part of the department of administration whosemembers shall be designated by the governor as follows: the governor's legalcounsel; the director of the department of administration; a business orindustry representative; a member of the league of cities and towns; andenvironmental advocate.
(2) The corporation shall submit to the board a writtenreport that shall detail the need to acquire the land or an interest in theland by purchase or by the exercise of the power of eminent domain. The boardshall convene in a public forum following public notice and shall accept publiccomment. No later than thirty (30) days thereafter, the board shall submit tothe governor a transcript of the public comment and an advisory opinion on theneed to acquire the land or the interest in the land and, as applicable, on theneed to acquire the land or interest in the land by the exercise of the powerof eminent domain. The governor, in his or her discretion, may authorize thecorporation to acquire the land or the interest in the land by purchase or, asapplicable, by the exercise of the power of eminent domain; provided, however,that the corporation is prohibited from acquiring land or an interest in landby purchase or by condemnation for the operation of a solid waste disposalfacility without the prior written authorization of the governor.
(3) The director of the department of administration shallprovide suitable staff, clerical assistance, and office space to the board.
(c) Subject to the provisions in subsections (a) and (b), theRhode Island resource recovery corporation shall have the right to acquire anyland, or any interest therein, by the exercise of the power of eminent domain,whenever it shall be determined by the corporation that the acquisition of theland, or interest, is necessary for the construction or the operation of anysolid waste management facility. No municipal ordinance shall be enacted orapplied so as to prohibit the siting or the operation of a public solid wastedisposal facility within the municipality. Provided, however, the corporationshall not be entitled to acquire by eminent domain any existing sanitarylandfill regardless of whether it is owned by a municipality or privatelyowned. Notwithstanding the provisions of title 23, the corporation shall not beempowered to order a municipality which owns a sanitary landfill to acceptsolid waste from any other person or municipality nor shall the corporation beempowered to order a municipality which owns and operates an existing sanitarylandfill to dispose of its solid waste at any other solid waste disposalfacility.
(2) The necessity for the acquisition shall be conclusivelypresumed upon the adoption by the corporation of a resolution declaring thatthe acquisition of the land, or interest in the land, described in theresolution is necessary for construction or operation. Within six (6) monthsthereafter the corporation shall cause to be filed in the land evidence recordsof the city or town in which the land is located a copy of the resolution ofthe corporation, together with a description of the plat of the land orinterest in the land, and a statement, signed by the chairperson of thecorporation, that the land, or interest in the land, is taken pursuant to theprovisions of this chapter. Thereupon the corporation may file its applicationfor licensure with the director.
(3) The corporation shall file in the superior court in andfor the county in which the land or interest in the land lies, a statement ofthe sum of money estimated by the corporation to be just compensation for theland taken. Upon the filing of the copy of the resolution, plat, and statementin the land evidence records of the city or town, the filing in the superiorcourt of the statement, and the depositing in the superior court to the use ofthe persons entitled to it of the sum that the court shall determine to beamply sufficient to satisfy the claims of all persons interested in the land(and the court may, in its discretion, take evidence on the question todetermine the sum to be deposited), title to the land, or interest in the land,shall vest in the corporation in fee simple absolute and the corporationthereupon may take possession of the land or interest in the land.
(4) No sum so paid into the court shall be charged withclerk's fees of any nature. After the filing of the copy, plat, and statement,notice of the taking of the land, or interest therein, shall be served upon theowners of and persons having an estate in and interested in the land by thesheriff or his or her deputies of the county in which the land, or interesttherein, lies leaving a true and attested copy of the description and statementwith each of those persons personally, or at their last and usual place ofabode in this state with some person living there, and in case any of thosepersons are absent from this state and have no last and usual place of abodetherein occupied by any person, the copy shall be left with the persons, ifany, in charge of or having possession of the land, or interest in the land,taken of the absent persons if they are known to the officer; and after thefiling of the resolution, plat, and statement, the chairperson of thecorporation shall cause a copy of the resolution and statement to be publishedin some newspaper published or having general circulation in the county wherethe land, or interest in the land, may be located, at least once a week forthree (3) successive weeks. If any person shall agree with the corporation forthe price of the land, or interest in the land, so taken, the court upon theapplication of the parties in interest, may order that the sum agreed upon bepaid immediately from the money deposited, as the just compensation to beawarded in the proceeding.
(5) Any owner of or persons entitled to any estate in orinterested in any part of the land, or interest in the land, so taken, whocannot agree with the corporation for the price of the land, or interest in theland, so taken in which he or she is interested, may within three (3) monthsafter personal notice of the taking, or, if he or she have no personal notice,may within one year from the first publication of the copy of the resolutionand statement, apply by petition to the superior court in and for the county inwhich the land, or interest in the land, lies, setting forth the taking of hisor her land or interest in the land, and praying for an assessment of damagesby a jury. Upon filing of the petition the court shall cause twenty (20) days'notice of the pendency of the petition to be given to the corporation byserving the chairperson of the corporation with a certified copy, and mayproceed after the notice to the trial of the petition; and the trial shalldetermine all questions of fact relating to the value of the land, or interestin the land, and the amount, and judgment shall be entered upon the verdict ofthe jury and execution of judgment shall be issued against the money sodeposited in court and in default against any other property of thecorporation. In case two (2) or more conflicting petitioners make claim to thesame land, or to any interests in the land, or to different interest in thesame parcel of land, the court upon motion shall consolidate their severalpetitions for trial at the same time by the same jury, and may frame allnecessary issues for the trial; and all proceedings taken pursuant to theprovisions of this chapter shall take precedence over all other civil mattersthen pending before the court, or if the superior court in and for the countyin which the land, or interest in the land, lies, is not in session in thecounty, then the petitions may be heard in the superior court for the countiesof Providence and Bristol.
(6) If any land, or interest in the land, in which any minoror other person not capable in law to act in his or her own behalf isinterested, are taken by the corporation, the superior court, upon the filingof a petition by or in behalf of the minor or other person, may appoint aguardian ad litem for the minor or other person, and the guardian may appearand be heard in behalf of the minor or other person; and the guardian may alsowith the advice and consent of the superior court and upon terms that thesuperior court may prescribe release to the corporation all claims for damagesfor the lands of the minor or other person or for any interests in the lands.Any lawfully appointed, qualified, and acting guardian or other fiduciary ofthe estate of the minor or other person, with the approval of the court ofprobate within this state having jurisdiction to authorize the sale of landsand properties within this state of the minor or other person, may, before thefiling of the petition, agree with the corporation upon the amount of damagessuffered by the minor or other person by any taking of his or her lands or ofhis or her interests in any lands, and may, upon receiving that amount, releaseto the corporation all claims of damages of the minor or other person for thetaking.
(7) Whenever, from time to time the corporation has satisfiedthe court that the amount deposited with the court is greater than is amplysufficient to satisfy the claims of all persons interested in the land, thecourt may order that the amount of the excess including any interest orincrement on any sums so deposited shall be repaid to the corporation. Wheneverthe corporation has satisfied the court that the claims of all personsinterested in the land taken have been satisfied, the unexpended balanceincluding any interest of increment on any sums so deposited shall be paidimmediately to the corporation.
(8) In any proceedings for the assessment of compensation anddamages for land or interest in the land taken or to be taken by eminent domainby the corporation the following provisions shall be applicable:
(i) At any time during the pendency of the action orproceeding, the corporation or an owner may apply to the court for an orderdirecting an owner or the corporation, as the case may be, to show cause whyfurther proceedings should not be expedited, and the court may upon theapplication make an order requiring that the hearings proceed and that anyother steps be taken with all possible expedition.
(ii) If any of the land, or interest in the land, is devotedto a public use, except as provided in subsection (c)(1) it may nevertheless beacquired, and the taking shall be effective provided that no land, or interestin the land, belonging to a public utility corporation may be acquired withoutthe approval of the public utilities administrator or other officer or tribunalhaving regulatory power over the corporation. Any land or interest in the landalready acquired by the corporation may nevertheless be included within thetaking for the purpose of acquiring any outstanding interests in the land.
(9) In addition to all of the proceedings and requirementsprovided by this section, the corporation shall further be required to followthe same statutory proceedings for the taking of land as required of stateagencies when those agencies take land under the authority granted by chapter 6of this title.
(10) The corporation is expressly prohibited from exercisingits powers of eminent domain as provided in this section for the purpose ofacquiring land to site additional landfills:
(i) In an attempt to circumvent the intent of any courtorders or consent agreements to which it is a party; and
(ii) Until such times as it develops a comprehensive plan forand enters into a binding agreement to establish a waste processingfacility(ies), as defined in § 23-19-5(22).
§ 23-19-10.2 Solid waste disposalfacilities – Sites – Eminent domain. – (a) The Rhode Island resource recovery corporation shall operate only thosepublic solid waste disposal facilities that shall comply with §23-18.9-9.1. Sites shall be selected after demonstration of maximizing the useof source reduction, reuse, recycling, flow control techniques, evaluation ofalternative sites, and assessment of comparative environmental impact at theproposed sites in accordance with law and state planning council regulationsand in their absence, the state planning council shall promulgate regulationsfor the evaluation and/or assessment, and distribution of location of sites forwaste facilities among the regions of the state. All proposed sites shall besubmitted to the state planning council which shall certify that each proposedsite conforms with the state guide plan; provided, however, that certificationshall not be granted prior to the publication of public notice and expirationof the public comment period regarding the proposed site, and, provided,further, that no municipality shall cause any act to be done after December 31,1988 which shall prohibit a solid waste disposal facility site within themunicipality.
(b) There shall be established a solid waste facilitiessiting board which shall be part of the department of administration whosemembers shall be designated by the governor as follows: the governor's legalcounsel; the director of the department of administration; a business orindustry representative; a member of the league of cities and towns; andenvironmental advocate.
(2) The corporation shall submit to the board a writtenreport that shall detail the need to acquire the land or an interest in theland by purchase or by the exercise of the power of eminent domain. The boardshall convene in a public forum following public notice and shall accept publiccomment. No later than thirty (30) days thereafter, the board shall submit tothe governor a transcript of the public comment and an advisory opinion on theneed to acquire the land or the interest in the land and, as applicable, on theneed to acquire the land or interest in the land by the exercise of the powerof eminent domain. The governor, in his or her discretion, may authorize thecorporation to acquire the land or the interest in the land by purchase or, asapplicable, by the exercise of the power of eminent domain; provided, however,that the corporation is prohibited from acquiring land or an interest in landby purchase or by condemnation for the operation of a solid waste disposalfacility without the prior written authorization of the governor.
(3) The director of the department of administration shallprovide suitable staff, clerical assistance, and office space to the board.
(c) Subject to the provisions in subsections (a) and (b), theRhode Island resource recovery corporation shall have the right to acquire anyland, or any interest therein, by the exercise of the power of eminent domain,whenever it shall be determined by the corporation that the acquisition of theland, or interest, is necessary for the construction or the operation of anysolid waste management facility. No municipal ordinance shall be enacted orapplied so as to prohibit the siting or the operation of a public solid wastedisposal facility within the municipality. Provided, however, the corporationshall not be entitled to acquire by eminent domain any existing sanitarylandfill regardless of whether it is owned by a municipality or privatelyowned. Notwithstanding the provisions of title 23, the corporation shall not beempowered to order a municipality which owns a sanitary landfill to acceptsolid waste from any other person or municipality nor shall the corporation beempowered to order a municipality which owns and operates an existing sanitarylandfill to dispose of its solid waste at any other solid waste disposalfacility.
(2) The necessity for the acquisition shall be conclusivelypresumed upon the adoption by the corporation of a resolution declaring thatthe acquisition of the land, or interest in the land, described in theresolution is necessary for construction or operation. Within six (6) monthsthereafter the corporation shall cause to be filed in the land evidence recordsof the city or town in which the land is located a copy of the resolution ofthe corporation, together with a description of the plat of the land orinterest in the land, and a statement, signed by the chairperson of thecorporation, that the land, or interest in the land, is taken pursuant to theprovisions of this chapter. Thereupon the corporation may file its applicationfor licensure with the director.
(3) The corporation shall file in the superior court in andfor the county in which the land or interest in the land lies, a statement ofthe sum of money estimated by the corporation to be just compensation for theland taken. Upon the filing of the copy of the resolution, plat, and statementin the land evidence records of the city or town, the filing in the superiorcourt of the statement, and the depositing in the superior court to the use ofthe persons entitled to it of the sum that the court shall determine to beamply sufficient to satisfy the claims of all persons interested in the land(and the court may, in its discretion, take evidence on the question todetermine the sum to be deposited), title to the land, or interest in the land,shall vest in the corporation in fee simple absolute and the corporationthereupon may take possession of the land or interest in the land.
(4) No sum so paid into the court shall be charged withclerk's fees of any nature. After the filing of the copy, plat, and statement,notice of the taking of the land, or interest therein, shall be served upon theowners of and persons having an estate in and interested in the land by thesheriff or his or her deputies of the county in which the land, or interesttherein, lies leaving a true and attested copy of the description and statementwith each of those persons personally, or at their last and usual place ofabode in this state with some person living there, and in case any of thosepersons are absent from this state and have no last and usual place of abodetherein occupied by any person, the copy shall be left with the persons, ifany, in charge of or having possession of the land, or interest in the land,taken of the absent persons if they are known to the officer; and after thefiling of the resolution, plat, and statement, the chairperson of thecorporation shall cause a copy of the resolution and statement to be publishedin some newspaper published or having general circulation in the county wherethe land, or interest in the land, may be located, at least once a week forthree (3) successive weeks. If any person shall agree with the corporation forthe price of the land, or interest in the land, so taken, the court upon theapplication of the parties in interest, may order that the sum agreed upon bepaid immediately from the money deposited, as the just compensation to beawarded in the proceeding.
(5) Any owner of or persons entitled to any estate in orinterested in any part of the land, or interest in the land, so taken, whocannot agree with the corporation for the price of the land, or interest in theland, so taken in which he or she is interested, may within three (3) monthsafter personal notice of the taking, or, if he or she have no personal notice,may within one year from the first publication of the copy of the resolutionand statement, apply by petition to the superior court in and for the county inwhich the land, or interest in the land, lies, setting forth the taking of hisor her land or interest in the land, and praying for an assessment of damagesby a jury. Upon filing of the petition the court shall cause twenty (20) days'notice of the pendency of the petition to be given to the corporation byserving the chairperson of the corporation with a certified copy, and mayproceed after the notice to the trial of the petition; and the trial shalldetermine all questions of fact relating to the value of the land, or interestin the land, and the amount, and judgment shall be entered upon the verdict ofthe jury and execution of judgment shall be issued against the money sodeposited in court and in default against any other property of thecorporation. In case two (2) or more conflicting petitioners make claim to thesame land, or to any interests in the land, or to different interest in thesame parcel of land, the court upon motion shall consolidate their severalpetitions for trial at the same time by the same jury, and may frame allnecessary issues for the trial; and all proceedings taken pursuant to theprovisions of this chapter shall take precedence over all other civil mattersthen pending before the court, or if the superior court in and for the countyin which the land, or interest in the land, lies, is not in session in thecounty, then the petitions may be heard in the superior court for the countiesof Providence and Bristol.
(6) If any land, or interest in the land, in which any minoror other person not capable in law to act in his or her own behalf isinterested, are taken by the corporation, the superior court, upon the filingof a petition by or in behalf of the minor or other person, may appoint aguardian ad litem for the minor or other person, and the guardian may appearand be heard in behalf of the minor or other person; and the guardian may alsowith the advice and consent of the superior court and upon terms that thesuperior court may prescribe release to the corporation all claims for damagesfor the lands of the minor or other person or for any interests in the lands.Any lawfully appointed, qualified, and acting guardian or other fiduciary ofthe estate of the minor or other person, with the approval of the court ofprobate within this state having jurisdiction to authorize the sale of landsand properties within this state of the minor or other person, may, before thefiling of the petition, agree with the corporation upon the amount of damagessuffered by the minor or other person by any taking of his or her lands or ofhis or her interests in any lands, and may, upon receiving that amount, releaseto the corporation all claims of damages of the minor or other person for thetaking.
(7) Whenever, from time to time the corporation has satisfiedthe court that the amount deposited with the court is greater than is amplysufficient to satisfy the claims of all persons interested in the land, thecourt may order that the amount of the excess including any interest orincrement on any sums so deposited shall be repaid to the corporation. Wheneverthe corporation has satisfied the court that the claims of all personsinterested in the land taken have been satisfied, the unexpended balanceincluding any interest of increment on any sums so deposited shall be paidimmediately to the corporation.
(8) In any proceedings for the assessment of compensation anddamages for land or interest in the land taken or to be taken by eminent domainby the corporation the following provisions shall be applicable:
(i) At any time during the pendency of the action orproceeding, the corporation or an owner may apply to the court for an orderdirecting an owner or the corporation, as the case may be, to show cause whyfurther proceedings should not be expedited, and the court may upon theapplication make an order requiring that the hearings proceed and that anyother steps be taken with all possible expedition.
(ii) If any of the land, or interest in the land, is devotedto a public use, except as provided in subsection (c)(1) it may nevertheless beacquired, and the taking shall be effective provided that no land, or interestin the land, belonging to a public utility corporation may be acquired withoutthe approval of the public utilities administrator or other officer or tribunalhaving regulatory power over the corporation. Any land or interest in the landalready acquired by the corporation may nevertheless be included within thetaking for the purpose of acquiring any outstanding interests in the land.
(9) In addition to all of the proceedings and requirementsprovided by this section, the corporation shall further be required to followthe same statutory proceedings for the taking of land as required of stateagencies when those agencies take land under the authority granted by chapter 6of this title.
(10) The corporation is expressly prohibited from exercisingits powers of eminent domain as provided in this section for the purpose ofacquiring land to site additional landfills:
(i) In an attempt to circumvent the intent of any courtorders or consent agreements to which it is a party; and
(ii) Until such times as it develops a comprehensive plan forand enters into a binding agreement to establish a waste processingfacility(ies), as defined in § 23-19-5(22).
§ 23-19-10.2 Solid waste disposalfacilities – Sites – Eminent domain. – (a) The Rhode Island resource recovery corporation shall operate only thosepublic solid waste disposal facilities that shall comply with §23-18.9-9.1. Sites shall be selected after demonstration of maximizing the useof source reduction, reuse, recycling, flow control techniques, evaluation ofalternative sites, and assessment of comparative environmental impact at theproposed sites in accordance with law and state planning council regulationsand in their absence, the state planning council shall promulgate regulationsfor the evaluation and/or assessment, and distribution of location of sites forwaste facilities among the regions of the state. All proposed sites shall besubmitted to the state planning council which shall certify that each proposedsite conforms with the state guide plan; provided, however, that certificationshall not be granted prior to the publication of public notice and expirationof the public comment period regarding the proposed site, and, provided,further, that no municipality shall cause any act to be done after December 31,1988 which shall prohibit a solid waste disposal facility site within themunicipality.
(b) There shall be established a solid waste facilitiessiting board which shall be part of the department of administration whosemembers shall be designated by the governor as follows: the governor's legalcounsel; the director of the department of administration; a business orindustry representative; a member of the league of cities and towns; andenvironmental advocate.
(2) The corporation shall submit to the board a writtenreport that shall detail the need to acquire the land or an interest in theland by purchase or by the exercise of the power of eminent domain. The boardshall convene in a public forum following public notice and shall accept publiccomment. No later than thirty (30) days thereafter, the board shall submit tothe governor a transcript of the public comment and an advisory opinion on theneed to acquire the land or the interest in the land and, as applicable, on theneed to acquire the land or interest in the land by the exercise of the powerof eminent domain. The governor, in his or her discretion, may authorize thecorporation to acquire the land or the interest in the land by purchase or, asapplicable, by the exercise of the power of eminent domain; provided, however,that the corporation is prohibited from acquiring land or an interest in landby purchase or by condemnation for the operation of a solid waste disposalfacility without the prior written authorization of the governor.
(3) The director of the department of administration shallprovide suitable staff, clerical assistance, and office space to the board.
(c) Subject to the provisions in subsections (a) and (b), theRhode Island resource recovery corporation shall have the right to acquire anyland, or any interest therein, by the exercise of the power of eminent domain,whenever it shall be determined by the corporation that the acquisition of theland, or interest, is necessary for the construction or the operation of anysolid waste management facility. No municipal ordinance shall be enacted orapplied so as to prohibit the siting or the operation of a public solid wastedisposal facility within the municipality. Provided, however, the corporationshall not be entitled to acquire by eminent domain any existing sanitarylandfill regardless of whether it is owned by a municipality or privatelyowned. Notwithstanding the provisions of title 23, the corporation shall not beempowered to order a municipality which owns a sanitary landfill to acceptsolid waste from any other person or municipality nor shall the corporation beempowered to order a municipality which owns and operates an existing sanitarylandfill to dispose of its solid waste at any other solid waste disposalfacility.
(2) The necessity for the acquisition shall be conclusivelypresumed upon the adoption by the corporation of a resolution declaring thatthe acquisition of the land, or interest in the land, described in theresolution is necessary for construction or operation. Within six (6) monthsthereafter the corporation shall cause to be filed in the land evidence recordsof the city or town in which the land is located a copy of the resolution ofthe corporation, together with a description of the plat of the land orinterest in the land, and a statement, signed by the chairperson of thecorporation, that the land, or interest in the land, is taken pursuant to theprovisions of this chapter. Thereupon the corporation may file its applicationfor licensure with the director.
(3) The corporation shall file in the superior court in andfor the county in which the land or interest in the land lies, a statement ofthe sum of money estimated by the corporation to be just compensation for theland taken. Upon the filing of the copy of the resolution, plat, and statementin the land evidence records of the city or town, the filing in the superiorcourt of the statement, and the depositing in the superior court to the use ofthe persons entitled to it of the sum that the court shall determine to beamply sufficient to satisfy the claims of all persons interested in the land(and the court may, in its discretion, take evidence on the question todetermine the sum to be deposited), title to the land, or interest in the land,shall vest in the corporation in fee simple absolute and the corporationthereupon may take possession of the land or interest in the land.
(4) No sum so paid into the court shall be charged withclerk's fees of any nature. After the filing of the copy, plat, and statement,notice of the taking of the land, or interest therein, shall be served upon theowners of and persons having an estate in and interested in the land by thesheriff or his or her deputies of the county in which the land, or interesttherein, lies leaving a true and attested copy of the description and statementwith each of those persons personally, or at their last and usual place ofabode in this state with some person living there, and in case any of thosepersons are absent from this state and have no last and usual place of abodetherein occupied by any person, the copy shall be left with the persons, ifany, in charge of or having possession of the land, or interest in the land,taken of the absent persons if they are known to the officer; and after thefiling of the resolution, plat, and statement, the chairperson of thecorporation shall cause a copy of the resolution and statement to be publishedin some newspaper published or having general circulation in the county wherethe land, or interest in the land, may be located, at least once a week forthree (3) successive weeks. If any person shall agree with the corporation forthe price of the land, or interest in the land, so taken, the court upon theapplication of the parties in interest, may order that the sum agreed upon bepaid immediately from the money deposited, as the just compensation to beawarded in the proceeding.
(5) Any owner of or persons entitled to any estate in orinterested in any part of the land, or interest in the land, so taken, whocannot agree with the corporation for the price of the land, or interest in theland, so taken in which he or she is interested, may within three (3) monthsafter personal notice of the taking, or, if he or she have no personal notice,may within one year from the first publication of the copy of the resolutionand statement, apply by petition to the superior court in and for the county inwhich the land, or interest in the land, lies, setting forth the taking of hisor her land or interest in the land, and praying for an assessment of damagesby a jury. Upon filing of the petition the court shall cause twenty (20) days'notice of the pendency of the petition to be given to the corporation byserving the chairperson of the corporation with a certified copy, and mayproceed after the notice to the trial of the petition; and the trial shalldetermine all questions of fact relating to the value of the land, or interestin the land, and the amount, and judgment shall be entered upon the verdict ofthe jury and execution of judgment shall be issued against the money sodeposited in court and in default against any other property of thecorporation. In case two (2) or more conflicting petitioners make claim to thesame land, or to any interests in the land, or to different interest in thesame parcel of land, the court upon motion shall consolidate their severalpetitions for trial at the same time by the same jury, and may frame allnecessary issues for the trial; and all proceedings taken pursuant to theprovisions of this chapter shall take precedence over all other civil mattersthen pending before the court, or if the superior court in and for the countyin which the land, or interest in the land, lies, is not in session in thecounty, then the petitions may be heard in the superior court for the countiesof Providence and Bristol.
(6) If any land, or interest in the land, in which any minoror other person not capable in law to act in his or her own behalf isinterested, are taken by the corporation, the superior court, upon the filingof a petition by or in behalf of the minor or other person, may appoint aguardian ad litem for the minor or other person, and the guardian may appearand be heard in behalf of the minor or other person; and the guardian may alsowith the advice and consent of the superior court and upon terms that thesuperior court may prescribe release to the corporation all claims for damagesfor the lands of the minor or other person or for any interests in the lands.Any lawfully appointed, qualified, and acting guardian or other fiduciary ofthe estate of the minor or other person, with the approval of the court ofprobate within this state having jurisdiction to authorize the sale of landsand properties within this state of the minor or other person, may, before thefiling of the petition, agree with the corporation upon the amount of damagessuffered by the minor or other person by any taking of his or her lands or ofhis or her interests in any lands, and may, upon receiving that amount, releaseto the corporation all claims of damages of the minor or other person for thetaking.
(7) Whenever, from time to time the corporation has satisfiedthe court that the amount deposited with the court is greater than is amplysufficient to satisfy the claims of all persons interested in the land, thecourt may order that the amount of the excess including any interest orincrement on any sums so deposited shall be repaid to the corporation. Wheneverthe corporation has satisfied the court that the claims of all personsinterested in the land taken have been satisfied, the unexpended balanceincluding any interest of increment on any sums so deposited shall be paidimmediately to the corporation.
(8) In any proceedings for the assessment of compensation anddamages for land or interest in the land taken or to be taken by eminent domainby the corporation the following provisions shall be applicable:
(i) At any time during the pendency of the action orproceeding, the corporation or an owner may apply to the court for an orderdirecting an owner or the corporation, as the case may be, to show cause whyfurther proceedings should not be expedited, and the court may upon theapplication make an order requiring that the hearings proceed and that anyother steps be taken with all possible expedition.
(ii) If any of the land, or interest in the land, is devotedto a public use, except as provided in subsection (c)(1) it may nevertheless beacquired, and the taking shall be effective provided that no land, or interestin the land, belonging to a public utility corporation may be acquired withoutthe approval of the public utilities administrator or other officer or tribunalhaving regulatory power over the corporation. Any land or interest in the landalready acquired by the corporation may nevertheless be included within thetaking for the purpose of acquiring any outstanding interests in the land.
(9) In addition to all of the proceedings and requirementsprovided by this section, the corporation shall further be required to followthe same statutory proceedings for the taking of land as required of stateagencies when those agencies take land under the authority granted by chapter 6of this title.
(10) The corporation is expressly prohibited from exercisingits powers of eminent domain as provided in this section for the purpose ofacquiring land to site additional landfills:
(i) In an attempt to circumvent the intent of any courtorders or consent agreements to which it is a party; and
(ii) Until such times as it develops a comprehensive plan forand enters into a binding agreement to establish a waste processingfacility(ies), as defined in § 23-19-5(22).
