§ 45-48.1-8 Condemnation power. – (a) If for any of the purposes of this act, the district shall find itnecessary to acquire any real property, whether for immediate or future use,the district may find and determine that the property, whether a fee simpleabsolute or a lesser interest, is required for the acquisition, construction oroperation of a water supply facility, and upon that determination, the propertyshall be deemed to be required for public use until otherwise determined by thedistrict; and with the exceptions hereinafter specifically noted, thedetermination shall not be affected by the fact that the property hastheretofore been taken for, or is then devoted to, a public use; but the publicuse in the hands or under the control of the district shall be deemed superiorto the public use in the hands of any other person, association or corporation;provided further, however, that no real property or interest, estate or rightbelonging to the state shall be acquired without consent of the state; and noreal property or interest, estate or right belonging to any municipality shallbe acquired without the consent of the municipality.
(b) The district may proceed to acquire and is herebyauthorized to and may proceed to acquire property, whether a fee simpleabsolute or a lesser interest, by the exercise of the right of eminent domainin the manner prescribed in this act.
(c) Nothing in this section shall be construed to prohibitthe district from bringing any proceedings to remove a cloud on title or otherproceedings as it may, in its discretion, deem proper and necessary, or fromacquiring any property by negotiation or purchase.
(d) The necessity for the acquisition of property under thisact shall be conclusively presumed upon the adoption by the district of a votedetermining that the acquisition of property or any interest in propertydescribed in its vote is necessary for the acquisition, construction oroperation of a water supply facility. Within six (6) months after its passage,the district shall cause to be filed in the appropriate land evidence records acopy of its vote together with a statement signed by the chairperson ortreasurer of the district that the property is taken pursuant to this act, andalso a description of real property indicating the nature and extent of theestate or interest therein taken as aforesaid and a plat thereof, a copy of thevote and statement of the chairperson or treasurer shall be certified by thesecretary of the district and the description and plat shall be certified bythe city or town clerk for the city or town where the real property lies.
(e) Forthwith thereafter the district shall cause to be filedin the superior court in and for the county within which the real property liesa statement of the sum of money estimated to be just compensation for theproperty taken, and shall deposit in the superior court to the use of thepersons entitled thereto the sum set forth in the statement. The district shallsatisfy the court that the amount so deposited with the court is sufficient tosatisfy the just claims of all persons having an estate or interest in the realproperty. Whenever the district satisfies the court that the claims of allpersons interested in the real property taken have been satisfied, theunexpended balance shall be ordered repaid forthwith to the district.
(f) Upon the filing of the copy of the vote, statement,description and plat in the land evidence records and upon the making of thedeposit in accordance with the order of the superior court, title to the realproperty in fee simple absolute or such lesser estate or interest specified inthe resolution shall vest in the district, and the real property shall bedeemed to be condemned and taken for the use of the district and the right tojust compensation for the same shall vest in the persons entitled thereto, andthe district thereupon may take possession of the real property. No sum so paidinto the court shall be charged with clerks' fees of any nature.
(g) After the filing of the copy of the vote, statement,description and plat, notice of the taking of land or other real property shallbe served upon the owners or persons having any estate or interest in the realproperty by the sheriff or his or her deputies of the county in which the realestate is situated by leaving a true and attested copy of the vote, statement,description and plat with each of the persons personally, or at the last andusual place of abode in this state with some person living there, and in caseof any such persons absent from this state and have no last and usual place ofabode therein occupied by any person, the copy shall be left with the person orpersons, if any, in charge of, or having possession of the real property takenof such absent persons, and another copy thereof shall be mailed to the addressof such person, if the address is known to the officer serving the notice.
(h) After the filing of the vote, description and plat, thedistrict shall cause a copy of the vote and description to be published in somenewspaper having general circulation in the city or town in which the realproperty lies at least once a week for three (3) successive weeks.
(i) If any party shall agree with the district upon the priceto be paid for the value of the real property so taken and of appurtenantdamage to any remainder or for the value of his or her estate, right orinterest therein, the court, upon application of the parties in interest, mayorder that the sum agreed upon be paid forthwith from the money deposited, asthe just compensation to be awarded in the proceedings; provided, however, thatno payment shall be made to any official or employee of the district for anyproperty or interest therein acquired from such official or employee unless theamount of the payment is determined by the court to constitute justcompensation to be awarded in the proceedings.
(j) Any owner of, or person entitled to any estate or rightin, or interested in any part of the real property so taken, who cannot agreewith the district upon the price to be paid for his or her estate, right orinterest in the real property so taken and the appurtenant damage to theremainder, may, within three (3) months after personal notice of the taking, orif he or she has no personal notice, may within one year from the time the sumof money estimated to be just compensation is deposited in the superior courtto the use of the persons entitled thereto, apply by petition to the superiorcourt for the county in which the real property is situated, setting forth thetaking of his or her land, his or her estate or interest therein, and payingfor an assessment or damages by the court or by a jury. Upon the filing of thepetition, the court shall cause twenty (20) days' notice of the pendencythereof to be given to the district by serving the chairperson or treasurer ofthe district with a certified copy thereof.
(k) After the service of notice, the court may proceed totrial. The 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 thereal property, and any estate or interest therein, and the amount thereof andthe appurtenant damage to any remainder and the amount thereof, and the trialand decision or verdict of the court or jury shall be subject to all rights toexcept to rulings, to move for new trial, and to appeal, as are provided bylaw. Upon the entry of judgment in the proceedings, execution shall be issuedagainst the money so deposited in court and in default thereof against anyother property of the district.
(l) In case two (2) or more petitioners make claim to thesame real property, or to any estate or interest therein, or to differentestates or interests in the same real property, the court shall, upon motion,consolidate their several petitions for trial at the same time and may frameall necessary issues for the trial thereof.
(m) If any real property or any estate or interest inproperty or an estate, in which any infant or other person not capable in lawto act in his or her own behalf is interested, is taken under the provisions ofthis act, the superior court, upon the filing of a petition by or in behalf ofan infant or person or by the district may appoint a guardian ad litem for theinfant or other person. Guardians may, with the advice and consent of thesuperior court, and upon terms the superior court may prescribe, release to thedistrict all claims for damages for the land of the infant or other person orfor any estate or interest therein. Any lawfully appointed, qualified andacting guardian or other fiduciary of the estate of any infant or other person,with the approval of the court of probate within this state having jurisdictionto authorize the sale of lands and properties within this state of the infantor other person, may before the filing of any petition, agree with the infantor other person for any taking of his or her real property or of his or herinterest or estate, and may upon receiving the amount, release to the districtall claims for damages for the infant or other person for the taking.
(n) In case any owner of or any person having an estate orinterest in real property shall fail to file his or her petition as aboveprovided, the superior court for the county in which the real property issituated, in its discretion, may permit the filing of a petition within oneyear subsequent to the year following the time of the deposit in the superiorcourt of the sum of money estimated to be just compensation for the propertytaken; provided, the person shall have had no actual knowledge of the taking ofland in season to file the petition; and provided, no other person or personsclaiming to own the real property or estate or interest therein shall have beenpaid the value thereof; and provided, no judgment had been rendered against thedistrict for the payment of the value to any other person or persons claimingto own the real estate.
(o) In any real property or any estate or interest therein isunclaimed or held by a person or persons whose whereabouts are unknown, aftermaking inquiry satisfactory to the superior court for the county in which thereal property lies, the district, after the expiration of two (2) years fromthe first publication of the copy of the vote, statement and description, maypetition the court that the value of the estate or interest or the unknownperson or persons be determined. After notice by publication to the person orpersons as the court in its discretion may order, and after hearing on thepetition, the court shall fix the value of the estate or interest and shallorder the sum to be deposited in the registry of the court in a special accountto accumulate for the benefit of the person or persons, if any, entitledthereto. The receipt of the clerk of the superior court shall constitute adischarge of the district from all liability in connection with the taking.When the person entitled to the money deposited shall have satisfied thesuperior court of his or her right to receive the same, the court shall causeit to be paid over to him or her, with all accumulations thereon.
(p) The superior court shall have power to make orders withrespect to encumbrances, liens, taxes and other charges on the land, if any, asshall be just and equitable.
(q) Whenever in the opinion of the district a substantialsaving in the cost of acquiring title can be effected by conveying other realproperty, title to which is in the district, to the person or persons from whomthe estate or interest in real property is being purchased or taken, or by theconstruction or improvement by the district of any work or facility upon theremaining real property of the person or persons from whom the estate orinterest in real property is being purchased or taken, the district shall beand hereby is authorized to convey other real property to the person or personsfrom whom the estate or interest in real property is being purchased or takenand to construct or improve any work or facility upon the remaining land of theperson or persons.
(r) At any time during the pendency of any proceedings forthe assessment of damages for property or interests taken or to be taken byeminent domain by the district, the district or any owner may apply to thecourt for an order directing an owner or the district, as the case may be, toshow cause why further proceedings should not be expedited, and the court mayupon the application make an order requiring that the hearings proceed and thatany other steps be taken with all possible expedition.
§ 45-48.1-8 Condemnation power. – (a) If for any of the purposes of this act, the district shall find itnecessary to acquire any real property, whether for immediate or future use,the district may find and determine that the property, whether a fee simpleabsolute or a lesser interest, is required for the acquisition, construction oroperation of a water supply facility, and upon that determination, the propertyshall be deemed to be required for public use until otherwise determined by thedistrict; and with the exceptions hereinafter specifically noted, thedetermination shall not be affected by the fact that the property hastheretofore been taken for, or is then devoted to, a public use; but the publicuse in the hands or under the control of the district shall be deemed superiorto the public use in the hands of any other person, association or corporation;provided further, however, that no real property or interest, estate or rightbelonging to the state shall be acquired without consent of the state; and noreal property or interest, estate or right belonging to any municipality shallbe acquired without the consent of the municipality.
(b) The district may proceed to acquire and is herebyauthorized to and may proceed to acquire property, whether a fee simpleabsolute or a lesser interest, by the exercise of the right of eminent domainin the manner prescribed in this act.
(c) Nothing in this section shall be construed to prohibitthe district from bringing any proceedings to remove a cloud on title or otherproceedings as it may, in its discretion, deem proper and necessary, or fromacquiring any property by negotiation or purchase.
(d) The necessity for the acquisition of property under thisact shall be conclusively presumed upon the adoption by the district of a votedetermining that the acquisition of property or any interest in propertydescribed in its vote is necessary for the acquisition, construction oroperation of a water supply facility. Within six (6) months after its passage,the district shall cause to be filed in the appropriate land evidence records acopy of its vote together with a statement signed by the chairperson ortreasurer of the district that the property is taken pursuant to this act, andalso a description of real property indicating the nature and extent of theestate or interest therein taken as aforesaid and a plat thereof, a copy of thevote and statement of the chairperson or treasurer shall be certified by thesecretary of the district and the description and plat shall be certified bythe city or town clerk for the city or town where the real property lies.
(e) Forthwith thereafter the district shall cause to be filedin the superior court in and for the county within which the real property liesa statement of the sum of money estimated to be just compensation for theproperty taken, and shall deposit in the superior court to the use of thepersons entitled thereto the sum set forth in the statement. The district shallsatisfy the court that the amount so deposited with the court is sufficient tosatisfy the just claims of all persons having an estate or interest in the realproperty. Whenever the district satisfies the court that the claims of allpersons interested in the real property taken have been satisfied, theunexpended balance shall be ordered repaid forthwith to the district.
(f) Upon the filing of the copy of the vote, statement,description and plat in the land evidence records and upon the making of thedeposit in accordance with the order of the superior court, title to the realproperty in fee simple absolute or such lesser estate or interest specified inthe resolution shall vest in the district, and the real property shall bedeemed to be condemned and taken for the use of the district and the right tojust compensation for the same shall vest in the persons entitled thereto, andthe district thereupon may take possession of the real property. No sum so paidinto the court shall be charged with clerks' fees of any nature.
(g) After the filing of the copy of the vote, statement,description and plat, notice of the taking of land or other real property shallbe served upon the owners or persons having any estate or interest in the realproperty by the sheriff or his or her deputies of the county in which the realestate is situated by leaving a true and attested copy of the vote, statement,description and plat with each of the persons personally, or at the last andusual place of abode in this state with some person living there, and in caseof any such persons absent from this state and have no last and usual place ofabode therein occupied by any person, the copy shall be left with the person orpersons, if any, in charge of, or having possession of the real property takenof such absent persons, and another copy thereof shall be mailed to the addressof such person, if the address is known to the officer serving the notice.
(h) After the filing of the vote, description and plat, thedistrict shall cause a copy of the vote and description to be published in somenewspaper having general circulation in the city or town in which the realproperty lies at least once a week for three (3) successive weeks.
(i) If any party shall agree with the district upon the priceto be paid for the value of the real property so taken and of appurtenantdamage to any remainder or for the value of his or her estate, right orinterest therein, the court, upon application of the parties in interest, mayorder that the sum agreed upon be paid forthwith from the money deposited, asthe just compensation to be awarded in the proceedings; provided, however, thatno payment shall be made to any official or employee of the district for anyproperty or interest therein acquired from such official or employee unless theamount of the payment is determined by the court to constitute justcompensation to be awarded in the proceedings.
(j) Any owner of, or person entitled to any estate or rightin, or interested in any part of the real property so taken, who cannot agreewith the district upon the price to be paid for his or her estate, right orinterest in the real property so taken and the appurtenant damage to theremainder, may, within three (3) months after personal notice of the taking, orif he or she has no personal notice, may within one year from the time the sumof money estimated to be just compensation is deposited in the superior courtto the use of the persons entitled thereto, apply by petition to the superiorcourt for the county in which the real property is situated, setting forth thetaking of his or her land, his or her estate or interest therein, and payingfor an assessment or damages by the court or by a jury. Upon the filing of thepetition, the court shall cause twenty (20) days' notice of the pendencythereof to be given to the district by serving the chairperson or treasurer ofthe district with a certified copy thereof.
(k) After the service of notice, the court may proceed totrial. The 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 thereal property, and any estate or interest therein, and the amount thereof andthe appurtenant damage to any remainder and the amount thereof, and the trialand decision or verdict of the court or jury shall be subject to all rights toexcept to rulings, to move for new trial, and to appeal, as are provided bylaw. Upon the entry of judgment in the proceedings, execution shall be issuedagainst the money so deposited in court and in default thereof against anyother property of the district.
(l) In case two (2) or more petitioners make claim to thesame real property, or to any estate or interest therein, or to differentestates or interests in the same real property, the court shall, upon motion,consolidate their several petitions for trial at the same time and may frameall necessary issues for the trial thereof.
(m) If any real property or any estate or interest inproperty or an estate, in which any infant or other person not capable in lawto act in his or her own behalf is interested, is taken under the provisions ofthis act, the superior court, upon the filing of a petition by or in behalf ofan infant or person or by the district may appoint a guardian ad litem for theinfant or other person. Guardians may, with the advice and consent of thesuperior court, and upon terms the superior court may prescribe, release to thedistrict all claims for damages for the land of the infant or other person orfor any estate or interest therein. Any lawfully appointed, qualified andacting guardian or other fiduciary of the estate of any infant or other person,with the approval of the court of probate within this state having jurisdictionto authorize the sale of lands and properties within this state of the infantor other person, may before the filing of any petition, agree with the infantor other person for any taking of his or her real property or of his or herinterest or estate, and may upon receiving the amount, release to the districtall claims for damages for the infant or other person for the taking.
(n) In case any owner of or any person having an estate orinterest in real property shall fail to file his or her petition as aboveprovided, the superior court for the county in which the real property issituated, in its discretion, may permit the filing of a petition within oneyear subsequent to the year following the time of the deposit in the superiorcourt of the sum of money estimated to be just compensation for the propertytaken; provided, the person shall have had no actual knowledge of the taking ofland in season to file the petition; and provided, no other person or personsclaiming to own the real property or estate or interest therein shall have beenpaid the value thereof; and provided, no judgment had been rendered against thedistrict for the payment of the value to any other person or persons claimingto own the real estate.
(o) In any real property or any estate or interest therein isunclaimed or held by a person or persons whose whereabouts are unknown, aftermaking inquiry satisfactory to the superior court for the county in which thereal property lies, the district, after the expiration of two (2) years fromthe first publication of the copy of the vote, statement and description, maypetition the court that the value of the estate or interest or the unknownperson or persons be determined. After notice by publication to the person orpersons as the court in its discretion may order, and after hearing on thepetition, the court shall fix the value of the estate or interest and shallorder the sum to be deposited in the registry of the court in a special accountto accumulate for the benefit of the person or persons, if any, entitledthereto. The receipt of the clerk of the superior court shall constitute adischarge of the district from all liability in connection with the taking.When the person entitled to the money deposited shall have satisfied thesuperior court of his or her right to receive the same, the court shall causeit to be paid over to him or her, with all accumulations thereon.
(p) The superior court shall have power to make orders withrespect to encumbrances, liens, taxes and other charges on the land, if any, asshall be just and equitable.
(q) Whenever in the opinion of the district a substantialsaving in the cost of acquiring title can be effected by conveying other realproperty, title to which is in the district, to the person or persons from whomthe estate or interest in real property is being purchased or taken, or by theconstruction or improvement by the district of any work or facility upon theremaining real property of the person or persons from whom the estate orinterest in real property is being purchased or taken, the district shall beand hereby is authorized to convey other real property to the person or personsfrom whom the estate or interest in real property is being purchased or takenand to construct or improve any work or facility upon the remaining land of theperson or persons.
(r) At any time during the pendency of any proceedings forthe assessment of damages for property or interests taken or to be taken byeminent domain by the district, the district or any owner may apply to thecourt for an order directing an owner or the district, as the case may be, toshow cause why further proceedings should not be expedited, and the court mayupon the application make an order requiring that the hearings proceed and thatany other steps be taken with all possible expedition.
§ 45-48.1-8 Condemnation power. – (a) If for any of the purposes of this act, the district shall find itnecessary to acquire any real property, whether for immediate or future use,the district may find and determine that the property, whether a fee simpleabsolute or a lesser interest, is required for the acquisition, construction oroperation of a water supply facility, and upon that determination, the propertyshall be deemed to be required for public use until otherwise determined by thedistrict; and with the exceptions hereinafter specifically noted, thedetermination shall not be affected by the fact that the property hastheretofore been taken for, or is then devoted to, a public use; but the publicuse in the hands or under the control of the district shall be deemed superiorto the public use in the hands of any other person, association or corporation;provided further, however, that no real property or interest, estate or rightbelonging to the state shall be acquired without consent of the state; and noreal property or interest, estate or right belonging to any municipality shallbe acquired without the consent of the municipality.
(b) The district may proceed to acquire and is herebyauthorized to and may proceed to acquire property, whether a fee simpleabsolute or a lesser interest, by the exercise of the right of eminent domainin the manner prescribed in this act.
(c) Nothing in this section shall be construed to prohibitthe district from bringing any proceedings to remove a cloud on title or otherproceedings as it may, in its discretion, deem proper and necessary, or fromacquiring any property by negotiation or purchase.
(d) The necessity for the acquisition of property under thisact shall be conclusively presumed upon the adoption by the district of a votedetermining that the acquisition of property or any interest in propertydescribed in its vote is necessary for the acquisition, construction oroperation of a water supply facility. Within six (6) months after its passage,the district shall cause to be filed in the appropriate land evidence records acopy of its vote together with a statement signed by the chairperson ortreasurer of the district that the property is taken pursuant to this act, andalso a description of real property indicating the nature and extent of theestate or interest therein taken as aforesaid and a plat thereof, a copy of thevote and statement of the chairperson or treasurer shall be certified by thesecretary of the district and the description and plat shall be certified bythe city or town clerk for the city or town where the real property lies.
(e) Forthwith thereafter the district shall cause to be filedin the superior court in and for the county within which the real property liesa statement of the sum of money estimated to be just compensation for theproperty taken, and shall deposit in the superior court to the use of thepersons entitled thereto the sum set forth in the statement. The district shallsatisfy the court that the amount so deposited with the court is sufficient tosatisfy the just claims of all persons having an estate or interest in the realproperty. Whenever the district satisfies the court that the claims of allpersons interested in the real property taken have been satisfied, theunexpended balance shall be ordered repaid forthwith to the district.
(f) Upon the filing of the copy of the vote, statement,description and plat in the land evidence records and upon the making of thedeposit in accordance with the order of the superior court, title to the realproperty in fee simple absolute or such lesser estate or interest specified inthe resolution shall vest in the district, and the real property shall bedeemed to be condemned and taken for the use of the district and the right tojust compensation for the same shall vest in the persons entitled thereto, andthe district thereupon may take possession of the real property. No sum so paidinto the court shall be charged with clerks' fees of any nature.
(g) After the filing of the copy of the vote, statement,description and plat, notice of the taking of land or other real property shallbe served upon the owners or persons having any estate or interest in the realproperty by the sheriff or his or her deputies of the county in which the realestate is situated by leaving a true and attested copy of the vote, statement,description and plat with each of the persons personally, or at the last andusual place of abode in this state with some person living there, and in caseof any such persons absent from this state and have no last and usual place ofabode therein occupied by any person, the copy shall be left with the person orpersons, if any, in charge of, or having possession of the real property takenof such absent persons, and another copy thereof shall be mailed to the addressof such person, if the address is known to the officer serving the notice.
(h) After the filing of the vote, description and plat, thedistrict shall cause a copy of the vote and description to be published in somenewspaper having general circulation in the city or town in which the realproperty lies at least once a week for three (3) successive weeks.
(i) If any party shall agree with the district upon the priceto be paid for the value of the real property so taken and of appurtenantdamage to any remainder or for the value of his or her estate, right orinterest therein, the court, upon application of the parties in interest, mayorder that the sum agreed upon be paid forthwith from the money deposited, asthe just compensation to be awarded in the proceedings; provided, however, thatno payment shall be made to any official or employee of the district for anyproperty or interest therein acquired from such official or employee unless theamount of the payment is determined by the court to constitute justcompensation to be awarded in the proceedings.
(j) Any owner of, or person entitled to any estate or rightin, or interested in any part of the real property so taken, who cannot agreewith the district upon the price to be paid for his or her estate, right orinterest in the real property so taken and the appurtenant damage to theremainder, may, within three (3) months after personal notice of the taking, orif he or she has no personal notice, may within one year from the time the sumof money estimated to be just compensation is deposited in the superior courtto the use of the persons entitled thereto, apply by petition to the superiorcourt for the county in which the real property is situated, setting forth thetaking of his or her land, his or her estate or interest therein, and payingfor an assessment or damages by the court or by a jury. Upon the filing of thepetition, the court shall cause twenty (20) days' notice of the pendencythereof to be given to the district by serving the chairperson or treasurer ofthe district with a certified copy thereof.
(k) After the service of notice, the court may proceed totrial. The 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 thereal property, and any estate or interest therein, and the amount thereof andthe appurtenant damage to any remainder and the amount thereof, and the trialand decision or verdict of the court or jury shall be subject to all rights toexcept to rulings, to move for new trial, and to appeal, as are provided bylaw. Upon the entry of judgment in the proceedings, execution shall be issuedagainst the money so deposited in court and in default thereof against anyother property of the district.
(l) In case two (2) or more petitioners make claim to thesame real property, or to any estate or interest therein, or to differentestates or interests in the same real property, the court shall, upon motion,consolidate their several petitions for trial at the same time and may frameall necessary issues for the trial thereof.
(m) If any real property or any estate or interest inproperty or an estate, in which any infant or other person not capable in lawto act in his or her own behalf is interested, is taken under the provisions ofthis act, the superior court, upon the filing of a petition by or in behalf ofan infant or person or by the district may appoint a guardian ad litem for theinfant or other person. Guardians may, with the advice and consent of thesuperior court, and upon terms the superior court may prescribe, release to thedistrict all claims for damages for the land of the infant or other person orfor any estate or interest therein. Any lawfully appointed, qualified andacting guardian or other fiduciary of the estate of any infant or other person,with the approval of the court of probate within this state having jurisdictionto authorize the sale of lands and properties within this state of the infantor other person, may before the filing of any petition, agree with the infantor other person for any taking of his or her real property or of his or herinterest or estate, and may upon receiving the amount, release to the districtall claims for damages for the infant or other person for the taking.
(n) In case any owner of or any person having an estate orinterest in real property shall fail to file his or her petition as aboveprovided, the superior court for the county in which the real property issituated, in its discretion, may permit the filing of a petition within oneyear subsequent to the year following the time of the deposit in the superiorcourt of the sum of money estimated to be just compensation for the propertytaken; provided, the person shall have had no actual knowledge of the taking ofland in season to file the petition; and provided, no other person or personsclaiming to own the real property or estate or interest therein shall have beenpaid the value thereof; and provided, no judgment had been rendered against thedistrict for the payment of the value to any other person or persons claimingto own the real estate.
(o) In any real property or any estate or interest therein isunclaimed or held by a person or persons whose whereabouts are unknown, aftermaking inquiry satisfactory to the superior court for the county in which thereal property lies, the district, after the expiration of two (2) years fromthe first publication of the copy of the vote, statement and description, maypetition the court that the value of the estate or interest or the unknownperson or persons be determined. After notice by publication to the person orpersons as the court in its discretion may order, and after hearing on thepetition, the court shall fix the value of the estate or interest and shallorder the sum to be deposited in the registry of the court in a special accountto accumulate for the benefit of the person or persons, if any, entitledthereto. The receipt of the clerk of the superior court shall constitute adischarge of the district from all liability in connection with the taking.When the person entitled to the money deposited shall have satisfied thesuperior court of his or her right to receive the same, the court shall causeit to be paid over to him or her, with all accumulations thereon.
(p) The superior court shall have power to make orders withrespect to encumbrances, liens, taxes and other charges on the land, if any, asshall be just and equitable.
(q) Whenever in the opinion of the district a substantialsaving in the cost of acquiring title can be effected by conveying other realproperty, title to which is in the district, to the person or persons from whomthe estate or interest in real property is being purchased or taken, or by theconstruction or improvement by the district of any work or facility upon theremaining real property of the person or persons from whom the estate orinterest in real property is being purchased or taken, the district shall beand hereby is authorized to convey other real property to the person or personsfrom whom the estate or interest in real property is being purchased or takenand to construct or improve any work or facility upon the remaining land of theperson or persons.
(r) At any time during the pendency of any proceedings forthe assessment of damages for property or interests taken or to be taken byeminent domain by the district, the district or any owner may apply to thecourt for an order directing an owner or the district, as the case may be, toshow cause why further proceedings should not be expedited, and the court mayupon the application make an order requiring that the hearings proceed and thatany other steps be taken with all possible expedition.
