State Codes and Statutes

Statutes > Rhode-island > Title-45 > Chapter-45-48 > 45-48-7

SECTION 45-48-7

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

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

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

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

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

State Codes and Statutes

Statutes > Rhode-island > Title-45 > Chapter-45-48 > 45-48-7

SECTION 45-48-7

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

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

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

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

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


State Codes and Statutes

State Codes and Statutes

Statutes > Rhode-island > Title-45 > Chapter-45-48 > 45-48-7

SECTION 45-48-7

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

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

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

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

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