State Codes and Statutes

Statutes > Rhode-island > Title-46 > Chapter-46-25 > 46-25-24-1

SECTION 46-25-24.1

   § 46-25-24.1  Notice of entry. – Authorized agents and employees of the commission may enter upon any lands,waters and premises in the district for the purpose of making surveys,soundings, test pits, drillings, borings and examinations as the commission maydeem necessary for the purposes of the Narragansett Bay water qualitymanagement district commission, and such entry shall not be deemed a trespass,nor shall an entry for such purposes be deemed an entry under any condemnationproceedings which may be then pending. The commission shall give at leastfifteen (15) days notice of its intent to enter such lands, waters or premisesto the record owner(s) of the property and to the municipality wherein theproperty lies, and shall state in that notice the amount it proposes to pay asjust compensation for such entry. Following such entry, the commission shallpay the amount of compensation previously proposed, and restore the property toits prior condition or shall reimburse the owner for any actual damageresulting to such lands, waters and premises as a result of such activities. Ifthe owner of said lands believes that the amount paid is insufficient toprovide just compensation, the owner may petition to the superior court to havethe amount increased. The provisions of this section shall in no way expand thepowers of the commission to take any of the properties investigated by eminentdomain. Amounts to be paid as just compensation pursuant to this section shallbe set by the commission in accordance with § 42-35-1 et seq.

State Codes and Statutes

Statutes > Rhode-island > Title-46 > Chapter-46-25 > 46-25-24-1

SECTION 46-25-24.1

   § 46-25-24.1  Notice of entry. – Authorized agents and employees of the commission may enter upon any lands,waters and premises in the district for the purpose of making surveys,soundings, test pits, drillings, borings and examinations as the commission maydeem necessary for the purposes of the Narragansett Bay water qualitymanagement district commission, and such entry shall not be deemed a trespass,nor shall an entry for such purposes be deemed an entry under any condemnationproceedings which may be then pending. The commission shall give at leastfifteen (15) days notice of its intent to enter such lands, waters or premisesto the record owner(s) of the property and to the municipality wherein theproperty lies, and shall state in that notice the amount it proposes to pay asjust compensation for such entry. Following such entry, the commission shallpay the amount of compensation previously proposed, and restore the property toits prior condition or shall reimburse the owner for any actual damageresulting to such lands, waters and premises as a result of such activities. Ifthe owner of said lands believes that the amount paid is insufficient toprovide just compensation, the owner may petition to the superior court to havethe amount increased. The provisions of this section shall in no way expand thepowers of the commission to take any of the properties investigated by eminentdomain. Amounts to be paid as just compensation pursuant to this section shallbe set by the commission in accordance with § 42-35-1 et seq.


State Codes and Statutes

State Codes and Statutes

Statutes > Rhode-island > Title-46 > Chapter-46-25 > 46-25-24-1

SECTION 46-25-24.1

   § 46-25-24.1  Notice of entry. – Authorized agents and employees of the commission may enter upon any lands,waters and premises in the district for the purpose of making surveys,soundings, test pits, drillings, borings and examinations as the commission maydeem necessary for the purposes of the Narragansett Bay water qualitymanagement district commission, and such entry shall not be deemed a trespass,nor shall an entry for such purposes be deemed an entry under any condemnationproceedings which may be then pending. The commission shall give at leastfifteen (15) days notice of its intent to enter such lands, waters or premisesto the record owner(s) of the property and to the municipality wherein theproperty lies, and shall state in that notice the amount it proposes to pay asjust compensation for such entry. Following such entry, the commission shallpay the amount of compensation previously proposed, and restore the property toits prior condition or shall reimburse the owner for any actual damageresulting to such lands, waters and premises as a result of such activities. Ifthe owner of said lands believes that the amount paid is insufficient toprovide just compensation, the owner may petition to the superior court to havethe amount increased. The provisions of this section shall in no way expand thepowers of the commission to take any of the properties investigated by eminentdomain. Amounts to be paid as just compensation pursuant to this section shallbe set by the commission in accordance with § 42-35-1 et seq.