State Codes and Statutes
Statutes > Rhode-island > Title-46 > Chapter-46-5 > 46-5-6SECTION 46-5-6
§ 46-5-6 Jury assessment of damages –Consolidation of claims for trial. – Any owner or person who cannot agree with the department of environmentalmanagement to the price for his or her estate or interest in any such land may,within six (6) months after personal notice of the taking, or if he or she hashad no personal notice, within one year from the filing of the description,plat, and statement, apply by petition to the superior court for one of thecounties in which the land is located, setting forth the taking of his or herland or his or her estate or interest in such land and praying for anassessment of damages by a jury. Upon the filing of the petition, the courtshall cause twenty (20) days' notice of the pendency thereof to be given to thedepartment of environmental management by serving its director with a certifiedcopy thereof, and, thereafterwards, the cause shall be conducted as other civilactions of law are tried including the right to except rulings, to move for anew trial and prosecute an appeal, and, upon recovery of final judgmenttherein, execution shall be issued therefor and shall forthwith be paid by thegeneral treasurer out of the funds appropriated and available therefor, but theverdict and the judgment entered thereon shall not include any item of interestfor any period during which such land is actually occupied or enjoyed by theowner or owners thereof. In case two (2) or more petitioners make claim to thesame land or to any estate or interest therein or to different estates orinterests in the same parcel of land, the court shall, upon motion, consolidatetheir several petitions for trial and frame all necessary issues therefor.
