2009 -- S 0685 AS AMENDED

=======

LC01972

=======

STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2009

____________

A N A C T

TO AUTHORIZE THE TOWN OF NORTH PROVIDENCE TO TAKE LAND BY EMINENT

DOMAIN

     

     

     Introduced By: Senators E O`Neill, Ruggerio, and Ciccone

     Date Introduced: February 26, 2009

     Referred To: Senate Judiciary

It is enacted by the General Assembly as follows:

1-1

     SECTION 1. Pursuant to Article VI, Section 19 of the Constitution of the State of Rhode

1-2

Island, the Town of North Providence is hereby authorized to take by eminent domain that certain

1-3

parcel of real estate comprised of approximately fifteen (15) acres adjacent to Governor John A.

1-4

Notte, Jr. Park, and described as Lot 852 on the Town of North Providence Tax Assessor's Plat 22

1-5

or however said parcel may be more particularly described of record, provided that the property

1-6

shall be used only for passive recreation, for "open space" within the definition of section 45-36-

1-7

1, and for its present use as a not-for-profit seasonal camp.

1-8

     SECTION 2. The procedure for said taking, and for assessment of damages, shall follow

1-9

(insofar as otherwise applicable) the procedure set forth in Chapter 9 of Title 16 of the General

1-10

Laws, with the exception that the North Providence Town Council shall fulfill the functions

1-11

assigned in said Chapter 9 of Title 16 to the "School Committee".

1-12

     SECTION 3. For purposes of the procedure set forth in Chapter 9, Title 16 of the Rhode

1-13

Island General Laws, the resolution provided by the North Providence Town Council to the

1-14

General Assembly in support of this legislation shall not be considered the vote required by

1-15

Rhode Island General Laws section 16-9-6 for the taking. Said taking shall require a second vote

1-16

by the North Providence Town Council pursuant to section 16-9-6, after an appropriate hearing

1-17

and notice.

2-1

     SECTION 4. This act shall take effect upon passage.

     

=======

LC01972

========

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

TO AUTHORIZE THE TOWN OF NORTH PROVIDENCE TO TAKE LAND BY EMINENT

DOMAIN

***

3-1

     This act would authorize the Town of North Providence to take by eminent domain the

3-2

parcel. Prescribed as lot 852 of North Providence Tax Assessors Plat 22 or however described.

3-3

The procedure for the taking would be the same as is prescribed for takings for school purposes

3-4

(insofar as otherwise applicable) under Chapter 9 of Title 16.

3-5

     This act would take effect upon passage.

     

=======

LC01972

=======

S0685