It is enacted by the General Assembly as follows:

SECTION 1. {ADD The Kent County Water Authority hereinafter "The Authority" is hereby authorized in the manner hereinafter provided to acquire by condemnation any lands, improved or unimproved, and any estates, easements rights and interests, in any lands, waters and water rights which are included within the area of Mishnock Swamp, so called, as described below, within the Town of Coventry, which the authority deems necessary for protecting and preserving the water supply from pollution and from the deposit therein of any matters which would reduce the quality or value of any such waters as a potable water supply, and for filtration and other works for treating such water supply. The authority may take any such lands in fee simple or any estate, easement, right or interest in any such land, waters or water rights absolutely.

Upon the passage of this act, said plat shall be kept on file in the office of the town clerk of the Town of Coventry. The boundary line enclosing said are is described as follows: ADD}

{ADD LOT 8, MAP 2, COVENTRY, R.I. ADD}

{ADD Beginning at a granite bound along the westerly property line, said bound being at the northeasterly corner of land now of the Kent Count Water Authority (Authority), and said bound also being at the southeasterly corner of land now or formerly of Leisure Village, Inc.

Thence proceeding in a northeasterly direction bounded northwesterly by land of the mentioned Leisure Village, Inc. a distance of 191.65 feet to the northeasterly corner of the herein described parcel of land now or formerly of Betty Jane Owen,

Thence turning an interior angle of 119 degrees 06' 39" and proceeding in an easterly direction, bounded northerly by land of said Owen a distance of 2,597 more or less feet to the edge of the Mishnock River,

Thence continuing generally in a southerly and southwesterly direction, along the westerly line of said Mishnock River a distance of 1,225 more or less feet to the southeasterly corner of the herein described parcel, said point also being a point on the westerly bank of said River, and said point also being at the northeasterly corner of land now or formerly of David Pierce and others,

Thence proceeding in a westerly direction 30 more or less feet to an iron pipe,

Thence continuing in a westerly direction a distance of 1,417.37 feet to a stone bound,

Thence turning an interior angle of 179 degrees 59' 10" and proceeding in a westerly direction a distance of 494.23 feet to a stone bound,

Said last three courses being bounded southerly by land now or formerly of David Pierce and others,

Thence turning an interior angle of 178 degrees 24' 41" and continuing in a westerly direction bounded southerly by land now or formerly of Betty Jane Northrup Owen a distance of 216.92 feet to a granite bound at the southwesterly corner of the herein described parcel of land of the Authority,

Thence turning an interior angle of 35 degrees 05' 01" and proceeding northeasterly bounded northwesterly by land of the Authority a distance of 155.93 feet to a point,

Thence turning an interior angle of 205 degrees 53' 21" and continuing in a northeasterly direction, bounded northwesterly by land of the Authority a distance of 562.61 feet to the granite bound at the point and place of beginning, there forming an interior angle of 180 degrees 00' 00" with the first described course.

Said parcel contains 41.70 more or less acres of land.

Said parcel being that same parcel of land described in a deed conveying land of Benjamin B. Meady of Coventry to Suzanne Meady Harrall, Trustee and recorded in the town of Coventry Land Evidence Records Deed Book 377 page 163.

Said parcel of land is also delineated as Map 2, Lot 8 (formerly portions of Lots 5, 6, and 7 of the Mishnock (Mishnock Swamp Lots) on a plan entitled "Survey of Land in Coventry and West Greenwich for Kent County Water Authority, Map 2, Lots 6, 8, 9, 10, 11; Map 3, Lots 1.1, 1.2, 2 in Coventry, Rhode Island, Date: 1/20/95, Scale: 1"=250' by Geiser Engineering Corporation, Consulting Engineers, 227 Wampanoag Trail, Riverside, RI 02915, Revised 2/15/95"; and upon such determination, the said property shall be deemed to be required for such public use until otherwise determined by the authority; and with the exceptions hereinafter specifically noted, the said determination shall not be affected by the fact that such property has theretofore been taken for, or is then devoted to, a public use; but the public use in the hands or under the control of the authority shall be deemed superior to the public use in the hands of any other person, association or corporation; provided further, however, that no real property or interest, estate or right therein belonging to the state shall be acquired without consent of the state; and no real property or interest, estate or right therein belonging to any municipality shall be acquired without the consent of such municipality. ADD}

SECTION 2. {ADD The authority may proceed to acquire and is hereby authorized to and may proceed to acquire such property, whether a fee simple absolute or a lesser interest, by the exercise of the right of eminent domain in the manner prescribed in this act. ADD}

SECTION 3. {ADD Nothing herein contained shall be construed to prohibit the authority from bringing any proceedings to remove a cloud on title or such other proceedings as it may, in its discretion, deem proper and necessary, or from acquiring any such property by negotiation or purchase. ADD}

SECTION 4. {ADD The necessity for the acquisition of property under this act shall be conclusively presumed upon the adoption by the authority of a vote determining that the acquisition of such property or any interest therein described in such vote is necessary to assure and provide an adequate and sure water supply. Within six (6) months after its passage, the authority shall cause to be filed in the appropriate land evidence records a copy of its vote together with a statement signed by the chairman or vice-chairman of the authority that such property is taken pursuant to this act, and also a description of such real property indicating the nature and extent of the estate or interest therein taken as aforesaid and a plat thereof, which copy of the vote and statement of the chairman or vice-chairman shall be certified by the secretary of the authority and the description and plat shall be certified by the city or town clerk for the city or town within which the real property lies. ADD}

SECTION 5. {ADD Forthwith thereafter the authority shall cause to be filed in the superior court in and for the county within which the real property lies a statement of the sum of money estimated to be just compensation for the property taken, and shall deposit in said superior court to the use of the persons entitled thereto the sum set forth in such statement. The authority shall satisfy the court that the amount so deposited with the court is sufficient to satisfy the just claims of all person having an estate or interest in such real property. Whenever the authority satisfies the court that the claims of all persons interested in the real property taken have been satisfied, the unexpended balance shall be ordered repaid forthwith to the authority. ADD}

SECTION 6. {ADD Upon the filing of the copy of the vote, statement, description and plat in the land evidence records and upon the making of the deposit in accordance with the order of the superior court, title to said real property in fee simple absolute or such lesser estate or interest therein specified in said resolution shall vest in the authority, and said real property shall be deemed to be condemned and taken for the use of the authority and the right to just compensation for the same shall vest in the persons entitled thereto, and the authority thereupon may take possession of said real property. No sum so paid into the court shall be charged with clerks' fees of any nature. ADD}

SECTION 7. {ADD After the filing of the copy of the vote, statement, description and plat, notice of the taking of such land or other real property shall be served upon the owners or persons having any estate or interest in such real property by the sheriff or his deputies of the county in which the real estate is situated by leaving a true and attested copy of the vote, statement, description and plat with each of such persons personally, or at the last and usual place of abode in this state with some person living there, and in case any of such persons are absent, from this state and have no last and usual place of abode therein occupied by any person, such copy shall be left with the person or persons, if any, in charge of, or having possession of such real property taken of such absent persons, and another copy thereof shall be mailed to the address of such person, if the same is known to the officer serving such notice. ADD}

SECTION 8. {ADD After the filing of such vote, description and plat, the authority shall cause a copy of the vote and description to be published in some newspaper having general circulation in the city or town in which the real property lies at least once a week for three (3) successive weeks. ADD}

SECTION 9. {ADD If any party shall agree with the authority upon the price to be paid for the value of the real property so taken and of appurtenant damage to any remainder or for the value of his estate, right or interest therein, the court, upon application of the parties in interest, may order that the sum agreed upon be paid forthwith from the money deposited, as the just compensation to be awarded in said proceedings; provided, however, that no payment shall be made to any official or employee of the authority for any property or interest therein acquired from such official or employee unless the amount of such payment is determined by the court to constitute just compensation to be awarded in said proceedings. ADD}

SECTION 10. {ADD Any owner of, or person entitled to any estate or right in, or interested in any part of the real property so taken, who cannot agree with the authority upon the price to be paid for his estate, right or interest in such real property so taken and the appurtenant damage to the remainder, may, within three (3) months after personal notice of said taking, or if he has no personal notice, may within one (1) year from the time the sum of money estimated to be just compensation is deposited in the superior court to the use of the persons entitled thereto, apply by petition to the superior court for the county in which said real property is situated, setting forth the taking of his land or his estate or interest therein and paying for an assessment or damages by the court or by a jury. Upon the filing of such petition the court shall cause twenty (20) days' notice of the pendency thereof to be given to the authority by serving the chairman or vice chairman of the authority with a certified copy thereof. ADD}

SECTION 11. {ADD After the service of such notice the court may proceed to the trial thereof. Such trial shall be conducted as other civil actions at law are tried. Such trial shall determine all questions of fact relating to the value of such real property, and any estate or interest therein, and the amount thereof and the appurtenant damage to any reminder and the amount thereof, and such trial and decision or verdict of the court or jury shall be subject to all rights to except to rulings, to move for new trial, and to appeal, as are provided by law. Upon the entry of judgment in such proceedings execution shall be issued against the money so deposited in court and in default thereof against any other property of the authority. ADD}

SECTION 12. {ADD In case two (2) or more petitioners make claim to the same real property, or to any estate or interest therein, or to different estate or interests in the same real property, said court shall, upon motion, consolidate their several petitions for trial at the same time, and may frame all necessary issues for the trial thereof. ADD}

SECTION 13. {ADD If any real property or any estate or interest therein, in which any infant or other person not capable in law to act in his own behalf is interested, is taken under the provisions of this act, said superior court, upon the filing therein of a petition by or in behalf of such infant or person or by the authority may appoint a guardian ad litem for such infant or other person. Guardians may, with the advice and consent of said superior court, and upon such terms as said superior court may prescribe, release to the authority all claims for damages for the land of such infant or other person or for any such estate or interest therein. Any lawfully appointed, qualified and acting guardian or other fiduciary of the estate of any such infant or other person, with the approval of the court of probate within this state having jurisdiction to authorize the sale of lands and properties within this state of such infant or other person, may before the filing of any such petition, agree with such infant or other person for any taking of his real property or of his interest or estate therein, and may upon receiving such amount, release to the authority all claims for damages for such infant or other person for such taking. ADD}

SECTION 14. {ADD In case any owner of or any person having an estate or interest in such real property shall fail to file his petition as above provided, the superior court for the county in which the real property is situated, in its discretion, may permit the filing of such petition within one (1) year subsequent to the year following the time of the deposit in the superior court of the sum of money estimated to be just compensation for the property taken; provided, such person shall have had no actual knowledge of the taking of such land in season to file such petition; and provided, no other person or persons claiming to own such real property or estate or interest therein shall have been paid the value thereof; and provided, no judgment has been rendered against the authority for the payment of such value to any other person or persons claiming to own such real estate. ADD}

SECTION 15. {ADD If any real property or any estate or interest therein is unclaimed or held by a person or persons whose whereabouts are unknown, after making inquiry satisfactory to the superior court for the county in which the real property lies, the authority, after the expiration of two (2) years from the first publication of the copy of the vote, statement and description, may petition such court that the value of the estate or interest or such unknown person or persons be determined. After such notice by publication to such person or persons as the court in its discretion may order, and after hearing on said petition, the court shall fix the value of said estate or interest and shall order said sum to be deposited in the registry of such court in a special account to accumulate for the benefit of the person or persons, if any, entitled thereto. The receipt of the clerk of the superior court therefor shall constitute a discharge of the authority from all liability in connection with such taking. When the person entitled to the money deposited shall have satisfied the superior court of his right to receive the same, the court shall cause it to be paid over to him, with all accumulations thereon. ADD}

SECTION 16. {ADD The superior court shall have power to make such orders with respect to encumberances, liens, taxes and other charges on the land, if any, as shall be just and equitable. ADD}

SECTION 17. {ADD Whenever in the opinion of the authority a substantial saving in the cost of acquiring title can be effected by conveying other real property, title to which is in the authority, to the person or persons from whom the estate or interest in real property is being purchased or taken, or by the construction or improvement by the authority of any work or facility upon the remaining real property of the person or persons from whom the estate or interest in real property is being purchased or taken, the authority shall be and hereby is authorized to convey such other real property to the person or persons from whom the estate or interest in real property is being purchased or taken and to construct or improve any work or facility upon the remaining land of such person or persons. ADD}

SECTION 18. {ADD At any time during the pendency of any proceedings for the assessment of damages for property or interests therein taken or to be taken by eminent domain by the authority, the authority or any owner may apply to the court for an order directing an owner or the authority, as the case may be, to show cause why further proceedings should not be expedited, and the court may upon such application make an order requiring that the hearings proceed and that any other steps be taken with all possible expeditions. ADD}

SECTION 19. This act shall take effect upon passage.