If any party shall agree with the acquiring authority upon the sum to be paid for
the value of the land or other real property so taken and of appurtenant damage to
any remainder or for the value of his or her estate, right, or interest therein, and
the price shall be approved by the state properties committee, the price shall be
paid to him or her forthwith. The state controller is authorized and directed, upon
receipt by him or her of proper and duly authenticated vouchers, to draw his or her
order upon the general treasurer for the payment of the agreed price out of any funds
appropriated and available therefor; provided, however, that if any party shall fail
to agree with the acquiring authority upon the sum to be paid for the value of the
land or other real property so taken and of appurtenant damage to any remainder or
for the value of his or her estate, right, or interest therein, then, the state properties
committee, upon the application of the party in interest and of the joinder of all
other parties in interest shall order paid forthwith, to the party or parties so applying
for or on account of the just compensation to be awarded under a petition filed or
to be filed in the superior court for the assessment of damages, in accordance with
the provisions of this chapter, not less than one hundred percent (100%) of the acquiring
authority’s offer pending final disposition of the court proceeding. The verdict and
the judgment thereafter entered in the court proceeding shall not include any item
for interest upon such amount as shall be or could have been ordered paid by the state
properties committee on account of the just compensation for any period of time from
and after thirty (30) days following the making in writing of the acquiring authority’s
offer.
Notes of Decisions
Ocean Road Partners v. State, 670 A.2d 246 (R.I. 1996).
· cites it 4× “1956 (1990 Reenactment) §§ 37-6-17 and 37-6-18, Ocean Road Partners, on November 3, 1989, exercised its prerogative to receive from the state the proffered $6,448,000 and then petitioned the Superior Court for an assessment of damages.”
Serzen v. Dir. of the Dep't of Env't Mgmt., 692 A.2d 671 (R.I. 1997).
· cites it 2× “The plaintiff rejected the DEM’s offer, but accepted the $500,405 pursuant to G.L.1956 § 37-6-17, and reserved his right to petition for damages under § 37-6-18.”
Merritt Land Corp. v. Marcello, 291 A.2d 263 (R.I. 1972).
· cites it 5× “50 2 From what we have pointed out in note (1) above, it is obvious that plaintiff has already received more than the 75 per cent to which it claims it was entitled under §37-6-17. In the circumstances, even if we assume that plaintiff’s first two points are correct, since it…”
Chartier Real Est. Co. v. Chafee, 225 A.2d 766 (R.I. 1967).
· cites it 2× “Section 37-6-17 directs, payment to the property owner where the price is agreed upon.”
Ocean Road Partners v. State, 612 A.2d 1107 (R.I. 1992).
“1956 (1990 Reenactment) §§ 37-6-17 and 37-6-18, they exercised their right to receive that amount of money and to petition the Superior Court for an assessment of damages.”
In Re D'Ellena, 640 A.2d 530 (R.I. 1994).
“General Laws 1956 (1990 Reenactment) § 37-6-17, entitled “Payment of agreed price for condemned land,” provides only that proceeds are to be paid to “any party [who] shall * * * agree with the acquiring authority upon the sum to be paid for the value of the land or other real…”
Atl. Refining Co. v. Dir. of Pub. Works, 233 A.2d 423 (R.I. 1967).
“Moreover, this assertion is not disputed by the state. However, the pretrial conference is not a part of the record before us and for that reason we have not rested our holding on the correctness of the trial justice’s refusal to pass the case on the question of prior knowledge.”
Bric's Mkt., Inc. v. State, 253 A.2d 590 (R.I. 1969).
· cites it 2× “They contend further that the order was improper in that it is contrary to a statutory procedure for making partial payment of claims in condemnation cases, referring in this respect to §37-6-17, as amended. Lastly, they contend that the trial court erred in reaching its…”
Hunt v. Dir. of Pub. Works, 206 A.2d 91 (R.I. 1965).
“1956, §37-6-17, as amended, and that the amount it was thus so entitled to receive in partial payment should be deducted from the amount of the decision in computing the interest due from the date of the filing of its petition in the circumstances of that case until the date of…”
Hunt v. Dir. of Pw of State, 206 A.2d 91 (R.I. 1965).
· cites it 2× “We deem it advisable to state here that just as the legislature intended such partial payment by the state to be mandatory on it, the legislature also intended that for purposes of computing interest the acceptance of such partial payment is mandatory on the property owner.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.