§ 45-29-12. Expediting proceedings - Taking of land devoted to other public use - "Owner" defined. In any proceedings for the assessment of compensation and damages for land or interest in it taken or to be taken by eminent domain by an authority, the following provisions are applicable:
(1) At any time during the pendency of an action or proceeding, the authority or an 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 that application, make an order requiring that the hearings proceed and that any other steps be taken with all possible expedition.
(2) If any of the land, or interest in it, included within the project is devoted to a public use, it may nevertheless be acquired, and the taking shall be effective, provided that no land, or interest in it, belonging to the city or to any government shall be acquired without its consent, and that no land or interest in it belonging to a public utility corporation may be acquired without the approval of the division of public utilities or other officer or tribunal having regulatory power over that corporation. Any land, or interest in it, already acquired by the authority may nevertheless be included within the taking for the purpose of acquiring any outstanding interests in the land.
(3) The term "owner", as used in this section, includes a person having an estate, interest, or easement in the land to be acquired or a lien, charge, or encumbrance on it.
History of Section. (P.L. 1941, ch. 1030, § 5; G.L. 1956, § 45-29-12.)
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