Section 34-44-1. – Short title.
§ 34-44-1. Short title. This chapter shall be known and may be cited as the “Abandoned Property Act”. History of Section.P.L. 1986, ch. 447, § 1.
Section 34-44-10. – Legality of prior and inferior mortgage liens.
§ 34-44-10. Legality of prior and inferior mortgage liens. The creation of any mortgage lien under this chapter prior to or superior to any mortgage of record at the time the mortgage lien was created shall not disqualify a prior recorded mortgage as a legal investment under chapter 9 of title 19. History of Section.P.L. […]
Section 34-44-11. – Receiver’s entitlement to fees and commissions.
§ 34-44-11. Receiver’s entitlement to fees and commissions. A receiver appointed under this section is entitled to receive fees and commissions in the same manner and to the same extent as receivers appointed in other court proceedings. History of Section.P.L. 1986, ch. 447, § 1.
Section 34-44-12. – Sale of building and property by receiver.
§ 34-44-12. Sale of building and property by receiver. (a) If a receiver appointed pursuant to § 34-44-4 files with the judge in the civil action described in § 34-44-4 a report indicating that the public nuisance has been abated, and if the judge confirms that the receiver has abated the public nuisance, and if […]
Section 34-44-2. – Definitions.
§ 34-44-2. Definitions. As used in this chapter: (1) “Abandon” or “abandonment” means a situation where the owner of a building has intended to abandon the building and has manifested the intent with some act or failure to act. In determining whether an owner has abandoned his or her building, a court shall infer the […]
Section 34-44-3. – Injunctive relief and other relief.
§ 34-44-3. Injunctive relief and other relief. In any proceeding, brought under chapter 27.3 of title 23 entitled the Rhode Island state building code, and any violation of the provisions of those regulations promulgated by the state building code standards committee entitled SBC-1 Rhode Island state building code, SBC-2 Rhode Island state one and two […]
Section 34-44-4. – Public nuisance determination — Show cause hearing — Appointment of receiver.
§ 34-44-4. Public nuisance determination — Show cause hearing — Appointment of receiver. (a) In any proceeding described in § 34-44-3 of this chapter, if the court makes the finding described in that section and additionally finds that the building in question constitutes a public nuisance and that the owner of the building has been […]
Section 34-44-4.1. – Court determinations required.
§ 34-44-4.1. Court determinations required. Prior to ordering any work or the furnishing of any materials to abate a public nuisance under this chapter, the court shall review the submitted financial and construction plan and shall make all of the following findings: (1) The estimated cost of the labor, materials, and any other development costs […]
Section 34-44-5. – Demolition.
§ 34-44-5. Demolition. Upon the written request of all of the interested parties to have the building, or portions of the building, demolished, because repair and rehabilitation of the building are found not to be feasible, the court may order the demolition. However, no demolition shall be ordered unless the requesting parties have paid the […]
Section 34-44-6. – Receiver’s bond — Power and duties.
§ 34-44-6. Receiver’s bond — Power and duties. Before proceeding with his or her duties, any receiver appointed by the court shall post a bond in an amount designated by the court, but not exceeding the value of the building involved at the time of the appointment of the receiver as determined by the judge. […]
Section 34-44-7. – Nonapplicability of monetary jurisdiction limits — Personal liability of receiver.
§ 34-44-7. Nonapplicability of monetary jurisdiction limits — Personal liability of receiver. The amounts expended by the receiver, the amount of any notes issued by the receiver, any amounts expended by any other person authorized by the court under this chapter, any mortgage authorized by the court under this chapter and the amounts expended in […]
Section 34-44-8. – Expenses of receivership — Fees.
§ 34-44-8. Expenses of receivership — Fees. The court may assess as court costs, the costs and expenses set out in § 34-44-6(2) of this chapter, and may approve receiver’s fees to the extent that they are not covered by the income from the property. Any expenses incurred by a receiver pursuant to the exercise […]
Section 34-44-9. – Discharge of a receiver.
§ 34-44-9. Discharge of a receiver. The receiver may be discharged by the judge as provided in § 34-44-12 or at any time in the discretion of the court. The receiver shall be discharged when all of the following have occurred: (1) The public nuisance has been abated; (2) All costs, expenses, and approved fees […]