§ 46-5-1. Power to acquire land along tidewater. The department of environmental management is authorized to acquire in fee simple from the state as authorized in § 46-5-1.1 or in the name of the state for the use and benefit of the public, by purchase or condemnation or by lease from time to time, any […]
§ 46-5-1.1. Permission to conduct filling activity distinguished from grants of rights and property interest in the filled area. (a) It is the policy of the state of Rhode Island that the state’s permission to fill tidelands is separate and distinct from the state’s granting of a right, title, or interest in and to the […]
§ 46-5-1.2. State ownership of tidal lands — Grants of title by the General Assembly — Approval to fill required — General Assembly to set policy — Harborlines repealed. (a) The state of Rhode Island, pursuant to the public trust doctrine long recognized in federal and Rhode Island state case law, and to Article 1, […]
§ 46-5-10. Lease of facilities. The director may from time to time, in the name of the state of Rhode Island, lease any property, whether improved or unimproved, acquired by purchase or by the process of law, and storage facilities, wharves, piers, bulkheads, docks, sheds, warehouses, and industrial locations within the director’s charge, for such […]
§ 46-5-11. Control and management of public facilities. The director shall retain under his or her own control and management and in his or her own possession, for use by the public for the transient needs and purposes of such vessels as shall from time to time come to the port of Providence, a portion […]
§ 46-5-12. Rules and regulations — Penalty for violation. (a) The director shall establish and enforce such proper rules and regulations for the government and proper care of all the property acquired under this chapter, whether improved or unimproved, as the director shall deem best, and shall furnish a copy of the rules and regulations […]
§ 46-5-13. Disposition of revenues. All moneys paid for the wharfage, cranage, or dockage of vessels, all rents and other moneys paid to the state, from whatever source, on account of the use of any of the property, improved or unimproved, acquired in the name of and on behalf of the state by the department, […]
§ 46-5-14. Operation of facilities for public use. When any of the wharves, piers, bulkheads, slips, docks, basins, and other property, or any part thereof built, constructed, improved, or acquired by the department, shall have been completed and shall be ready for use, the director may, in his or her discretion, open the wharves, piers, […]
§ 46-5-15. Disposition of lands no longer needed. The director of the department of environmental management, when he or she shall deem any land or interests in land acquired or taken under the provisions of this chapter to be no longer required for the purposes of this chapter, may: (1) With the consent of the […]
§ 46-5-16. Yacht and boat moorings. (a) The director of the department of environmental management shall expend such funds as are annually appropriated in purchasing, installing, and maintaining yacht and boat moorings in such harbors in Rhode Island waters as he or she may deem advisable and suitable. (b) The sum of five hundred dollars […]
§ 46-5-2. Filing of description, plat, and statement as to land to be condemned. Whenever the department of environmental management has decided to take by condemnation such land or any estate or interest in land, and the phrase “such land” as used in §§ 46-5-2 — 46-5-8 shall be deemed to describe and apply to […]
§ 46-5-3. Vesting of title to land taken. Upon the filing of the description, plat, and statement, the title to and immediate right of possession of such land shall vest in the state of Rhode Island in fee simple unless a lesser estate or interest therein is specified in the statement as taken by the […]
§ 46-5-4. Service and publication of notice of taking of land. After the filing of the description, plat, and statement, notice of the taking of such land shall be served upon the owner of or persons having an estate and interest in such land by the sheriff or any deputy sheriff for the county in […]
§ 46-5-5. Payment of agreed price. If any party shall agree with the department of environmental management to the price for his or her estate or interest in any such land, that price shall be paid to him or her forthwith out of the funds appropriated and available thereof. History of Section.P.L. 1910, ch. 568, […]
§ 46-5-6. Jury assessment of damages — Consolidation of claims for trial. Any owner or person who cannot agree with the department of environmental management to the price for his or her estate or interest in any such land may, within six (6) months after personal notice of the taking, or if he or she […]
§ 46-5-7. Late filing of petition for jury trial. The court may, in its discretion, permit the filing of the petition subsequent to one year from the filing of the description, plat, and statement, unless the petitioner therein has had actual notice of the taking of the land in which the petitioner claims an interest […]
§ 46-5-8. Representation of infants and incompetents. If any infant or person not capable by law to act in his or her own behalf by the owner of any estate or interest in any land so taken, the court, upon the filing therein of a petition by or in behalf of the infant or other […]
§ 46-5-9. Construction of port facilities — Rates for services. The director of the department of environmental management may, after the acquirement by the state of any property, tide-flowed lands, flats, terms, easements, privileges, littoral, and riparian rights of any owner or owners, either by purchase or by process of law, proceed to fill, improve, […]
