§ 30-15-11. Emergency claims commission.
(a) There is hereby created an emergency claims commission, consisting of three (3) qualified
electors of this state, who shall, if deemed necessary, within ten (10) days after
the governor proclaims an emergency, be appointed by the presiding justice of the
superior court. Any vacancy in the membership of the commission shall be filled immediately
by the presiding justice. The presiding justice shall fix the per diem compensation
of the members of the commission. The commission shall determine what sum will justly
compensate the claimant for the property taken, and that determination shall be made
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§ 30-15-11. Emergency claims commission.
(a) There is hereby created an emergency claims commission, consisting of three (3) qualified
electors of this state, who shall, if deemed necessary, within ten (10) days after
the governor proclaims an emergency, be appointed by the presiding justice of the
superior court. Any vacancy in the membership of the commission shall be filled immediately
by the presiding justice. The presiding justice shall fix the per diem compensation
of the members of the commission. The commission shall determine what sum will justly
compensate the claimant for the property taken, and that determination shall be made
in accordance with the procedure established by the majority of the justices of the
superior court, which procedure shall be designed to secure the just, speedy, and
inexpensive determination of claims for compensation. The commission may hire, and
the state shall pay for, the services of any skilled and disinterested appraisers
that the commission shall deem necessary to assist it in the performance of its duties.
The clerk of the superior court for Providence county shall detail one of the assistant
clerks and any clerical assistance that may be necessary to assist the commission
in performing its duties, and when and if the commission so requests, the clerks of
the superior courts for the other counties of the state shall furnish the commission
any clerical assistance that it may require. The proper authorities shall provide
the commission with suitable and convenient quarters in the courthouses of the state.
(b) Whenever the governor takes possession of, or title to, any real or personal property
pursuant to the provisions of this chapter, he or she shall immediately cause the
owner and/or possessor of the property, referred to as the "claimant�, to be notified
in any manner that the commission provides, and shall also cause a copy of the notice
to be filed with the commission. If the claimant or the attorney general representing
the state is not satisfied with the award made by the commission, he or she may appeal
within thirty (30) days after the award to the superior court and the proceedings
shall thereafter be conducted in the superior court in accordance with the guaranties
of the constitution and any rules of procedure that a majority of the justices of
the court may adopt. Review by the supreme court shall be available to the state and
to the claimant in accordance with any rules that a majority of the justices of the
supreme court may adopt provided a petition for review is filed in the office of the
clerk of the supreme court within thirty (30) days after entry of the decision of
the superior court. These proceedings shall have precedence on the calendars of the
courts. All unappealed awards and final judgments entered against the state in all
proceedings and the fees and expenses of the commission shall be paid by the general
treasurer out of any money in the treasury appropriated for this purpose and/or any
money in the treasury not otherwise appropriated, and this direction shall constitute
an appropriation for the payment of the awards, judgments, fees, and expenses.