§ 32-2-8. Commissioners — Apportionment of expenses.
(a) The superior court shall, on the application of the director of environmental management,
and after notice to each of the cities and towns hereinbefore designated, appoint
three (3) commissioners who shall not be residents of those cities and towns, who
shall, after the notice and hearing, and in such manner as they shall deem just and
equitable, determine the proportion in which each of those cities and towns shall
annually pay money into the treasury of the state for the term of five (5) years next
following the year of the first issue of the scrip or certificates of indebtedness,
Free access — add to your briefcase to read the full text and ask questions with AI
§ 32-2-8. Commissioners — Apportionment of expenses.
(a) The superior court shall, on the application of the director of environmental management,
and after notice to each of the cities and towns hereinbefore designated, appoint
three (3) commissioners who shall not be residents of those cities and towns, who
shall, after the notice and hearing, and in such manner as they shall deem just and
equitable, determine the proportion in which each of those cities and towns shall
annually pay money into the treasury of the state for the term of five (5) years next
following the year of the first issue of the scrip or certificates of indebtedness,
to meet the interest and sinking fund requirements for each of those years as estimated
by the general treasurer of the state, and to meet the expenses of preservation and
necessary care of the public reservations as estimated by the director of environmental
management and certified by them to the general treasurer, and any deficiency in the
amount previously paid in as found by the treasurer, and shall return their award
into the court; and when the award shall have been accepted by the court, it shall
be final and conclusive adjudication of all matters herein referred to the commissioners
and shall be binding on all parties. Before the expiration of that term of five (5)
years, and every five (5) years thereafter, three (3) commissioners who shall not
be residents of any of the cities or towns constituting the metropolitan park district
shall again be appointed, with the same powers and duties for the next succeeding
term of five (5) years; provided, that if the commissioners appointed during the first
term of five (5) years, shall before the expiration of the term decide that the work
of acquiring and improving land for metropolitan park purposes is not sufficiently
advanced or that the improvements contemplated by this chapter are not so distributed
over the various portions of the metropolitan park district as to permit of a reasonable
estimation of the relative benefits to be derived by the several cities and towns,
or if the works under way or in immediate contemplation are of such character that
the benefits to be derived therefrom would speedily and materially alter the equity
of an award made within that term, they may, with the consent of the superior court,
postpone the return of their award to the court for such further period not to exceed
three (3) years, as they may deem necessary in order to arrive at a more uniform and
satisfactory basis of assessment; and further provided, that no assessment shall be
levied for the purposes of this chapter in any one year upon any city or town in excess
of a sum equal to one-half (½) mill on the dollar of the valuation thereof.
(b) The superior court shall have jurisdiction in equity to enforce the provisions of
this chapter and shall fix and determine the compensation of all commissioners appointed
by the court under the provisions hereof.