§ 45-32-35 — § 45-32-35. Representation of infants and incompetents.

§ 45-32-35. Representation of infants and incompetents.

If any real property, or any estate or interest in it, in which any infant or other person not capable in law to act in his or her own behalf is interested, is taken by the agency under the provisions of this chapter, the superior court, upon the filing in the court of a petition by the agency or by or in behalf of the infant or person, may appoint a guardian ad litem for the infant or other person. Guardians may, with the advice and consent of the superior court and upon terms that the superior court may prescribe, release to the agency all claims for damages for the land of the infant or other person or for any interest in the land. Any lawfully appointed, qualified, and acting guardian or other fiduciary of the estate of the infant or other person, with the approval of a court of probate within this state having jurisdiction to authorize the sale of lands and properties within this state of the infant or other person, may, before the filing of the petition, agree with the agency upon the amount of damages suffered by the infant or other person for any taking of his or her real property or of his or her interest in it, and may, upon receiving that amount, release to the agency all claims of damages of the infant or other person for the taking.

Legislative History

P.L. 1956, ch. 3654, § 73; G.L. 1956, § 45-32-35.