Current through December 3, 2024
Section 835-RICR-30-00-2.12 - Right of Entry During Design or ConstructionA. Applicability: All owners of lands, waters, or premises that may be the subject of NBC design construction projects must, upon notification and payment in accordance with §§ 2.12(B) and (C) of this Part below, allow NBC authorized agents and employees to enter upon their private properties for the purposes of making surveys, soundings, test pits, drillings, borings, and examinations in accordance with R.I. Gen. Laws § 46-25-24.1.B. Notice: The Commission shall provide the owner/s with written notification of its intent to enter upon such property at least fifteen (15) days prior to initial entry. Said notice shall include the amount of compensation the Commission proposes to pay to the owner as just compensation for entry.C. Compensation: In accordance with public rule-making procedures as provided for by R.I. Gen. Laws § 42-35-1 et seq., the Commission has set just compensation for entrance upon private lands for the purposes of making surveys, soundings, test pits, drillings, borings, and examinations at $50 for the right of entry and $100 per boring or test pit.D. Restoration/Damages: Within a reasonable time after entry, the Commission shall restore the property to its prior condition or reimburse the owner for any actual damage resulting to such lands, waters, and premises as a result of such activities, at the Commission's discretion.E. Appeal: Any appeal with regard to just compensation shall be made to the Rhode Island Superior Court.835 R.I. Code R. 835-RICR-30-00-2.12