835 R.I. Code R. 835-RICR-30-00-2.5

Current through December 3, 2024
Section 835-RICR-30-00-2.5 - Negotiation with Property Owners
A. Notification of Property Owner: After the appraisals have been completed and approval has been received from the State Properties Committee, every reasonable effort shall be made to contact personally each property owner. This will be done by sending a letter to each owner advising them generally about the project and requesting that they meet with a representative of the Commission to discuss the matter in detail. All correspondence by the Commission to property owner(s) shall be sent by certified mail, return receipt requested. If contact by mail is unsuccessful, then other reasonable alternative methods may be used to contact each property owner.
B. First Meeting with Property Owner: During the first meeting, the property owner(s) shall be provided with the following information:
1. Explanation of the "One Offer System": At the first meeting, the Commission will make its initial Compensation Award offer to the property owner in writing for the full amount of the approved fair market value of the property, interest or right to be taken. This will ensure the equitable treatment of all property owner(s).
2. Statement of Just Compensation: The full approved amount of just compensation must be presented in writing by the Commission's representative. In addition to delineating the fair market value established, it also shall delineate separately any damages assigned to the remaining property as a result.
3. Letter of Rights: The Commission's representative will present a letter of rights explaining a property owner's rights, privileges, and options. He/she will also explain the following options to the property owners:
a. Full Release
b. Advance Payment Release
c. Escrow Deposit into the Registry of the Rhode Island Superior Court.
4. Plat Map or Other Description of Land to be Affected: The property owner will be provided with a plat map and/or other legal description and a map of the owner's land area(s) that is/are affected.
5. Revised Offer: In the event that a revised offer must be made to the property owner, this revised offer will be made in writing by a Revised Statement of Just Compensation.
C. Additional Meetings with Property Owners: In most cases, additional meetings are necessary to obtain the property owner's decision regarding the acceptance of the just compensation established.
D. Negotiating with an Attorney: When a property owner informs the Commission that he/she will be represented by an attorney or authorized representative, the Commission will request a letter of representation from either the property owner, his attorney, or his/her authorized representative stating they will be the exclusive agent during the acquisition process. The Commission will then deal solely with the authorized representative.
E. Tenant Owned Improvements: If the Commission must acquire any tenant owned improvements, the tenant(s) shall receive the same rights and privileges as that of a real property owner. If a lease is in existence, it must be thoroughly reviewed. In order for the tenant to receive direct payment, the real property owner must sign a disclaimer. If the property owner refuses to sign this disclaimer, one hundred (100%) percent of the amount established as just compensation for the tenant owned improvement shall be deposited in the Registry of the Superior Court in an escrow account under both the owner and the tenant's name.

835 R.I. Code R. 835-RICR-30-00-2.5