Rhode Island General Laws 46-5-8. Representation of infants and incompetents
If any infant or person not capable by law to act in his or her own behalf by the owner of any estate or interest in any land so taken, the court, upon the filing therein of a petition by or in behalf of the infant or other person, may appoint a guardian ad litem for the infant or other person, and the guardian may appear and be heard in behalf of the infant or other person; and the guardian may also, with the advice and consent of the court, and upon such terms as the court may prescribe, release to the state all claims for damages for and to the estate or interest in the land. Any lawfully appointed, qualified, and acting guardian of the estate of any infant or other person, with the approval of the court of probate within this state having jurisdiction to authorize the sale of land within this state of the infant or other person, may, before the filing of the petition, agree with the department of environmental management upon the amount of damages suffered by the infant or other person by any taking hereunder of his or her land or any estate or interest in his or her land, and may, upon receiving that amount, release to the state all claims of damages of the infant or the other person for the taking.
History of Section.
G.L. 1938, ch. 112, § 27; P.L. 1945, ch. 1650, § 1; G.L. 1956, § 46-5-8.
Terms Used In Rhode Island General Laws 46-5-8
- Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6
- Probate: Proving a will