Rhode Island General Laws 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.
History of Section.
P.L. 1956, ch. 3654, § 73; G.L. 1956, § 45-32-35.
Terms Used In Rhode Island General Laws 45-32-35
- 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.
- Fiduciary: A trustee, executor, or administrator.
- 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
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.