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Supreme Court No. 2004-357-Appeal. (KM 04-665) Rhode Island Economic Development Corporation v. The Parking Company, L.P., et al. : : :

Present: Williams, C.J., Goldberg, Flaherty, and Suttell, JJ. OPINION Justice Goldberg, for the Court. In this case the Supreme Court is confronted with the difficult balance between the constitutional rights of a property owner and the inherent power of the state in a condemnation proceeding: Is a property owner entitled to a hearing on whether a taking by eminent domain is for a public use before the property may be condemned by the state? We have before us a contentious struggle for control of a multimillion-dollar parking facility, known as Garage B, at Theodore Francis Green Airport (airport). The respondent-appellants, The Parking Company, L.P., Fleet National Bank and Fleet Real Estate, Inc., appeal from an order of the Superior Court granting a so-called quick-take condemnation of a temporary easement in Garage B, based on an ex parte petition by the petitioner-appellee, the Rhode Island Economic Development Corporation. The Superior Court ordered the condemnation in accordance with the quick-take provisions of G.L. 1956

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Rhode Island Law