(a) Means for acquisition; funds for payment of compensation. The town council in behalf of the town may acquire by agreement, purchase or condemnation such land as may be necessary for the purposes of this chapter [this article]. Whenever any property or estate or rights of property shall be taken hereunder by condemnation, the owner thereof, including all persons having property rights therein, shall be paid therefor according to their respective interests by the town. The town, or the town council to the extent of funds available to it, shall provide specific funds for such payment of compensation prior to such taking and the use of such funds for such purpose shall be a fixed obligation of the town. Any such taking hereunder shall be made in the manner provided by and subject to the provisions of sections 39-15-5 through 39-15-10 of the General Laws, as the same may have been or may be from time to time amended.
(b) Authority of council. The town council shall have general authority to represent the town and to make any agreements for said town under the authority of this section and to do any acts or things necessary or incidental to executing settlements and agreements, and shall have authority to agree with the owner for the price of the land so taken, and the same shall be paid by the town treasurer out of the proceeds of bonds or notes issued hereunder or from general funds as provided in section 8 of this chapter [this article] upon vouchers approved by the majority of the town council.
(c) Exception for land or right of way of railroad or public service company. Nothing in this chapter [this article] shall authorize the town to condemn any portion of the land or right of way or any railroad or other public service company, except for the purpose of crossing the same below grade and of building and maintaining necessary manholes at such crossing in such manner as not to render unsafe or to impair the usefulness of such land or right of way for railroad purposes or for the purposes of such other public service company. If said town and such railroad or other public service company are unable to agree as to the method of the construction and maintenance of such sewer and manholes at any such crossing, either party may apply to the public utility administrator for a determination thereof, and, after hearing, such sewer and manholes shall be constructed and maintained in such method and manner as may be ordered by said administrator. These proceedings shall be subject to the provision of chapters 1 and 5 in title 39 and sections 39-4-7 and 39-4-19 through 24 of the General Laws, as the same may have been or may from time to time be amended. (P.L. 1958, ch. 138, § 1; P.L. 1960, ch. 205, §7.)