These are suits in equity brought by the several plaintiffs in error in the superior court of Rhode Island, to enjoin the defendants in error from taking possession of or interfering with their property. The proceedings complained of, were taken under an act of the state Legislature, purporting to authorize the city of Providence to obtain a supply of pure water. Public Laws, chapter 1278, approved April 21, 1915. The water supply board, whose members are made parties defendant, is directed by the act to investigate and determine whether a part of the north branch of the Pawtuxet river and the tributary watershed would be the most available and desirable source of water supply for the city of Providence and for any territories now supplied or hereafter supplied, under the provisions of the act by means of the waterworks of said city. The board, if it approve the source, is to make a plan, location storage reservoirs and an aqueduct to carry water therefrom to the city waterworks. Section 3.
Thereupon the board is authorized to purchase for and in the name of the city such lands and interests and water rights as may be necessary, when the city council shall have made provision for the necessary funds. Section 4.
The city is authorized to acquire by condemnation any lands and interests included within a definitely limited area, which the city council shall deem necessary for the purposes stated in he act. Section 5.
The city if further authorized by condemnation to acquire the waters or any part thereof, included within the area, and any water or flowage rights or privileges appurtenant thereto. Section 6.
The owner of any mill upon land taken, may surrender the machinery therein to the city within six months after the taking, whereupon the city shall become liable to pay its fair value at the time of delivery as part of the damages for such taking; or such special damages as may be suffered as a result of a compulsory removal before the expiration of a reasonable time. If the machinery be not surrendered, the reasonable cost of removing it to a new location within the New England States and setting it up is to be paid by the city as part of t e damages. Section 12.
The city is also required to pay the fair market value of furniture and building equipment, contained in any building belonging to the town of Scituate, which may be surrendered (section 11); the cost of additional police protection in any town or city in consequence of carrying on construction work (section 14); damages for decrease in value of lands not taken but contiguous to lands which are taken section 15); and limited damages in certain cases for loss of employment due to the taking of the manufacturing establishment in which claimant is employed (section 17).
The owner of any business, on lands within certain localities, established prior to the passage of the act is given the right to recover for injury thereto. Section 16.
Certain municipalities and districts within the drainage areas described, when necessary are allowed to take and receive water from the city waterworks for domestic and municipal purposes upon payment therefor at fair wholesale rates or charges, which, in case of disagreement, are to be determined by arbitration. The city is also authorized, under specified limitations, to furnish water to any incorporated water company, for use in any territory included within the drainage areas where there is no public water supply. Section 18.
In case any lands purchased or condemned are not required for waterworks purposes, but are held to protect and preserve the waters from pollution, the city is authorized to lease them under specified restrictions. Section 21.
Whenever the city council shall resolve to condemn any property it is required to have filed, in the office of the clerk of the town or city where any of the lands lie, a statement giving a description of the property taken. Thereupon the title shall vest in the city in fee simple, except where a less estate is specified. The city is authorized to take possession, but not to do so without the consent of the owner, until after the expiration of a year from the date of filing such statement. Payment for the property taken is to be made forthwith if the city and the owner agree upon the price. If not, the owner is authorized within one year after notice of the taking, or, if not notified, within two years from the date of filing the statement, to have an assessment of damages by a jury, or at his option, by a commission, upon petition to the superior court. Upon the entry of judgment the owner may have execution issued against the city. Section 23.