REPRESENTATIVES Young, Brinkman, Britton, Carey, Carmichael, DeWine, Fessler, Flowers, Hagan, Lendrum, Schaffer, Schmidt, Seaver, Webster, Willamowski

To amend section 163.59 of the Revised Code to require

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acquiring state agencies to make every reasonable

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effort to provide a copy of the appraisal to the

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owner of real property appraised at more than

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$10,000, to require those agencies to update or

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obtain new appraisals under certain circumstances,

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and to specify that their acquisition of property

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must be for a clearly defined public purpose that

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is to be achieved in a defined and reasonable

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period of time.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That section 163.59 of the Revised Code be amended	11
to read as follows:	12

Sec. 163.59.  In order to encourage and expedite the	13
acquisition of real property by agreements with owners, to avoid	14
litigation and relieve congestion in the courts, to assure	15
consistent treatment for owners in the many state and federally	16
assisted programs, and to promote public confidence in public land	17
acquisition practices, heads of acquiring agencies shall, to the	18
greatest extent practicable, be guided bydo or ensure the	19
acquisition satisfies all of the following policies:	20

(A) The head of an acquiring agency shall make every	21
reasonable effort to acquire expeditiously real property by	22
negotiation.	23

(B) In order for an acquiring agency to acquire real	24
property, the acquisition shall be for a clearly defined public	25
purpose that is to be achieved in a defined and reasonable period	26
of time.	27

(C) Real property shall be appraised before the initiation	28
of negotiations, and the owner or histhe owner's designated	29
representative shall be given ana reasonable opportunity to	30
accompany the appraiser during histhe appraiser's inspection of	31
the property, except that the head of the lead agency may	32
prescribe a procedure to waive the appraisal in cases involving	33
the acquisition by sale or donation of property with a low fair	34
market value. If the appraisal values the property at more than	35
ten thousand dollars, the head of the acquiring agency concerned	36
shall make every reasonable effort to provide a copy of the	37
appraisal to the owner. As used in this section, "appraisal"	38
means a written statement independently and impartially prepared	39
by a qualified appraiser setting forth an opinion of defined value	40
of an adequately described property as of a specified date,	41
supported by the presentation and analysis of relevant market	42
information.	43

(C)(D) Before the initiation of negotiations for real	44
property, the head of the acquiring agency concerned shall	45
establish an amount which hethat the head of the acquiring agency	46
believes to be just compensation thereforfor the property and	47
shall make a prompt offer to acquire the property for no less than	48
the full amount so established. In no event shall suchthat	49
amount be less than the agency's approved appraisal of the fair	50
market value of suchthe property. Any decrease or increase in	51
the fair market value of real property prior to the date of	52
valuation caused by the public improvement for which suchthe	53
property is acquired, or by the likelihood that the property would	54
be acquired for suchthat improvement, other than that due to	55
physical deterioration within the reasonable control of the owner,	56
will be disregarded in determining the compensation for the	57
property. The	58

The head of the acquiring agency concerned shall provide the	59
owner of real property to be acquired with a written statement of,	60
and summary of the basis for, the amount hethat the head of the	61
acquiring agency established as just compensation. Where	62
appropriate, the just compensation for the real property acquired	63
and for damages to remaining real property shall be separately	64
stated.	65

(D)The owner shall be given a reasonable opportunity to	66
consider the offer of the acquiring agency for the real property,	67
to present material that the owner believes is relevant to	68
determining the fair market value of the property, and to suggest	69
modification in the proposed terms and conditions of the	70
acquisition. The acquiring agency shall consider the owner's	71
presentation and suggestions.	72

(E) If information presented by the owner or a material	73
change in the character or condition of the real property	74
indicates the need for new appraisal information, or if a	75
significant delay has occurred since the time of the appraisal of	76
the property, the head of the acquiring agency concerned shall	77
have the appraisal updated or obtain a new appraisal. If updated	78
appraisal information or a new appraisal indicates that a change	79
in the acquisition offer is warranted, the head of the acquiring	80
agency shall promptly reestablish the amount of the just	81
compensation for the property and offer that amount to the owner	82
in writing.	83

(F) No owner shall be required to surrender possession of	84
real property before the acquiring agency concerned pays the	85
agreed purchase price, or deposits with the court for the benefit	86
of the owner, an amount not less than the agency's approved	87
appraisal of the fair market value of suchthe property, or the	88
amount of the award of compensation in the condemnation proceeding	89
for suchthe property.	90

(E)(G) The construction or development of a public	91
improvement shall be so scheduled that no person lawfully	92
occupying real property shall be required to move from a dwelling,	93
or to move histhe person's business or farm operation, without at	94
least ninety days' written notice from the head of the acquiring	95
agency concerned, of the date by which suchthe move is required.	96
Whenever possible, the head of the acquiring agency concerned	97
shall make every reasonable effort to finalize the acquisition of	98
the property before this notice is provided.	99

(F)(H) If the head of an acquiring agency permits an owner	100
or tenant to occupy the real property acquired on a rental basis	101
for a short term or for a period subject to termination on short	102
notice, the amount of rent required shall not exceed the fair	103
rental value of the property to a short-term occupier.	104

(G)(I) In no event shall the head of an acquiring agency	105
either advance the time of condemnation, or defer negotiations or	106
condemnation and the deposit of funds in court for the use of the	107
owner, or take any other action coercive in nature, in order to	108
compel an agreement on the price to be paid for the real property.	109

(H)(J) If any interest in real property is to be acquired by	110
exercise of the power of eminent domain, the head of the acquiring	111
agency concerned shall institute formal condemnation proceedings.	112
No head of an acquiring agency head shall intentionally make it	113
necessary for an owner to institute legal proceedings to prove the	114
fact of the taking of histhe owner's real property.	115

(I)(K) If the acquisition of only part of a property would	116
leave its owner with an uneconomic remnant, the head of the	117
acquiring agency concerned shall offer to acquire that remnant.	118
For the purposes of this division, an uneconomic remnant is a	119
parcel of real property in which the owner is left with an	120
interest after the partial acquisition of the owner's property and	121
which the head of the agency concerned has determined has little	122
or no value or utility to the owner.	123

Section 2. That existing section 163.59 of the Revised Code	124
is hereby repealed.	125