SENATOR Robert Gardner

To amend sections 163.52 and 163.59 of the Revised

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Code to require acquiring state agencies to make

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every reasonable effort to provide a copy of the

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appraisal to the owner of real property appraised

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at more than $10,000, to require those agencies to

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update or obtain new appraisals under certain

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circumstances, and to specify that their

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acquisition of property must be for a defined

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public purpose that is to be achieved in a defined

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and reasonable period of time.

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

Section 1. That sections 163.52 and 163.59 of the Revised	11
Code be amended to read as follows:	12

Sec. 163.52.  (A) SectionThe failure of an acquiring agency	13
to satisfy a requirement of section 163.59 of the Revised Code	14
creates no rights or liabilities and shalldoes not affect the	15
validity of any property acquisitionsacquisition by purchase or	16
condemnation.	17

(B) Nothing in sections 163.51 to 163.62, inclusive, of the	18
Revised Code, shall be construed as creating, in any condemnation	19
proceeding brought under the power of eminent domain, any element	20
of value or damage not in existence immediately prior to the	21
effective date of such sectionsJune 11, 1971.	22

Sec. 163.59.  In order to encourage and expedite the	23
acquisition of real property by agreements with owners, to avoid	24
litigation and relieve congestion in the courts, to assure	25
consistent treatment for owners in the many state and federally	26
assisted programs, and to promote public confidence in public land	27
acquisition practices, heads of acquiring agencies shall, to the	28
greatest extent practicable, be guided bydo or ensure the	29
acquisition satisfies all of the following policies:	30

(A) The head of an acquiring agency shall make every	31
reasonable effort to acquire expeditiously real property by	32
negotiation.	33

(B) In order for an acquiring agency to acquire real	34
property, the acquisition shall be for a defined public purpose	35
that is to be achieved in a defined and reasonable period of time.	36
An acquisition of real property that complies with section 5501.31	37
of the Revised Code satisfies the defined public purpose	38
requirement of this division.	39

(C) Real property to be acquired shall be appraised before	40
the initiation of negotiations, and the owner or histhe owner's	41
designated representative shall be given ana reasonable	42
opportunity to accompany the appraiser during histhe appraiser's	43
inspection of the property, except that the head of the lead	44
agency may prescribe a procedure to waive the appraisal in cases	45
involving the acquisition by sale or donation of property with a	46
low fair market value. If the appraisal values the property to be	47
acquired at more than ten thousand dollars, the head of the	48
acquiring agency concerned shall make every reasonable effort to	49
provide a copy of the appraisal to the owner. As used in this	50
section, "appraisal" means a written statement independently and	51
impartially prepared by a qualified appraiser, or a written	52
statement prepared by an employee of the acquiring agency who is a	53
qualified appraiser, setting forth an opinion of defined value of	54
an adequately described property as of a specified date, supported	55
by the presentation and analysis of relevant market information.	56

(C)(D) Before the initiation of negotiations for real	57
property, the head of the acquiring agency concerned shall	58
establish an amount which hethat the head of the acquiring agency	59
believes to be just compensation thereforfor the property and	60
shall make a prompt offer to acquire the property for no less than	61
the full amount so established. In no event shall suchthat	62
amount be less than the agency's approved appraisal of the fair	63
market value of suchthe property. Any decrease or increase in	64
the fair market value of real property prior to the date of	65
valuation caused by the public improvement for which suchthe	66
property is acquired, or by the likelihood that the property would	67
be acquired for suchthat improvement, other than that due to	68
physical deterioration within the reasonable control of the owner,	69
will be disregarded in determining the compensation for the	70
property. The	71

The head of the acquiring agency concerned shall provide the	72
owner of real property to be acquired with a written statement of,	73
and summary of the basis for, the amount hethat the head of the	74
acquiring agency established as just compensation. Where	75
appropriate, the just compensation for the real property acquired	76
and for damages to remaining real property shall be separately	77
stated.	78

(D)The owner shall be given a reasonable opportunity to	79
consider the offer of the acquiring agency for the real property,	80
to present material that the owner believes is relevant to	81
determining the fair market value of the property, and to suggest	82
modification in the proposed terms and conditions of the	83
acquisition. The acquiring agency shall consider the owner's	84
presentation and suggestions.	85

(E) If information presented by the owner or a material	86
change in the character or condition of the real property	87
indicates the need for new appraisal information, or if a period	88
of more than two years has elapsed since the time of the appraisal	89
of the property, the head of the acquiring agency concerned shall	90
have the appraisal updated or obtain a new appraisal. If updated	91
appraisal information or a new appraisal indicates that a change	92
in the acquisition offer is warranted, the head of the acquiring	93
agency shall promptly reestablish the amount of the just	94
compensation for the property and offer that amount to the owner	95
in writing.	96

(F) No owner shall be required to surrender possession of	97
real property before the acquiring agency concerned pays the	98
agreed purchase price, or deposits with the court for the benefit	99
of the owner, an amount not less than the agency's approved	100
appraisal of the fair market value of suchthe property, or the	101
amount of the award of compensation in the condemnation proceeding	102
for suchthe property.	103

(E)(G) The construction or development of a public	104
improvement shall be so scheduled that no person lawfully	105
occupying real property shall be required to move from a dwelling,	106
or to move histhe person's business or farm operation, without at	107
least ninety days' written notice from the head of the acquiring	108
agency concerned, of the date by which suchthe move is required.	109

(F)(H) If the head of an acquiring agency permits an owner	110
or tenant to occupy the real property acquired on a rental basis	111
for a short term or for a period subject to termination on short	112
notice, the amount of rent required shall not exceed the fair	113
rental value of the property to a short-term occupier.	114

(G)(I) In no event shall the head of an acquiring agency	115
either advance the time of condemnation, or defer negotiations or	116
condemnation and the deposit of funds in court for the use of the	117
owner, or take any other action coercive in nature, in order to	118
compel an agreement on the price to be paid for the real property.	119

(H) If(J) When any interest in real property is to be	120
acquired by exercise of the power of eminent domain, the head of	121
the acquiring agency concerned shall institute the formal	122
condemnation proceedings. No head of an acquiring agency head	123
shall intentionally make it necessary for an owner to institute	124
legal proceedings to prove the fact of the taking of histhe	125
owner's real property.	126

(I)(K) If the acquisition of only part of a property would	127
leave its owner with an uneconomic remnant, the head of the	128
acquiring agency concerned shall offer to acquire that remnant.	129
For the purposes of this division, an uneconomic remnant is a	130
parcel of real property in which the owner is left with an	131
interest after the partial acquisition of the owner's property and	132
which the head of the agency concerned has determined has little	133
or no value or utility to the owner.	134

An acquisition of real property may continue while an	135
acquiring agency carries out the requirements of divisions (A) to	136
(K) of this section.	137

This section applies only when the acquisition of real	138
property may result in an exercise of the power of eminent domain.	139

Section 2. That existing sections 163.52 and 163.59 of the	140
Revised Code are hereby repealed.	141