REPRESENTATIVES Seitz, Willamowski, Widowfield, Grendell, Oelslager, Harwood, DePiero, Driehaus, Allen, Barrett, Beatty, Boccieri, Book, Buehrer, Cates, Cirelli, Clancy, Daniels, DeBose, Distel, Domenick, C. Evans, Faber, Gilb, Hartnett, Hughes, Jerse, Key, Mason, Niehaus, T. Patton, Price, Raga, Raussen, Schmidt, Schneider, Sferra, Skindell, G. Smith, D. Stewart, J. Stewart, Strahorn, Yates

To amend sections 2305.09 and 2305.19 of the Revised

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Code to modify the period within which a plaintiff

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may commence a new action after the reversal of a

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judgment for the plaintiff or the plaintiff's

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failure otherwise than upon the merits, to include

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within the four-year statute of limitations for

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certain actions an action for relief on the

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grounds of a physical or regulatory taking of real

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property, and to declare an emergency.

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

Section 1. That sections 2305.09 and 2305.19 of the Revised	10
Code be amended to read as follows:	11

Sec. 2305.09.  An action for any of the following causes	12
shall be brought within four years after the cause thereof	13
accrued:	14

(A) For trespassing upon real property;

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(B) For the recovery of personal property, or for taking or	16
detaining it;	17

(C) For relief on the ground of fraud;

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(D) For an injury to the rights of the plaintiff not arising	19
on contract nor enumerated in sections 1304.35, 2305.10 to	20
2305.12, and 2305.14 and 1304.35 of the Revised Code;	21

(E) For relief on the grounds of a physical or regulatory	22
taking of real property.	23

If the action is for trespassing under ground or injury to	24
mines, or for the wrongful taking of personal property, the causes	25
thereof shall not accrue until the wrongdoer is discovered; nor,	26
if it is for fraud, until the fraud is discovered.	27

Sec. 2305.19. (A) In anany action that is commenced, or	28
attempted to be commenced, if in due time a judgment for the	29
plaintiff is reversed, or if the plaintiff fails otherwise than	30
upon the merits, and the time limited for the commencement of such	31
action at the date of reversal or failure has expired, the	32
plaintiff, or, if hethe plaintiff dies and the cause of action	33
survives, his representativesthe plaintiff's representative may	34
commence a new action within one year after suchthe date of the	35
reversal of the judgment or the plaintiff's failure otherwise than	36
upon the merits or within the period of the original applicable	37
statute of limitations, whichever occurs later. This provision	38
division applies to any claim asserted in any pleading by a	39
defendant. If	40

(B) If the defendant in an action described in division (A)	41
of this section is a foreign or domestic corporation, foreign or	42
domestic, and whether its charter prescribes the manner andor	43
place, or either, of service of process thereonon the defendant,	44
and if it passes into the hands of a receiver before the	45
expiration of suchthe one year period or the period of the	46
original applicable statute of limitations, whichever is	47
applicable, as described in that division, then service to be made	48
within theone year following suchthe original service or attempt	49
to begin the action may be made upon suchthat receiver or histhe	50
receiver's cashier, treasurer, secretary, clerk, or managing	51
agent, or if none of these officers can be found, by a copy left	52
at the office or the usual place of business of suchany of those	53
agents or officers of the receiver with the person having charge	54
thereofof the office or place of business. If suchthat	55
corporation is a railroad company, summons may be served on any	56
regular ticket or freight agent of the receiver, and if there is	57
no suchregular ticket or freight agent of the receiver, then upon	58
any conductor of the receiver, in any county in the state in which	59
the railroad is located. The summons shall be returned as if	60
served on suchthat defendant corporation.	61

Section 2. That existing sections 2305.09 and 2305.19 of the	62
Revised Code are hereby repealed.	63

Section 3. That Section 3 of Am. Sub. H.B. 51 of the 125th	64
General Assembly be amended to read as follows:	65

Sec. 3. (A) Sections 2106.01, 2106.02, 2107.19, 2109.301,and	66
2109.32, 2113.53, 2117.06, 2117.07, 2117.11, and 2117.12 of the	67
Revised Code, as amended by this actAm. Sub. H.B. 51 of the 125th	68
General Assembly, apply to estates that are in existence or are	69
initiated on or after the effective date of this actApril 8,	70
2004.	71

(B) Section 2101.163 of the Revised Code, as enacted by this	72
actAm. Sub. H.B. 51 of the 125th General Assembly, applies to	73
civil actions and proceedings that are pending in or brought	74
before the probate court on or after the effective date of this	75
actApril 8, 2004.	76

(C) Sections 2107.19, 2109.301, 2113.53, 2117.06, 2117.07,	77
2117.11, and 2117.12 of the Revised Code, as amended by this act,	78
apply to estates of decedents who die on or after April 8, 2004.	79

Section 4. That existing Section 3 of Am. Sub. H.B. 51 of the	80
125th General Assembly is hereby repealed.	81

Section 5. Sections 3 and 4 of this act shall take effect on	82
April 8, 2004.	83

Section 6. Sections 2305.09 and 2305.19 of the Revised Code	84
shall take effect ninety days after the effective date of this	85
act.	86

Section 7. This act is hereby declared to be an emergency	87
measure necessary for the immediate preservation of the public	88
peace, health, and safety. The reason for such necessity is to	89
prevent confusion and potential constitutional problems with the	90
application of certain provisions of Am. Sub. H.B. 51 of the 125th	91
General Assembly to pending decedent's estates. Therefore, this	92
act shall go into immediate effect.	93