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To amend sections 163.01, 163.02, 163.04, 163.05, | 1 |
163.06, 163.09, 163.12, 163.14, 163.15, 163.19, | 2 |
163.21, 163.53, 163.62, 303.26, 719.012, | 3 |
1728.01, 2505.02, and 3735.40 and to enact | 4 |
sections 1.08, 163.021, 163.041, 163.051, | 5 |
163.211, and 163.63 of the Revised Code to | 6 |
implement the recommendations of the Eminent | 7 |
Domain Task Force and to create other procedures | 8 |
to protect the rights of property owners. | 9 |
Section 1. That sections 163.01, 163.02, 163.04, 163.05, | 10 |
163.06, 163.09, 163.12, 163.14, 163.15, 163.19, 163.21, 163.53, | 11 |
163.62, 303.26, 719.012, 1728.01, 2505.02, and 3735.40 be | 12 |
amended and sections 1.08, 163.021, 163.041, 163.051, 163.211, | 13 |
and 163.63 of the Revised Code be enacted to read as follows: | 14 |
Sec. 1.08. As used in the Revised Code: | 15 |
(A) "Blighted area" and "slum" mean an area in which at least | 16 |
seventy per cent of the parcels are blighted parcels and those | 17 |
blighted parcels substantially impair or arrest the sound growth | 18 |
of the state or a political subdivision of the state, retard the | 19 |
provision of housing accommodations, constitute an economic or | 20 |
social liability, or are a menace to the public health, safety, | 21 |
morals, or welfare in their present condition and use. | 22 |
(B) "Blighted parcel" means either of the following: | 23 |
(1) A parcel that has one or more of the following | 24 |
conditions: | 25 |
(a) A structure that is dilapidated, unsanitary, unsafe, or | 26 |
vermin infested and that because of its condition has been | 27 |
designated by an agency that is responsible for the enforcement of | 28 |
housing, building, or fire codes as unfit for human habitation or | 29 |
use; | 30 |
(b) The property poses a direct threat to public health or | 31 |
safety in its present condition by reason of environmentally | 32 |
hazardous conditions, solid waste pollution, or contamination; | 33 |
(c) Tax or special assessment delinquencies exceeding the | 34 |
fair value of the land that remain unpaid thirty-five days after | 35 |
notice to pay has been mailed. | 36 |
(2) A parcel that has two or more of the following | 37 |
conditions that, collectively considered, adversely affect | 38 |
surrounding or community property values or entail land use | 39 |
relationships that cannot reasonably be corrected through existing | 40 |
zoning codes or other land use regulations: | 41 |
(a) Dilapidation and deterioration; | 42 |
(b) Age and obsolescence; | 43 |
(c) Inadequate provision for ventilation, light, air, | 44 |
sanitation, or open spaces; | 45 |
(d) Unsafe and unsanitary conditions; | 46 |
(e) Hazards that endanger lives or properties by fire or | 47 |
other causes; | 48 |
(f) Noncompliance with building, housing, or other codes; | 49 |
(g) Nonworking or disconnected utilities; | 50 |
(h) Is vacant or contains an abandoned structure; | 51 |
(i) Excessive dwelling unit density; | 52 |
(j) Is located in an area of defective or inadequate street | 53 |
layout; | 54 |
(k) Overcrowding of buildings on the land; | 55 |
(l) Faulty lot layout in relation to size, adequacy, | 56 |
accessibility, or usefulness; | 57 |
(m) Vermin infestation; | 58 |
(n) Extensive damage or destruction caused by a major | 59 |
disaster when the damage has not been remediated within a | 60 |
reasonable time; | 61 |
(o) Identified hazards to health and safety that are | 62 |
conducive to ill health, transmission of disease, juvenile | 63 |
delinquency, or crime; | 64 |
(p) Ownership or multiple ownership of a single parcel when | 65 |
the owner, or a majority of the owners of a parcel in the case of | 66 |
multiple ownership, cannot be located. | 67 |
(C) When determining whether a property is a blighted parcel | 68 |
or whether an area is a blighted area or slum for the purposes of | 69 |
this section, no person shall consider whether there is a | 70 |
comparatively better use for any premises, property, structure, | 71 |
area, or portion of an area, or whether the property could | 72 |
generate more tax revenues if put to another use. | 73 |
(D)(1) Notwithstanding any other provision of this section, | 74 |
absent any environmental or public health hazard that cannot be | 75 |
corrected under its current use or ownership, a property is not a | 76 |
blighted parcel because of any condition listed in division (B) of | 77 |
this section if the condition is consistent with conditions that | 78 |
are normally incident to generally accepted agricultural practices | 79 |
and the land is used for agricultural purposes as defined in | 80 |
section 303.01 or 519.01 of the Revised Code, or the county | 81 |
auditor of the county in which the land is located has determined | 82 |
under section 5713.31 of the Revised Code that the land is "land | 83 |
devoted exclusively to agricultural use" as defined in section | 84 |
5713.30 of the Revised Code. | 85 |
(2) A property that under division (D)(1) of this section is | 86 |
not a blighted parcel shall not be included in a blighted area or | 87 |
slum. | 88 |
Sec. 163.01. As used in sections 163.01 to 163.22 of the | 89 |
Revised Code: | 90 |
(A) "Public agency" means any governmental corporation, unit, | 91 |
organization, instrumentality, or officer authorized by law to | 92 |
appropriate
property in the courts of this state. | 93 |
(B) "Private agency" means any
| 94 |
partnership, voluntary association, joint-stock association, or | 95 |
company that is not a public agency and that is authorized by law | 96 |
to
appropriate property in the courts of this state. | 97 |
98 |
(C) "Agency" means any public agency or private agency. | 99 |
| 100 |
or the probate court of any county in which the property sought to | 101 |
be appropriated is located in whole or in part. | 102 |
| 103 |
association, or corporation having any estate, title, or interest | 104 |
in any real property sought to be appropriated. | 105 |
| 106 |
estate, title, or interest in any real property | 107 |
authorized to be appropriated by the agency in question, unless | 108 |
the context otherwise requires. | 109 |
(G) "Public utility" has the same meaning as in section | 110 |
4905.02 of the Revised Code and also includes a public utility | 111 |
owned or operated by one or more municipal corporations, an | 112 |
electric cooperative, and an agency holding a certificate of | 113 |
public convenience and necessity granted by the federal energy | 114 |
regulatory commission. | 115 |
(H)(1) "Public use" does not include any taking that is for | 116 |
conveyance to a private commercial enterprise, economic | 117 |
development, or solely for the purpose of increasing public | 118 |
revenue, unless the property is conveyed or leased to one of the | 119 |
following: | 120 |
(a) A public utility, municipal power agency, or common | 121 |
carrier; | 122 |
(b) A private entity that occupies a port authority | 123 |
transportation facility or an incidental area within a publicly | 124 |
owned and occupied project; | 125 |
(c) A private entity when the agency that takes the property | 126 |
establishes by a preponderance of the evidence that the property | 127 |
is a blighted parcel or is included in a blighted area. | 128 |
(2) All of the following are presumed to be public uses: | 129 |
utility facilities, roads, sewers, water lines, public schools, | 130 |
public institutions of higher education, private institutions of | 131 |
higher education that are authorized to appropriate property under | 132 |
section 3333.08 of the Revised Code, public parks, government | 133 |
buildings, port authority transportation facilities, projects by | 134 |
an agency that is a public utility, and similar facilities and | 135 |
uses of land. | 136 |
(I) "Electric cooperative" has the same meaning as in section | 137 |
4928.01 of the Revised Code. | 138 |
(J) "Good faith offer" means the written offer that an agency | 139 |
that is appropriating property must make to the owner of the | 140 |
property pursuant to division (B) of section 163.04 of the Revised | 141 |
Code before commencing an appropriation proceeding. | 142 |
(K) "Goodwill" means the calculable benefits that accrue to a | 143 |
business as a result of its location, reputation for | 144 |
dependability, skill or quality, and any other circumstances that | 145 |
result in probable retention of old, or acquisition of new, | 146 |
patronage. | 147 |
(L) "Municipal power agency" has the same meaning as in | 148 |
section 3734.058 of the Revised Code. | 149 |
(M) "Port authority transportation facility" means any | 150 |
facility developed, controlled, or operated by a port authority | 151 |
for the purpose of providing passenger, cargo, or freight | 152 |
transportation services, such as airports, maritime ports, rail | 153 |
facilities, transit facilities, and support facilities directly | 154 |
related to any airport, maritime port, rail facility, or transit | 155 |
facility. | 156 |
Sec. 163.02. (A) | 157 |
158 | |
property shall be made pursuant to sections 163.01 to 163.22 of | 159 |
the Revised Code, except as otherwise provided in this section, | 160 |
as otherwise provided to abate a health nuisance or because of a | 161 |
public exigency as provided in division (B) of section 307.08, | 162 |
6101.181, 6115.221, 6117.39, or 6119.11 or division (D) of | 163 |
section 504.19 of the Revised Code, or as otherwise provided to | 164 |
abate a health nuisance or because of a public exigency as | 165 |
provided in a municipal charter or ordinance. | 166 |
(B) | 167 |
of transportation may appropriate real property pursuant to | 168 |
sections 163.01 to 163.22 of the Revised Code or as otherwise | 169 |
provided by law. | 170 |
(C) | 171 |
172 | |
173 |
| 174 |
175 | |
176 |
| 177 |
178 | |
authority to appropriate real property other than under sections | 179 |
163.01 to 163.22 of the
Revised Code, | 180 |
proceeding to appropriate real property is subject to division (B) | 181 |
of section 163.21 of the Revised Code. | 182 |
| 183 |
184 | |
185 | |
186 | |
187 | |
188 |
| 189 |
190 | |
191 |
(1) The name of the agency | 192 |
benefit of the real property | 193 |
by section 5301.012 of the Revised Code; | 194 |
(2) A statement of the purpose of the appropriation as | 195 |
provided with the appropriation petition; | 196 |
(3) A statement that the prior owner possesses a right of | 197 |
repurchase pursuant to section 163.211 of the Revised Code if the | 198 |
agency decides not to use the property for the purpose stated in | 199 |
the appropriation petition and the owner provides timely notice of | 200 |
a desire to repurchase. Nothing in this section affects the | 201 |
authority of the director of transportation to convey unneeded | 202 |
property pursuant to division (F) of section 5501.34 of the | 203 |
Revised Code. | 204 |
(E) Nothing in this chapter precludes any person from | 205 |
voluntarily conveying a property to an agency that is considering | 206 |
appropriating the property or that offers to purchase the property | 207 |
under threat of appropriation. Any such voluntary conveyance of a | 208 |
property to an agency is deemed for all purposes to be a sale | 209 |
under the threat of appropriation for a public use. This division | 210 |
applies to a voluntary conveyance to an agency regardless of | 211 |
whether the property is a blighted property or is located in a | 212 |
blighted area, or the property subsequently could be found for any | 213 |
reason not to qualify for appropriation by the agency. | 214 |
Sec. 163.021. (A) No agency shall appropriate real property | 215 |
except as necessary and for a public use. In any appropriation, | 216 |
the taking agency shall show by a preponderance of the evidence | 217 |
that the taking is necessary and for a public use. | 218 |
(B) Before an agency appropriates property based on a finding | 219 |
that the area is a blighted area or a slum, the agency shall do | 220 |
both of the following: | 221 |
(1) Adopt a comprehensive development plan that describes the | 222 |
public need for the property. The plan shall include at least one | 223 |
study documenting the public need. All of the costs of developing | 224 |
the plan shall be publicly financed. | 225 |
(2) If the agency is governed by a legislative body, obtain a | 226 |
resolution from that legislative body affirming the public need | 227 |
for the property. | 228 |
(C) No park board, park district, board of directors of a | 229 |
conservancy district, incorporated association with a purpose of | 230 |
establishing or preserving public parks and memorial sites, or | 231 |
similar park authority shall exercise any power of eminent domain | 232 |
to appropriate real property outside the county or counties in | 233 |
which the park authority is located unless the appropriation has | 234 |
the written approval of the legislative authority of each county | 235 |
in which the property is located, other than the county or | 236 |
counties in which the park authority is located. | 237 |
(D) No agency shall appropriate property based on a finding | 238 |
that the parcel is a blighted parcel or that the area is a | 239 |
blighted area or slum by making that finding in, or in conjunction | 240 |
with, an emergency ordinance or resolution. | 241 |
(E) If an appropriation is by a public agency that is not | 242 |
elected and an owner has provided the public agency with a written | 243 |
objection to the appropriation, the elected officials of the | 244 |
public agency or elected individual that appointed the unelected | 245 |
agency may veto that appropriation. If the unelected public | 246 |
agency was appointed by more than one public agency or elected | 247 |
individual, a majority vote of the elected officials of the | 248 |
appointing public agencies or elected individuals is required to | 249 |
veto the appropriation. If the public agency that is not elected | 250 |
is a state agency or instrumentality such as a university, the | 251 |
governor has the veto authority. The governor may delegate that | 252 |
authority but may not delegate that authority to the unelected | 253 |
agency that seeks the appropriation. | 254 |
Sec. 163.04. | 255 |
thirty days before filing a petition pursuant to section 163.05 of | 256 |
the Revised Code, an agency shall provide notice to the owner of | 257 |
the agency's intent to acquire the property. The notice shall be | 258 |
substantially in the form set forth in section 163.041 of the | 259 |
Revised Code. The notice shall be delivered personally on, or by | 260 |
certified mail to, the owner of the property or the owner's | 261 |
designated representative. | 262 |
(B) Together with the notice that division (A) of this | 263 |
section requires, or after providing that notice but not less than | 264 |
thirty days before filing a petition pursuant to section 163.05 of | 265 |
the Revised Code, an agency shall provide an owner with a written | 266 |
good faith offer to purchase the property. The agency may revise | 267 |
that offer if before commencing an appropriation proceeding the | 268 |
agency becomes aware of conditions indigenous to the property that | 269 |
could not reasonably have been discovered at the time of the | 270 |
initial good faith offer or if the agency and the owner exchange | 271 |
appraisals prior to the filing of the petition. | 272 |
(C) An agency may appropriate real property only after the | 273 |
agency obtains an appraisal of the property and provides a copy | 274 |
of the appraisal to the owner or, if more than one, each owner | 275 |
or to the guardian or trustee of each owner. The agency need not | 276 |
provide an owner with a copy of the appraisal when that owner is | 277 |
incapable of contracting in person or by agent to convey the | 278 |
property and has no guardian or trustee or is unknown, or the | 279 |
residence of the owner cannot with reasonable diligence be | 280 |
ascertained. When the appraisal indicates that the property is | 281 |
worth less than ten thousand dollars, the agency need only | 282 |
provide an owner, guardian, or trustee with a summary of the | 283 |
appraisal. The agency shall provide the copy or summary of the | 284 |
appraisal to an owner, guardian, or trustee at or before the time | 285 |
the agency makes its first offer to purchase the property. A | 286 |
public utility or the head of a public agency may prescribe a | 287 |
procedure to waive the appraisal in cases involving the | 288 |
acquisition by sale or donation of property with a fair market | 289 |
value of ten thousand dollars or less. | 290 |
(D) An agency may appropriate real property only after the | 291 |
agency is unable to agree on a conveyance or the terms of a | 292 |
conveyance, for any reason, with | 293 |
294 | |
owner unless each owner is incapable of contracting in person or | 295 |
by agent to convey the property and has no guardian or trustee, | 296 |
each owner is unknown | 297 |
the residence of each owner is unknown to the agency and | 298 |
the residence of no owner can with reasonable diligence be | 299 |
ascertained. | 300 |
(E) An agency may appropriate real property for projects that | 301 |
will disrupt the flow of traffic or impede access to property only | 302 |
after the agency makes reasonable efforts to plan the project in a | 303 |
way that will limit those effects. This division does not apply to | 304 |
an agency if it initiated the project for which it appropriates | 305 |
the property under Title LV of the Revised Code. | 306 |
Sec. 163.041. Before initiating an appropriation action, an | 307 |
agency shall provide notice to each property owner as required by | 308 |
division (A) of section 163.04 of the Revised Code. The notice | 309 |
shall be substantially in the following form: | 310 |
311 | |
TO: .................... (owner(s)) DATE: ............. | 312 |
.......... (agency) needs your property for a .......... | 313 |
(description of the project) and will need to acquire the | 314 |
following from you: | 315 |
.................... (general description of the property or | 316 |
easement to be acquired). | 317 |
Ohio law authorizes .......... (agency) to obtain your property or | 318 |
an easement across your property for certain public purposes. The | 319 |
legal description of your property that .......... (agency) needs | 320 |
is: (is attached:) | 321 |
We will be presenting you with a written offer based on our | 322 |
determination of the fair market value of your property. You will | 323 |
have ...... days (minimum of ten) from the time you receive that | 324 |
offer to accept or reject the offer. We will be willing to | 325 |
discuss the offer with you during that time. You are not required | 326 |
to accept that offer. If you reject the offer or we are unable to | 327 |
come to an agreement, we may have to exercise our eminent domain | 328 |
authority to appropriate your property, which requires a court | 329 |
procedure. In a court proceeding, you may disagree with any of | 330 |
the following: whether the project is necessary (except in quick | 331 |
takes), whether the project is a public use (except in quick | 332 |
takes), whether your property is blighted (if applicable), and | 333 |
whether our offer reflects the fair market value of the property. | 334 |
HERE IS A BRIEF SUMMARY OF YOUR OPTIONS AND LEGALLY PROTECTED | 335 |
RIGHTS: | 336 |
1. By law, .......... (agency) is required to make a good | 337 |
faith effort to purchase (your property) (an easement across your | 338 |
property). | 339 |
2. You do not have to accept this offer and .......... | 340 |
(agency) is not required to agree to your demands. | 341 |
3. If you do not accept this offer, and we cannot come to an | 342 |
agreement on the acquisition of (your property)(an easement), | 343 |
.......... (agency) has the right to file suit to acquire the | 344 |
(property)(easement) by eminent domain in the county in which the | 345 |
property is located. | 346 |
4. You have the right to seek the advice of an attorney, real | 347 |
estate appraiser, or any other person of your choice in this | 348 |
matter. | 349 |
5. (this paragraph does not apply to private agencies or to | 350 |
municipally owned public utilities) You have a right to appeal | 351 |
this decision and may object to this project's public purpose, | 352 |
necessity, designation of blight (if applicable), or valuation by | 353 |
writing, within ten business days of receiving this notice, to: | 354 |
.................... (name(s) and address(es) of the taking | 355 |
agency, as well as to the elected official(s) who appointed the | 356 |
taking agency if the taking agency is not elected). | 357 |
(The elected official)(A majority of the elected officials) | 358 |
that appointed .......... (unelected agency) has/have the | 359 |
discretion to veto this project, and if they do so, it will not | 360 |
proceed. (This applies only if the taking agency is a public | 361 |
agency composed of officials who were not elected.) | 362 |
6. We are required by law to provide you with a written offer | 363 |
and the appraisal or summary appraisal on which we base that | 364 |
offer (public agencies and public utilities may delete this phrase | 365 |
for properties valued at less than $10,000 if they have adopted | 366 |
alternate procedures). | 367 |
After a trial, a jury will decide the amount you are to be | 368 |
awarded for your property that is taken, for the damage that is | 369 |
caused by the taking, if applicable, and for other damages | 370 |
permitted by law, which could either exceed or be less than our | 371 |
offer. During the court proceeding, you have the right to testify | 372 |
as to the value of your property, and you and the agency are | 373 |
entitled to present evidence of the fair market value of the | 374 |
property (easement). | 375 |
You may employ, at your own expense, appraisers and attorneys | 376 |
to represent you at this time or at any time during the | 377 |
proceedings described in this notice. | 378 |
If we go to court to determine the amount we pay for your | 379 |
property and the jury awards you an amount that is significantly | 380 |
in excess of a good faith offer, revised offer, or offer made | 381 |
after an exchange of appraisals, as provided by law, you may be | 382 |
entitled to recover attorney's fees, costs, and expenses, subject | 383 |
to certain statutory limits. | 384 |
If we go to court to determine whether the project is | 385 |
necessary or for a public use, and the court decides that it is | 386 |
not necessary or not for a public use, the judge shall award you | 387 |
your full amount of attorney's fees, costs, and expenses. | 388 |
You also have the right to request that the issue of the | 389 |
value of your property be submitted to nonbinding mediation. You | 390 |
must submit your written request for mediation within ten business | 391 |
days after you file an answer to the agency's petition for an | 392 |
appropriation proceeding. If a settlement is not reached at | 393 |
mediation, the matter will proceed to a jury valuation trial. | 394 |
If you have any questions concerning this matter, you may | 395 |
contact us at: | 396 |
.................... (full name, mailing, and street address, and | 397 |
phone of the agency) | 398 |
.................... (signature of contact person) | 399 |
.................... (printed name and title of contact person) | 400 |
Agent of .................... (if different than agency) | 401 |
Sec. 163.05. An agency | 402 |
of
| 403 |
commence proceedings in a proper court by filing a petition for | 404 |
appropriation of each parcel or contiguous parcels in a single | 405 |
common ownership, or interest or right therein. The petition of a | 406 |
private agency
shall
be verified as in a civil action | 407 |
All petitions shall contain: | 408 |
(A) A description of each parcel of land or interest or right | 409 |
therein sought to be appropriated, such as will permit ready | 410 |
identification of the land involved; | 411 |
(B) | 412 |
413 | |
case of a public agency, a copy of the resolution of the public | 414 |
agency to appropriate; | 415 |
(2) If the property being appropriated is a blighted parcel | 416 |
that is being appropriated pursuant to a redevelopment plan, a | 417 |
statement that shows the basis for the finding of blight and that | 418 |
supports that the parcel is part of a blighted area pursuant to | 419 |
the definition in section 1.08 of the Revised Code. | 420 |
(C) A statement of the purpose of the appropriation; | 421 |
(D) A statement of the estate or interest sought to be | 422 |
appropriated; | 423 |
(E) The names and addresses of the owners, so far as they can | 424 |
be ascertained; | 425 |
(F) A statement showing requirements of section 163.04 of the | 426 |
Revised Code have been met; | 427 |
(G) A prayer for the appropriation | 428 |
| 429 |
require less than the whole of any parcel containing a residence | 430 |
structure and the required portion would remove a garage and | 431 |
sufficient land that a replacement garage could not be lawfully or | 432 |
practically attached, the appropriation shall be for the whole | 433 |
parcel and all structures unless, at the discretion of the owner, | 434 |
the owner waives this requirement, in which case the agency shall | 435 |
appropriate only the portion that the agency requires as well as | 436 |
the entirety of any structure that is in whole or in part on the | 437 |
required portion. | 438 |
In the event of the appropriation of less than the fee of any | 439 |
parcel or of a fee in less than the whole of any parcel of | 440 |
property, the agency shall either make available to the owner or | 441 |
shall file in the office of the county engineer, a description of | 442 |
the nature of the improvement or use which requires the | 443 |
appropriation, including any specifications, elevations, and grade | 444 |
changes already determined at the time of the filing of the | 445 |
petition, in sufficient detail to permit a determination of the | 446 |
nature, extent, and effect of the taking and improvement. A set of | 447 |
highway construction plans shall be acceptable in providing such | 448 |
description for the purposes of the preceding sentence in the | 449 |
appropriation of land for highway purposes. | 450 |
Sec. 163.051. Either an owner of property or an agency may | 451 |
request that the issue of the value of the property be submitted | 452 |
to nonbinding mediation. Any request for mediation shall be made | 453 |
in writing within ten business days after the owner files an | 454 |
answer pursuant to section 163.08 of the Revised Code. The court | 455 |
shall appoint a mediator, and the mediation shall be conducted and | 456 |
concluded within fifty days after the owner filed an answer. Only | 457 |
a judge may extend the time for concluding the mediation, and the | 458 |
judge may do so only for the reason of an inability to obtain an | 459 |
appraisal. The agency shall pay the cost of mediation. | 460 |
Sec. 163.06. (A) A public agency, other than an agency | 461 |
appropriating property for the purposes described in division (B) | 462 |
of this section, | 463 |
Article I, Ohio Constitution, may deposit with the court at the | 464 |
time of filing the petition the value of such property | 465 |
appropriated together with the damages, if any, to the residue, as | 466 |
determined by the public agency, and thereupon take possession of | 467 |
and enter upon the property appropriated. The right of possession | 468 |
upon deposit as provided in this division shall not extend to | 469 |
structures. | 470 |
(B) A public agency appropriating property for the purpose of | 471 |
making or repairing roads which shall be open to the public, | 472 |
without charge, or for the purpose of implementing rail service | 473 |
under Chapter 4981. of the Revised Code, may deposit with the | 474 |
court at the time of filing the petition the value of such | 475 |
property appropriated together with the damages, if any, to the | 476 |
residue, as determined by the public agency, and stated in an | 477 |
attached declaration of intention to obtain possession and | 478 |
thereupon take possession of and enter upon the property | 479 |
appropriated, including structures situated upon the land | 480 |
appropriated for such purpose or situated partly upon the land | 481 |
appropriated therefor and partly upon adjoining land, so that such | 482 |
structures cannot be divided upon the line between such lands | 483 |
without manifest injury thereto. The jury, in assessing | 484 |
compensation to any owner of land appropriated under this division | 485 |
shall assess the value thereof in accordance with section 163.14 | 486 |
of the Revised Code. The owner or occupant of such structures | 487 |
shall vacate the same within sixty days after service of summons | 488 |
as required under section 163.07 of the
Revised Code, | 489 |
490 | |
remove said structures. In the event such structures are to be | 491 |
removed before the jury has fixed the value of the same, the | 492 |
court, upon motion of the agency, shall: | 493 |
(1) Order appraisals to be made by three persons, one to be | 494 |
named by the owner, one by the county auditor, and one by the | 495 |
agency. Such appraisals may be used as evidence by the owner or | 496 |
the agency in the trial of said case but shall not be binding on | 497 |
said owner, agency, or the jury, and the expense of said | 498 |
appraisals shall be approved by the court and charged as costs in | 499 |
said case. | 500 |
(2) Cause pictures to be taken of all sides of said | 501 |
structures; | 502 |
(3) Compile a complete description of said structures, which | 503 |
shall be preserved as evidence in said case to which the owner or | 504 |
occupants shall have access. | 505 |
(C) Any time after the deposit is made by the public agency | 506 |
under division (A) or (B) of this section, the owner may apply to | 507 |
the court to withdraw the deposit, and such withdrawal shall in no | 508 |
way interfere with the action except that the sum so withdrawn | 509 |
shall be deducted from the sum of the final verdict or award. Upon | 510 |
such application being made the court shall direct that the sum be | 511 |
paid to such owner subject to the rights of other parties in | 512 |
interest provided such parties make timely application as provided | 513 |
in section 163.18 of the Revised Code. Interest shall not accrue | 514 |
on any sums withdrawable as provided in this division. | 515 |
Sec. 163.09. (A) If no answer is filed pursuant to section | 516 |
163.08 of the Revised Code, and no approval ordered by the court | 517 |
to a settlement of the rights of all necessary parties, the court, | 518 |
on motion of a public agency, shall declare the value of the | 519 |
property taken and the damages, if any, to the residue to be as | 520 |
set forth in any document properly filed with the clerk of the | 521 |
court of common pleas by the public agency. In all other cases, | 522 |
the court shall fix a time, within twenty days from the last date | 523 |
that the answer could have been filed, for the assessment of | 524 |
compensation by a jury. | 525 |
(B)(1) When an answer is filed pursuant to section 163.08 of | 526 |
the Revised Code and any of the matters relating to the right to | 527 |
make the appropriation, the inability of the parties to agree, or | 528 |
the necessity for the appropriation are specifically denied in the | 529 |
manner provided in that section, the court shall set a day, not | 530 |
less than five or more than fifteen days from the date the answer | 531 |
was filed, to hear those matters. Upon those matters, the burden | 532 |
of proof is upon the | 533 |
evidence except as follows: | 534 |
(a) A resolution or ordinance of the governing or controlling | 535 |
body, council, or board of the agency declaring the necessity for | 536 |
the appropriation | 537 |
rebuttable presumption of | 538 |
539 | |
540 | |
appropriating the property because it is a blighted parcel or part | 541 |
of a blighted area or slum. | 542 |
(b) The presentation by a public utility or common carrier of | 543 |
evidence of the necessity for the appropriation creates a | 544 |
rebuttable presumption of the necessity for the appropriation. | 545 |
(c) Approval by a state or federal regulatory authority of an | 546 |
appropriation by a public utility or common carrier creates an | 547 |
irrebuttable presumption of the necessity for the appropriation. | 548 |
(2) Subject to the irrebuttable presumption in division | 549 |
(B)(1)(c) of this section, only the judge may determine the | 550 |
necessity of the appropriation. If, as to any or all of the | 551 |
property or other interests sought to be appropriated, the court | 552 |
determines the matters in favor of the agency, the court shall set | 553 |
a time for the
assessment of compensation by the jury | 554 |
555 | |
journalization of that determination, subject to the right of the | 556 |
parties to request mediation under section 163.051 of the Revised | 557 |
Code and the right of the owner to an immediate appeal under | 558 |
division (B)(3) of this
section. | 559 |
division (B)(3) of this section, an order of the court in favor | 560 |
of the agency on any of the matters or on qualification under | 561 |
section 163.06 of the Revised Code shall not be a final order for | 562 |
purposes of appeal. An order of the court against the agency on | 563 |
any of the matters or on the question of qualification under | 564 |
section 163.06 of the Revised Code shall be a final order for | 565 |
purposes of appeal. If a public agency has taken possession prior | 566 |
to such an order and such an order, after any appeal, is against | 567 |
the agency on any of the matters, the agency shall restore the | 568 |
property to the owner in its original condition or respond in | 569 |
damages, which may include the items set forth in division (A)(2) | 570 |
of section 163.21 of the Revised Code, recoverable by civil | 571 |
action, to which the state consents. | 572 |
(3) An owner has a right to an immediate appeal if the order | 573 |
of the court is in favor of the agency in any of the matters the | 574 |
owner denied in the answer, unless the agency is appropriating | 575 |
property in time of war or other public exigency imperatively | 576 |
requiring its immediate seizure, for the purpose of making or | 577 |
repairing roads which shall be open to the public without charge, | 578 |
for the purpose of implementing rail service under Chapter 4981. | 579 |
of the Revised Code, or under section 307.08, 504.19, 6101.181, | 580 |
6115.221, 6117.39, or 6119.11 of the Revised Code or by a public | 581 |
utility owned and operated by a municipal corporation as the | 582 |
result of a public exigency. | 583 |
(C) When an answer is filed pursuant to section 163.08 of the | 584 |
Revised Code, and none of the matters set forth in division (B) of | 585 |
this section is specifically denied, the court shall fix a time | 586 |
within twenty days from the date the answer was filed for the | 587 |
assessment of compensation by a jury. | 588 |
(D) If answers are filed pursuant to divisions (B) and (C) of | 589 |
this section, or an answer is filed on behalf of fewer than all | 590 |
the named owners, the court shall set the hearing or hearings at | 591 |
such times as are reasonable under all the circumstances, but in | 592 |
no event later than twenty days after the issues are joined as to | 593 |
all necessary parties or twenty days after rule therefor, | 594 |
whichever is earlier. | 595 |
(E) The court, with the consent of the parties, may order two | 596 |
or more cases to be consolidated and tried together, but the | 597 |
rights of each owner to compensation, damages, or both shall be | 598 |
separately determined by the jury in its verdict. | 599 |
(F) If an answer is filed under section 163.08 of the Revised | 600 |
Code with respect to the value of property | 601 |
602 | |
603 | |
fact shall determine that value based on the evidence presented, | 604 |
with neither party having the burden of proof with respect to | 605 |
that value | 606 |
607 |
(G) If the court determines the matter in the favor of the | 608 |
owner as to the necessity of the appropriation or whether the use | 609 |
for which the agency seeks to appropriate the property is a public | 610 |
use, in a final, unappealable order, the court shall award the | 611 |
owner reasonable attorney's fees, expenses, and costs. | 612 |
Sec. 163.12. (A) A view of the premises to be appropriated | 613 |
or of premises appropriated shall be ordered by the court when | 614 |
615 |
(B) The property owners shall open and close the case except | 616 |
that, if the premises are appropriated under section 163.06, | 617 |
307.08, 504.19, 6101.181, 6115.221, 6117.39, or 6119.11 of the | 618 |
Revised Code as the result of a public exigency, the party or | 619 |
parties other than the owners shall open and close the case. | 620 |
(C) The court may amend any defect or informality in | 621 |
proceedings under sections 163.01 to 163.22 of the Revised Code. | 622 |
The court may cause new parties to be added and direct further | 623 |
notice to be given to a party in interest as the court considers | 624 |
proper. | 625 |
(D) No part of the pleadings | 626 |
be read or exhibited to the jury. | 627 |
Sec. 163.14. (A) In appropriation proceedings the jury shall | 628 |
be sworn to impartially assess the compensation and damages, if | 629 |
any, without deductions for general benefits as to the property | 630 |
of the owner. | 631 |
(B) The jury, in its verdict, shall assess the compensation | 632 |
for the property appropriated and damages, if any, to the residue, | 633 |
to be paid to the owners. When a building or other structure is on | 634 |
the property appropriated or when a building or other structure is | 635 |
situated partly upon the land appropriated and partly upon | 636 |
adjoining land so that the structure cannot be divided upon the | 637 |
line between such lands without manifest injury thereto, the jury, | 638 |
in assessing compensation to any owner of the land, shall assess | 639 |
the value thereof, as part of the compensation. The title to said | 640 |
structure shall vest in the agency which shall have the right to | 641 |
enter upon the adjoining land upon which any part of the structure | 642 |
is located for the purpose of removing said structure therefrom, | 643 |
after deposit in accordance with the verdict. Such removal shall | 644 |
be made within ninety days after taking title to the property | 645 |
appropriated; provided, that the court may extend removal time | 646 |
upon such conditions as the court requires. | 647 |
(C) The jury, in its verdict, shall assess compensation to | 648 |
the owner of a business conducted on the property taken for loss | 649 |
of goodwill if the owner proves both of the following: | 650 |
(1) The loss is caused by the taking of the property; | 651 |
(2) The loss cannot reasonably be prevented by relocation of | 652 |
the business or by taking steps and adopting procedures that a | 653 |
reasonably prudent person would take and adopt in preserving the | 654 |
goodwill. | 655 |
Compensation for loss of goodwill shall not be included in | 656 |
payments made under section 163.53 of the Revised Code, shall not | 657 |
be duplicated in any compensation otherwise awarded to the owner, | 658 |
shall not exceed ten thousand dollars, and shall not be awarded in | 659 |
appropriations of less than the entirety of the business property. | 660 |
(D) The verdict shall be signed by at least three-fourths of | 661 |
the members of the jury. | 662 |
(E) If a jury is discharged without rendering a verdict, | 663 |
another shall be impaneled at the earliest convenient time and | 664 |
shall make the inquiry and assessment. | 665 |
Sec. 163.15. (A) As soon as the agency pays to the party | 666 |
entitled thereto or deposits with the court the amount of the | 667 |
award and the costs assessed against the agency, it may take | 668 |
possession; provided, that this shall not be construed to limit | 669 |
the right of a public agency to enter and take possession, as | 670 |
provided in section 163.06 of the Revised Code. When the agency is | 671 |
entitled to possession the court shall enter an order to such | 672 |
effect upon the record and, if necessary, process shall be issued | 673 |
to place the agency in possession. Whenever a final journal entry | 674 |
in an appropriation proceeding, granting to this state a fee title | 675 |
or any lesser estate or interest in real property is filed and | 676 |
journalized by the clerk of courts, the clerk of courts shall | 677 |
forthwith transmit to the county auditor a certified copy of said | 678 |
final journal entry
who shall transfer the property on | 679 |
auditor's books and transmit said entry with proper endorsement to | 680 |
the county recorder for recording. The costs of filing such final | 681 |
journal entry with the county auditor and the county recorder | 682 |
shall be taxed as costs in the appropriation proceedings the same | 683 |
as other costs are taxed under section 163.16 of the Revised Code. | 684 |
(B)(1) Whenever the appropriation of real property requires | 685 |
the owner, a commercial tenant, or a residential tenant identified | 686 |
by the owner in a notice filed with the court to move or relocate, | 687 |
the agency shall make a payment to that person, upon proper | 688 |
application as approved by the agency, for all of the following: | 689 |
(a) Actual reasonable expenses in moving the person and the | 690 |
person's family, business, farm operation, or other personal | 691 |
property; | 692 |
(b) Actual direct losses of tangible personal property as a | 693 |
result of moving or discontinuing a business or farm operation, | 694 |
but not to exceed an amount equal to the reasonable expenses that | 695 |
would have been required to relocate such property, as determined | 696 |
by the agency; | 697 |
(c) Actual reasonable expenses in searching for a replacement | 698 |
business or farm, but not to exceed two thousand five hundred | 699 |
dollars; | 700 |
(d) Actual and reasonable expenses necessary to reestablish a | 701 |
farm, nonprofit organization, or small business at its new site, | 702 |
but not to exceed ten thousand dollars. | 703 |
(2) If the agency does not approve a payment for which the | 704 |
owner applied under division (B)(1) of this section, the trier of | 705 |
fact, upon presentation of proof, shall determine whether to award | 706 |
a payment for the expenses described in division (B)(1) of this | 707 |
section and the amount of any award. The owner shall have the | 708 |
burden of proof with respect to those expenses. | 709 |
(3)(a) In addition to any payments an owner of a business may | 710 |
receive under division (B)(1) of this section, an owner of a | 711 |
business who is required by an appropriation of real property to | 712 |
relocate the business may recover damages for the owner's actual | 713 |
economic loss resulting from the appropriation, as proven by the | 714 |
owner by a preponderance of the evidence. Compensation for actual | 715 |
economic loss under this division shall not include any attorney's | 716 |
fees and shall not duplicate any amount awarded as compensation | 717 |
under this chapter. | 718 |
(b) The amount of compensation awarded under division | 719 |
(B)(3)(a) of this section shall not exceed twelve months net | 720 |
profit of the business on an annualized basis. Except as otherwise | 721 |
provided in division (B)(3)(c) of this section, if the agency is | 722 |
appropriating property in time of war or other public exigency | 723 |
imperatively requiring its immediate seizure, for the purpose of | 724 |
making or repairing roads that shall be open to the public without | 725 |
charge, for the purpose of implementing rail service under Chapter | 726 |
4981. of the Revised Code, or under section 307.08, 504.19, | 727 |
6101.181, 6115.221, 6117.39, or 6119.11 of the Revised Code as the | 728 |
result of a public exigency, or the agency is a municipal | 729 |
corporation that is appropriating property as a result of a public | 730 |
exigency, the period for which the net profit of the business is | 731 |
calculated shall be twelve months minus the time period from the | 732 |
date the agency gives the notice required by section 163.04 of the | 733 |
Revised Code to the date the agency deposits the value of the | 734 |
property with the court pursuant to section 163.06 of the Revised | 735 |
Code or pays that amount to the owner, but in no event shall the | 736 |
compensation time period be less than fifteen days. If the period | 737 |
on which the loss is calculated is reduced to fifteen days and the | 738 |
relocation is unusually complex, the owner may request the agency | 739 |
to increase that period by up to fifteen additional days. If the | 740 |
agency fails to pay the compensation as provided under division | 741 |
(B)(3)(a) of this section or denies the request, the owner may | 742 |
seek an award of such compensation pursuant to this section. | 743 |
(c) In case of an act of God or other public exigency that | 744 |
requires an immediate taking of property to protect public health | 745 |
or safety or in case of a voluntary conveyance, the amount of | 746 |
compensation awarded under division (B)(3)(a) of this section | 747 |
shall not exceed fifteen days net profit of the business on an | 748 |
annualized basis. Theowner may request the agency to increase | 749 |
that period by up to fifteen additional days.If the agencyfails | 750 |
to pay the compensation as provided under division (B)(3)(a) of | 751 |
this section or denies the request, the owner may seek an award of | 752 |
such compensation pursuant to this section. | 753 |
Sec. 163.19. Subject to sections 163.07 and 163.09 of the | 754 |
Revised Code, any party may prosecute appeals as in other civil | 755 |
actions from the judgment of the
court. | 756 |
757 | |
758 | |
759 | |
760 | |
761 | |
762 |
The owner may request, and the court may grant, a stay on | 763 |
appeal, provided that the owner posts a supersedeas bond in an | 764 |
amount the court determines. | 765 |
Sec. 163.21. (A)(1) If it has not taken possession of | 766 |
property that is appropriated, an agency may abandon appropriation | 767 |
proceedings under sections 163.01 to 163.22 of the Revised Code at | 768 |
any time after the proceedings are commenced but not later than | 769 |
ninety days after the final determination of the cause. | 770 |
(2) In all cases of abandonment as described in division | 771 |
(A)(1) of this section, the court shall enter a judgment against | 772 |
the agency for costs, including jury fees, and shall enter a | 773 |
judgment in favor of each affected owner, in amounts that the | 774 |
court considers to be just, for each of the following that the | 775 |
owner incurred: | 776 |
(a) Witness fees, including expert witness fees; | 777 |
(b) Attorney's fees; | 778 |
(c) Other actual expenses. | 779 |
(B)(1) | 780 |
781 | |
of the Revised Code or | 782 |
783 | |
appropriation proceedings in time of a public exigency under other | 784 |
sections of the Revised Code, if the court determines that an | 785 |
agency is not entitled to appropriate particular property, the | 786 |
court shall enter both of the following: | 787 |
(a) A judgment against the agency for costs, including jury | 788 |
fees; | 789 |
(b) A judgment in favor of each affected owner, in amounts | 790 |
that the court considers to be just, for the owner's reasonable | 791 |
disbursements and expenses, to include witness fees,
| 792 |
expert witness fees, | 793 |
engineering fees, and for other actual expenses that the owner | 794 |
incurred in connection with the proceedings. | 795 |
(2) | 796 |
797 | |
798 | |
section shall be paid by the head of the agency for whose benefit | 799 |
the appropriation proceedings were initiated. | 800 |
(C)(1) Except as otherwise provided in division (C)(2) or (3) | 801 |
of this section and subject to division (C)(5) of this section, | 802 |
when an agency appropriates property and the final award of | 803 |
compensation is greater than one hundred twenty-five per cent of | 804 |
the agency's good faith offer for the property or, if before | 805 |
commencing the appropriation proceeding the agency made a revised | 806 |
offer based on conditions indigenous to the property that could | 807 |
not reasonably have been discovered at the time of the good faith | 808 |
offer, one hundred twenty-five per cent of the revised offer, the | 809 |
court shall enter judgment in favor of the owner, in amounts the | 810 |
court considers just, for all costs and expenses, including | 811 |
attorney's and appraisal fees, that the owner actually incurred. | 812 |
(2) The court shall not enter judgment for costs and | 813 |
expenses, including attorney's fees and appraisal fees, if the | 814 |
agency is appropriating property in time of war or other public | 815 |
exigency imperatively requiring its immediate seizure, for the | 816 |
purpose of making or repairing roads that shall be open to the | 817 |
public without charge, for the purpose of implementing rail | 818 |
service under Chapter 4981. of the Revised Code, or under section | 819 |
307.08, 504.19, 6101.181, 6115.221, 6117.39, or 6119.11 of the | 820 |
Revised Code as the result of a public exigency, or the agency is | 821 |
a municipal corporation that is appropriating property as a | 822 |
result of a public exigency, except that the court shall enter | 823 |
judgment in favor of the owner for costs and expenses, including | 824 |
attorney's and appraisal fees, that the owner actually incurred | 825 |
only if the property being appropriated is land used for | 826 |
agricultural purposes as defined in section 303.01 or 519.01 of | 827 |
the Revised Code, or the county auditor of the county in which the | 828 |
land is located has determined under section 5713.31 of the | 829 |
Revised Code that the land is "land devoted exclusively to | 830 |
agricultural use" as defined in section 5713.30 of the Revised | 831 |
Code and the final award of compensation is more than one hundred | 832 |
fifty per cent of the agency's good faith offer or a revised | 833 |
offer made by the agency under division (C)(1) or (3) of this | 834 |
section. | 835 |
(3) The court shall not enter judgment for costs and | 836 |
expenses, including attorney's fees and appraisal fees, that the | 837 |
owner actually incurred if the owner and the agency exchanged | 838 |
appraisals prior to the filing of the petition and the final | 839 |
award of compensation was not more than one hundred twenty-five | 840 |
per cent of the agency's first offer for the property made | 841 |
subsequent to the exchange of appraisals and at least thirty days | 842 |
before the filing of the petition. | 843 |
(4) An award of costs and expenses, including attorney's and | 844 |
appraisal fees, that the owner actually incurred, under division | 845 |
(C) of this section shall not exceed the lesser of twenty-five | 846 |
per cent of the amount by which the final award of compensation | 847 |
exceeds the agency's initial good faith offer or revised offer or | 848 |
twenty-five per cent of the amount by which the final award of | 849 |
compensation exceeds the agency's last written offer made not | 850 |
less than forty-five days before the date initially designated | 851 |
for trial by the court. | 852 |
(5)(a) An award of costs and expenses, including attorney's | 853 |
and appraisal fees, that the owner actually incurred, made under | 854 |
division (G) of section 163.09 of the Revised Code is not subject | 855 |
to the conditions and limitations set forth in divisions (C)(1), | 856 |
(2), (3), and (4) of this section. | 857 |
(b) The court shall not enter judgment for costs and | 858 |
expenses, including attorney's fees and appraisal fees, under | 859 |
division (C) of this section unless not less than fifty days prior | 860 |
to the date initially designated by the court for trial the owner | 861 |
provided the agency with an appraisal or summary appraisal of the | 862 |
property being appropriated or with the owner's sworn statement | 863 |
setting forth the value of the property and an explanation of how | 864 |
the owner arrived at that value. | 865 |
Sec. 163.211. If an agency decides not to use appropriated | 866 |
property for the purpose stated in the appropriation petition, the | 867 |
prior owner from whom the property was appropriated may repurchase | 868 |
the property for its fair market value as determined by an | 869 |
independent appraisal made by an appraiser chosen by agreement of | 870 |
the parties or, if the parties cannot agree, an appraiser chosen | 871 |
by the court. The right of repurchase shall be extinguished if | 872 |
any of the following occur: | 873 |
(A) The prior owner declines to repurchase the property. | 874 |
(B) The prior owner fails to repurchase the property within | 875 |
sixty days after the public agency offers the property for | 876 |
repurchase. | 877 |
(C) A plan, contract, or arrangement is authorized that | 878 |
commences an urban renewal project that includes the property. | 879 |
(D) The agency grants or transfers the property to any other | 880 |
person or agency. | 881 |
(E) Five years have passed since the property was | 882 |
appropriated. | 883 |
(F) Prior to the filing of the petition for appropriation, | 884 |
the appropriated property was a blighted parcel, and the prior | 885 |
owner contributed to the blight. | 886 |
Sec. 163.53. (A) Whenever the acquisition of real property | 887 |
for a program or project undertaken by a displacing agency will | 888 |
result in the displacement of any person, the head of the agency | 889 |
shall make a payment to any displaced person, upon proper | 890 |
application as approved by such agency head, for all of the | 891 |
following: | 892 |
(1) Actual reasonable expenses in moving | 893 |
894 | |
personal property; | 895 |
(2) Actual direct losses of tangible personal property as a | 896 |
result of moving or discontinuing a business or farm operation, | 897 |
but not to exceed an amount equal to the reasonable expenses that | 898 |
would have been required to relocate such property, as determined | 899 |
by the head of the displacing agency; | 900 |
(3) Actual reasonable expenses in searching for a replacement | 901 |
business or farm, but not to exceed two thousand five hundred | 902 |
dollars; | 903 |
(4) Actual and reasonable expenses necessary to reestablish a | 904 |
displaced farm, nonprofit organization, or small business at its | 905 |
new site, but not to exceed ten thousand dollars. | 906 |
(B) Any displaced person eligible for payments under division | 907 |
(A) of this section who is displaced from a dwelling and who | 908 |
elects to accept the payments authorized by this division in lieu | 909 |
of the payments authorized by division (A) of this section may | 910 |
receive an expense and dislocation allowance, determined according | 911 |
to a schedule established by the head of the displacing agency. | 912 |
(C) Any displaced person eligible for payments under division | 913 |
(A) of this section who is displaced from | 914 |
of
business or from | 915 |
for the payment authorized by this division in lieu of the payment | 916 |
authorized by division (A) of this section. The payment authorized | 917 |
by this division shall consist of a fixed payment in an amount to | 918 |
be determined according to criteria established by the head of the | 919 |
lead agency, except that such payment shall be not less than one | 920 |
thousand dollars nor more than twenty thousand dollars. A person | 921 |
whose sole business at the displacement dwelling is the rental of | 922 |
such property to others does not qualify for a payment under this | 923 |
division. | 924 |
(D)(1) Except as provided in section 5501.51 of the Revised | 925 |
Code, if a program or project undertaken by a displacing agency | 926 |
results in the relocation of a utility facility, and the purpose | 927 |
of the program or project was not to relocate or reconstruct any | 928 |
utility facility; and if the owner of the utility facility which | 929 |
is being relocated under such program or project has entered into | 930 |
a franchise or similar agreement with the state or local | 931 |
government on whose property, easement, or right-of-way such | 932 |
facility is located with respect to the use of such property, | 933 |
easement, or right-of-way; and if the relocation of such facility | 934 |
results in such owner incurring an extraordinary cost in | 935 |
connection with such relocation; then the displacing agency may, | 936 |
in accordance with such rules as the head of the lead agency may | 937 |
adopt, provide to such owner a relocation payment which may not | 938 |
exceed the amount of such extraordinary cost, less any increase in | 939 |
the value of the new utility facility above the value of the old | 940 |
utility facility, and less any salvage value derived from the old | 941 |
utility facility. | 942 |
(2) As used in division (D) of this section: | 943 |
(a) "Extraordinary cost in connection with a relocation" | 944 |
means any cost incurred by the owner of a utility facility in | 945 |
connection with relocation of such facility that is determined by | 946 |
the head of the displacing agency, under such rules as the head of | 947 |
the lead agency shall adopt, to be a nonroutine relocation | 948 |
expense, to be a cost that owner ordinarily does not include in | 949 |
its annual budget as an expense of operation, and to meet such | 950 |
other requirements as the lead agency may prescribe in such rules. | 951 |
(b) "Utility facility" means any electric, gas, water, steam | 952 |
power, or materials transmission or distribution system; any | 953 |
transportation system; any communications system, including cable | 954 |
television; and any fixture, equipment, or other property | 955 |
associated with the operation, maintenance, or repair of any such | 956 |
system; which is located on property owned by a state or local | 957 |
government or over which a state or local government has an | 958 |
easement or right-of-way. A utility facility may be publicly, | 959 |
privately, or cooperatively owned. | 960 |
Sec. 163.62. (A) The court having jurisdiction of a | 961 |
proceeding instituted by a state agency to acquire real property | 962 |
by condemnation shall award the owner of any right, or title to, | 963 |
or interest in, such real property such sum as will in the opinion | 964 |
of the court reimburse such owner for | 965 |
costs, disbursements, and expenses, including reasonable attorney, | 966 |
appraisal, and engineering fees | 967 |
condemnation proceeding, | 968 |
| 969 |
970 |
| 971 |
provided in division (G) of section 163.09 or division (A) or (C) | 972 |
of section 163.21 of the Revised Code, as applicable. | 973 |
(B) Any award made pursuant to division (A) of this section | 974 |
shall be paid by the head of the agency for whose benefit the | 975 |
condemnation proceeding was instituted. | 976 |
Sec. 163.63. Any reference in the Revised Code to any | 977 |
authority to acquire real property by "condemnation" or to take | 978 |
real property pursuant to a power of eminent domain is deemed to | 979 |
be an appropriation of real property pursuant to this chapter and | 980 |
any such taking or acquisition shall be made pursuant to this | 981 |
chapter. | 982 |
Sec. 303.26. As used in sections 303.26 to 303.56 | 983 |
984 | |
clearly indicated by the context: | 985 |
(A) "Municipality" means any incorporated city or village of | 986 |
the state. | 987 |
(B) "Public body" means the state, any county, municipality, | 988 |
township, board, commission, authority, district, or other | 989 |
subdivision. | 990 |
(C) "Federal government" means the United States or any | 991 |
agency or instrumentality, corporate or otherwise thereof. | 992 |
(D) "Slum | 993 |
994 | |
995 | |
996 | |
997 | |
998 | |
999 | |
1000 | |
1001 | |
1002 | |
1003 | |
the meaning defined in section 1.08 of the Revised Code. | 1004 |
(E) "Blighted area" | 1005 |
1006 | |
1007 | |
1008 | |
1009 | |
1010 | |
1011 | |
1012 | |
1013 | |
1014 | |
1015 | |
1016 | |
1017 | |
1018 | |
1019 | |
the meaning defined in section 1.08 of the Revised Code. | 1020 |
If such blighted area consists of open land, the provisions | 1021 |
of section 303.34 of the Revised Code shall apply. | 1022 |
Any disaster area referred to in section 303.36 of the | 1023 |
Revised Code shall constitute a "blighted area". | 1024 |
(F) "County renewal project" may include undertakings and | 1025 |
activities of a county in a county renewal area for the | 1026 |
elimination and for the prevention of the development or spread of | 1027 |
slums and blight, and may involve slum clearance and redevelopment | 1028 |
in a county renewal area, or rehabilitation or conservation in a | 1029 |
county renewal area, or any combination or part thereof, in | 1030 |
accordance with a county renewal plan, and such aforesaid | 1031 |
undertakings and activities may include acquisition of a slum area | 1032 |
or a blighted area, or portion thereof; demolition and removal of | 1033 |
buildings and improvements; installation, construction, or | 1034 |
reconstruction of streets, utilities, parks, playgrounds, and | 1035 |
other improvements necessary for carrying out in the county | 1036 |
renewal area the county renewal objectives of sections 303.26 to | 1037 |
303.56, inclusive, of the Revised Code in accordance with the | 1038 |
county renewal plan; disposition of any property acquired in the | 1039 |
county renewal area, including sale, initial leasing, or retention | 1040 |
by the county itself, at its fair value for uses in accordance | 1041 |
with the county renewal plan; carrying out plans for a program of | 1042 |
voluntary or compulsory repair and rehabilitation of buildings or | 1043 |
other improvements in accordance with the county renewal plan; and | 1044 |
acquisition of any other real property in the county renewal area | 1045 |
where necessary to eliminate unhealthful, insanitary, or unsafe | 1046 |
conditions; lessen density, eliminate obsolete, or other uses | 1047 |
detrimental to the public welfare, or otherwise to remove or | 1048 |
prevent the spread of blight or deterioration, or to provide land | 1049 |
for needed public facilities. | 1050 |
(G) "County renewal area" means a slum area or a blighted | 1051 |
area or a combination thereof which the board of county | 1052 |
commissioners designates as appropriate for a county renewal | 1053 |
project. | 1054 |
(H) "County renewal plan" means a plan, as it exists from | 1055 |
time to time, for a county renewal project, which plan shall | 1056 |
conform to the general plan for the county, except as provided in | 1057 |
section 303.36 of the Revised Code, and shall be sufficiently | 1058 |
complete to indicate such land acquisition, demolition, and | 1059 |
removal of structures, redevelopment, improvements, and | 1060 |
rehabilitation as may be proposed to be carried out in the county | 1061 |
renewal area, zoning, and planning changes, if any, land uses, | 1062 |
maximum densities, building requirements, and the plan's | 1063 |
relationship to definite local objectives respecting appropriate | 1064 |
land uses, improved traffic, public transportation, public | 1065 |
utilities, recreational and community facilities, and other public | 1066 |
improvements. | 1067 |
(I) "Redevelopment" and derivatives thereof, when used with | 1068 |
respect to a county renewal area, mean development as well as | 1069 |
redevelopment. | 1070 |
(J) "Real property" includes all lands, including | 1071 |
improvements and fixtures thereon, and property of any nature | 1072 |
appurtenant thereto, or used in connection therewith, and every | 1073 |
estate, interest, right, and use, legal or equitable, therein, | 1074 |
including terms for years and liens by way of judgment, mortgage, | 1075 |
or otherwise. | 1076 |
(K) "Person" means any individual, firm, partnership, | 1077 |
corporation, company, association, joint stock association, or | 1078 |
body politic, and includes any trustee, receiver, assignee, or | 1079 |
other person acting in a similar representative capacity. | 1080 |
(L) "Obligee" includes any bondholder, agents, or trustees | 1081 |
for any bondholders, or lessor demising to the county property | 1082 |
used in connection with a county renewal project, or any assignee | 1083 |
or assignees of such lessor's interest or any part thereof, and | 1084 |
the federal government when it is a party to any contract with the | 1085 |
county. | 1086 |
(M) "Bond," as used in section 303.46 of the Revised Code, | 1087 |
means bonds, including refunding bonds, notes, interim | 1088 |
certificates of special indebtedness, debentures, or other | 1089 |
obligations of a county, payable and secured as authorized by | 1090 |
section 303.46 of the Revised Code. | 1091 |
Sec. 719.012. In order to rehabilitate a building or | 1092 |
structure that a municipal corporation determines to be a | 1093 |
1094 | |
1095 | |
1096 | |
1097 | |
1098 | |
1099 | |
property as defined in section 1.08 of the Revised Code, a | 1100 |
municipal corporation may appropriate, in the manner provided in | 1101 |
sections 163.01 to 163.22 of the Revised Code, any such building | 1102 |
or structure and the real property of which it is a part. The | 1103 |
municipal corporation shall rehabilitate the building or structure | 1104 |
or cause it to be rehabilitated within two years after the | 1105 |
appropriation, so that the building or structure is no longer a | 1106 |
public nuisance, insecure, unsafe, structurally defective, | 1107 |
unhealthful, or unsanitary, or a threat to the public health, | 1108 |
safety, or welfare, or in violation of a building code or | 1109 |
ordinance adopted under section 731.231 of the Revised Code. Any | 1110 |
building or structure appropriated pursuant to this section which | 1111 |
is not rehabilitated within two years shall be demolished. | 1112 |
If during the rehabilitation process the municipal | 1113 |
corporation retains title to the building or structure and the | 1114 |
real property of which it is a part, then within one hundred | 1115 |
eighty days after the rehabilitation is complete, the municipal | 1116 |
corporation shall appraise the rehabilitated building or structure | 1117 |
and the real property of which it is a part, and shall sell the | 1118 |
building or structure and property at public auction. The | 1119 |
municipal corporation shall advertise the public auction in a | 1120 |
newspaper of general circulation in the municipal corporation once | 1121 |
a week for three consecutive weeks prior to the date of sale. The | 1122 |
municipal corporation shall sell the building or structure and | 1123 |
real property to the highest and best bidder. No property that a | 1124 |
municipal corporation acquires pursuant to this section shall be | 1125 |
leased. | 1126 |
Sec. 1728.01. As used in sections 1728.01 to 1728.13 of the | 1127 |
Revised Code: | 1128 |
(A) "Governing body" means, in the case of a municipal | 1129 |
corporation, the city council or legislative authority. | 1130 |
(B) "Community urban redevelopment corporation" means a | 1131 |
corporation qualified under Chapter 1728. of the Revised Code, to | 1132 |
acquire, construct, operate, and maintain a project hereunder, or | 1133 |
to acquire, operate, and maintain a project constructed by a | 1134 |
corporation so qualified under Chapter 1728. of the Revised Code, | 1135 |
and the term "corporation" when used within Chapter 1728. of the | 1136 |
Revised Code, shall be understood to be a contraction of the term | 1137 |
"community urban redevelopment corporation" except when the | 1138 |
context indicates otherwise. | 1139 |
(C) "Impacted city" means a municipal corporation that meets | 1140 |
the requirements of either division (C) (1) or (2) of this | 1141 |
section: | 1142 |
(1) In attempting to cope with the problems of urbanization, | 1143 |
to create or preserve jobs and employment opportunities, and to | 1144 |
improve the economic welfare of the people of the municipal | 1145 |
corporation, the municipal corporation has at some time: | 1146 |
(a) Taken affirmative action by its legislative body to | 1147 |
permit the construction of housing by a metropolitan housing | 1148 |
authority organized pursuant to sections 3735.27 to 3735.39 of the | 1149 |
Revised Code within its corporate boundaries or to permit such a | 1150 |
metropolitan housing authority to lease dwelling units within its | 1151 |
corporate boundaries; and | 1152 |
(b) Been certified by the director of the department of | 1153 |
development that a workable program for community improvement | 1154 |
(which shall include an official plan of action for effectively | 1155 |
dealing with the problem of urban slums and blight within the | 1156 |
community and for the establishment and preservation of a | 1157 |
well-planned community with well-organized residential | 1158 |
neighborhoods of decent homes and suitable living environment for | 1159 |
adequate family life) for utilizing appropriate private and public | 1160 |
resources to eliminate, and to prevent the development or spread | 1161 |
of, slums and urban blight, to encourage needed urban | 1162 |
rehabilitation, to provide for the redevelopment of blighted, | 1163 |
deteriorated, or slum areas, to undertake such activities or other | 1164 |
feasible community activities as may be suitably employed to | 1165 |
achieve the objectives of such a program has been adopted. A | 1166 |
determination by the United States that the impacted city's | 1167 |
workable program meets the federal workable program requirements | 1168 |
shall be sufficient for the director's certification. | 1169 |
(2) Been declared a major disaster area, or part of a major | 1170 |
disaster area, pursuant to the "Disaster Relief Act of 1970," 84 | 1171 |
Stat. 1744, 42 U.S.C.A. 4401, as now or hereafter amended, and has | 1172 |
been extensively damaged or destroyed by a major disaster, | 1173 |
provided that impacted city status obtained pursuant to division | 1174 |
(C) (2) of this section lasts for only a limited period from the | 1175 |
date of the declaration, as determined by the rules promulgated | 1176 |
pursuant to division (G) of section 122.06 of the Revised Code, | 1177 |
but in the event that an impacted city, while qualified under such | 1178 |
division, enters into a financial agreement with a community urban | 1179 |
redevelopment corporation pursuant to section 1728.07 of the | 1180 |
Revised Code, a loss of certification under such rules shall not | 1181 |
affect that agreement or the project to which it relates. | 1182 |
(D) "Community development plan" means a plan, as it exists | 1183 |
from time to time, for the redevelopment and renewal of a blighted | 1184 |
area, which plan shall conform to the general plan for the | 1185 |
municipality, and shall be sufficiently complete to indicate such | 1186 |
land acquisition, demolition, and removal of structures, | 1187 |
redevelopment, improvements, and rehabilitation as may be proposed | 1188 |
to be carried out in such blighted area, zoning, and any planning | 1189 |
changes, land uses, maximum densities, and building requirements. | 1190 |
(E) "Blighted area" | 1191 |
1192 | |
1193 | |
1194 | |
1195 | |
1196 | |
1197 | |
1198 | |
1199 | |
1200 | |
1201 | |
1202 | |
1203 | |
1204 | |
section 1.08 of the Revised Code. | 1205 |
(F) "Project" means: | 1206 |
(1) As to blighted areas within all municipal corporations, | 1207 |
the undertaking and execution of the redevelopment of a blighted | 1208 |
area by a community urban redevelopment corporation, in whole or | 1209 |
in part, pursuant to a community development plan approved by the | 1210 |
governing body of the municipal corporation in which such blighted | 1211 |
area is situated and in accordance with an agreement for the sale | 1212 |
or lease of all or a portion of the land concerned in such | 1213 |
redevelopment to the corporation by a municipal corporation, or | 1214 |
agency, or authority including the work to be done in reference | 1215 |
thereto, the designation of the particular proposed buildings to | 1216 |
be constructed and their uses and purposes, the landscaping of the | 1217 |
premises, the streets and access roads, recreational facilities, | 1218 |
if any, the furnishing of the public utilities, the financial | 1219 |
arrangements, and the terms and conditions of the proposed | 1220 |
municipal corporation and approval; and | 1221 |
(2) In addition as to blighted areas within impacted cities, | 1222 |
the undertaking and activities of a community urban redevelopment | 1223 |
corporation in a blighted area for the elimination and for the | 1224 |
prevention of the development or spread of blight pursuant to a | 1225 |
community development plan approved by the governing body of the | 1226 |
impacted city and to the extent agreed to by the governing body of | 1227 |
the impacted city in the financial agreement provided for in | 1228 |
section 1728.07 of the Revised Code and may involve clearance and | 1229 |
redevelopment, or rehabilitation or conservation or any | 1230 |
combination or part thereof, in accordance with such community | 1231 |
development plan, and such aforesaid undertakings and activities | 1232 |
may include acquisition of a blighted area or portion by purchase | 1233 |
or otherwise, and demolition and removal of buildings and | 1234 |
improvements. | 1235 |
(G) "Total project unit cost" or "total project cost" means | 1236 |
the aggregate of the following items as related to any unit of a | 1237 |
project if the project is to be undertaken in units or to the | 1238 |
total project if the project is not to be undertaken in units: | 1239 |
(1) Cost of the land to the community urban redevelopment | 1240 |
corporation; | 1241 |
(2) Architects', engineers', and attorneys' fees paid or | 1242 |
payable by the corporation in connection with the planning, | 1243 |
construction, and financing of the project; | 1244 |
(3) Surveying and testing charges in connection therewith; | 1245 |
(4) Actual construction cost as certified by the architect, | 1246 |
including the cost of any preparation of the site undertaken at | 1247 |
the corporation's expense; | 1248 |
(5) Insurance, interest, and finance costs during | 1249 |
construction; | 1250 |
(6) Cost of obtaining initial permanent financing; | 1251 |
(7) Commissions and other expenses paid or payable in | 1252 |
connection with initial leasing; | 1253 |
(8) Real estate taxes and assessments during the construction | 1254 |
period; | 1255 |
(9) Developer's overhead based on a percentage of division | 1256 |
(G) (4) of this section, to be computed in accordance with the | 1257 |
following schedule: | 1258 |
$500,000 or less | - | 10 per cent | 1259 | |
500,001 through $ 1,000,000 | - | $50,000 plus 8 per cent on | 1260 | |
excess above $500,000 | 1261 | |||
1,000,001 through 2,000,000 | - | 90,000 plus 7 per cent on | 1262 | |
excess above 1,000,000 | 1263 | |||
2,000,001 through 3,500,000 | - | 160,000 plus 5.6667 per cent | 1264 | |
on excess above 2,000,000 | 1265 | |||
3,500,001 through 5,500,000 | - | 245,000 plus 4.25 per cent | 1266 | |
on excess above 3,500,000 | 1267 | |||
5,500,001 through 10,000,000 | - | 330,000 plus 3.7778 per cent | 1268 | |
on excess above 5,500,000 | 1269 | |||
Over 10,000,000 | - | 5 per cent | 1270 |
(H) "Annual gross revenue" means the total annual gross | 1271 |
rental and other income of a community urban redevelopment | 1272 |
corporation from the project. If in any leasing, any real estate | 1273 |
taxes or assessments on property included in the project, any | 1274 |
premiums for fire or other insurance on or concerning property | 1275 |
included in the project, or any operating or maintenance expenses | 1276 |
ordinarily paid by a landlord are to be paid by the tenant, such | 1277 |
payments shall be computed and deemed to be part of the rent and | 1278 |
shall be included in the annual gross revenue. The financial | 1279 |
agreement provided for in section 1728.07 of the Revised Code | 1280 |
shall establish the method of computing such additional revenue, | 1281 |
and may establish a method of arbitration where either the | 1282 |
landlord or the tenant disputes the amount of such payments so | 1283 |
included in the annual gross revenue. | 1284 |
(I) "Major disaster" means any tornado, storm, flood, high | 1285 |
water, wind-driven water, tidal wave, earthquake, fire, or other | 1286 |
catastrophe. | 1287 |
Sec. 2505.02. (A) As used in this section: | 1288 |
(1) "Substantial right" means a right that the United States | 1289 |
Constitution, the Ohio Constitution, a statute, the common law, or | 1290 |
a rule of procedure entitles a person to enforce or protect. | 1291 |
(2) "Special proceeding" means an action or proceeding that | 1292 |
is specially created by statute and that prior to 1853 was not | 1293 |
denoted as an action at law or a suit in equity. | 1294 |
(3) "Provisional remedy" means a proceeding ancillary to an | 1295 |
action, including, but not limited to, a proceeding for a | 1296 |
preliminary injunction, attachment, discovery of privileged | 1297 |
matter, suppression of evidence, a prima-facie showing pursuant | 1298 |
to section 2307.85 or 2307.86 of the Revised Code, a prima-facie | 1299 |
showing pursuant to section 2307.92 of the Revised Code, or a | 1300 |
finding made pursuant to division (A)(3) of section 2307.93 of the | 1301 |
Revised Code. | 1302 |
(B) An order is a final order that may be reviewed, affirmed, | 1303 |
modified, or reversed, with or without retrial, when it is one of | 1304 |
the following: | 1305 |
(1) An order that affects a substantial right in an action | 1306 |
that in effect determines the action and prevents a judgment; | 1307 |
(2) An order that affects a substantial right made in a | 1308 |
special proceeding or upon a summary application in an action | 1309 |
after judgment; | 1310 |
(3) An order that vacates or sets aside a judgment or grants | 1311 |
a new trial; | 1312 |
(4) An order that grants or denies a provisional remedy and | 1313 |
to which both of the following apply: | 1314 |
(a) The order in effect determines the action with respect to | 1315 |
the provisional remedy and prevents a judgment in the action in | 1316 |
favor of the appealing party with respect to the provisional | 1317 |
remedy. | 1318 |
(b) The appealing party would not be afforded a meaningful or | 1319 |
effective remedy by an appeal following final judgment as to all | 1320 |
proceedings, issues, claims, and parties in the action. | 1321 |
(5) An order that determines that an action may or may not be | 1322 |
maintained as a class action; | 1323 |
(6) An order determining the constitutionality of any changes | 1324 |
to the Revised Code made by Am. Sub. S.B. 281 of the 124th general | 1325 |
assembly, including the amendment of sections 1751.67, 2117.06, | 1326 |
2305.11, 2305.15, 2305.234, 2317.02, 2317.54, 2323.56, 2711.21, | 1327 |
2711.22, 2711.23, 2711.24, 2743.02, 2743.43, 2919.16, 3923.63, | 1328 |
3923.64, 4705.15, and 5111.018, and the enactment of sections | 1329 |
2305.113, 2323.41, 2323.43, and 2323.55 of the Revised Code or any | 1330 |
changes made by Sub. S.B. 80 of the 125th general assembly, | 1331 |
including the amendment of sections 2125.02, 2305.10, 2305.131, | 1332 |
2315.18, 2315.19, and 2315.21 of the Revised Code; | 1333 |
(7) An order in an appropriation proceeding that may be | 1334 |
appealed pursuant to division (B)(3) of section 163.09 of the | 1335 |
Revised Code. | 1336 |
(C) When a court issues an order that vacates or sets aside a | 1337 |
judgment or grants a new trial, the court, upon the request of | 1338 |
either party, shall state in the order the grounds upon which the | 1339 |
new trial is granted or the judgment vacated or set aside. | 1340 |
(D) This section applies to and governs any action, including | 1341 |
an appeal, that is pending in any court on July 22, 1998, and all | 1342 |
claims filed or actions commenced on or after July 22, 1998, | 1343 |
notwithstanding any provision of any prior statute or rule of law | 1344 |
of this state. | 1345 |
Sec. 3735.40. As used in sections 3735.27, 3735.31, and | 1346 |
3735.40 to 3735.50 of the Revised Code: | 1347 |
(A) "Federal government" includes the United States, the | 1348 |
federal works administrator, or any other agency or | 1349 |
instrumentality, corporate or otherwise, of the United States. | 1350 |
(B) "Slum | 1351 |
1352 | |
1353 | |
1354 | |
1355 | |
Revised Code. | 1356 |
(C) "Housing project" or "project" means any of the following | 1357 |
works or undertakings: | 1358 |
(1) Demolish, clear, or remove buildings from any slum area. | 1359 |
Such work or undertaking may embrace the adaptation of such area | 1360 |
to public purposes, including parks or other recreational or | 1361 |
community purposes. | 1362 |
(2) Provide decent, safe, and sanitary urban or rural | 1363 |
dwellings, apartments, or other living accommodations for persons | 1364 |
of low income. Such work or undertaking may include buildings, | 1365 |
land, equipment, facilities, and other real or personal property | 1366 |
for necessary, convenient, or desirable appurtenances, streets, | 1367 |
sewers, water service, parks, site preparation, gardening, | 1368 |
administrative, community, health, recreational, educational, | 1369 |
welfare, or other purposes. | 1370 |
(3) Accomplish a combination of the foregoing. "Housing | 1371 |
project" also may be applied to the planning of the buildings and | 1372 |
improvements, the acquisition of property, the demolition of | 1373 |
existing structures, the construction, reconstruction, alteration, | 1374 |
and repair of the improvements, and all other work in connection | 1375 |
therewith. | 1376 |
(D) "Families of low income" means persons or families who | 1377 |
lack the amount of income which is necessary, as determined by the | 1378 |
metropolitan housing authority undertaking the housing project, to | 1379 |
enable them, without financial assistance, to live in decent, | 1380 |
safe, and sanitary dwellings, without overcrowding. | 1381 |
(E) "Families" means families consisting of two or more | 1382 |
persons, a single person who has attained the age at which an | 1383 |
individual may elect to receive an old age benefit under Title II | 1384 |
of the "Social Security Act" or is under disability as defined in | 1385 |
section 223 of that act, 49 Stat. 622 (1935), 42 U. S. C. A. 401, | 1386 |
as amended, or the remaining member of a tenant family. | 1387 |
(F) "Families" also means a single person discharged by the | 1388 |
head of a hospital pursuant to section 5122.21 of the Revised Code | 1389 |
after March 10, 1964. | 1390 |
Section 2. That existing sections 163.01, 163.02, 163.04, | 1391 |
163.05, 163.06, 163.09, 163.12, 163.14, 163.15, 163.19, 163.21, | 1392 |
163.53, 163.62, 303.26, 719.012, 1728.01, 2505.02, and 3735.40 | 1393 |
of the Revised Code are hereby repealed. | 1394 |
Section 3. The General Assembly finds that in order to | 1395 |
adequately protect property rights and ensure that vital public | 1396 |
improvements are completed in a timely manner, it is necessary to | 1397 |
provide for prompt appeals from adverse judgments in appropriation | 1398 |
actions. As a result, the General Assembly encourages the Supreme | 1399 |
Court of Ohio to exercise its constitutional authority under | 1400 |
Section 5 of Article IV, Ohio Constitution, to adopt a procedural | 1401 |
rule requiring expedited appeals in appropriation actions. | 1402 |
Section 4. In accordance with City of Norwood v. Horney | 1403 |
(2006), 110 Ohio St.3d 353, in which the Supreme Court held the | 1404 |
right of property to be a fundamental right protected by the | 1405 |
United States and Ohio Constitutions, the General Assembly finds | 1406 |
that the exercise of the power of eminent domain at any level of | 1407 |
government is a matter of statewide importance and hereby declares | 1408 |
its intention that this act be construed to apply generally | 1409 |
throughout the state. | 1410 |
Section 5. Sections 1 and 2 of this act do not apply to | 1411 |
appropriation proceedings pending on the effective date of this | 1412 |
act. This section is not intended to indicate that such | 1413 |
appropriation proceedings do not have to comply with the | 1414 |
constitutional requirements set forth in City of Norwood v. Horney | 1415 |
(2006), 110 Ohio St.3d 353. | 1416 |
Section 6. Section 2505.02 of the Revised Code is presented | 1417 |
in this act as a composite of the section as amended by both Am. | 1418 |
Sub. H.B. 516 and Am. Sub. S.B. 80 of the 125th General Assembly. | 1419 |
The General Assembly, applying the principle stated in division | 1420 |
(B) of section 1.52 of the Revised Code that amendments are to be | 1421 |
harmonized if reasonably capable of simultaneous operation, finds | 1422 |
that the composite is the resulting version of the section in | 1423 |
effect prior to the effective date of the section as presented in | 1424 |
this act. | 1425 |