As Passed by the House

127th General Assembly
Regular Session
2007-2008
Am. Sub. S. B. No. 7


Senator Grendell 

Cosponsors: Senators Harris, Faber, Schaffer, Amstutz, Coughlin, Gardner, Padgett, Schuring, Clancy, Mumper, Carey, Niehaus, Austria, Buehrer, Goodman, Jacobson, Schuler, Spada, Stivers, Miller, R., Wilson 

Representatives Blessing, Wagoner, Coley, Bacon, Seitz, Batchelder, Adams, Aslanides, Bubp, Carmichael, Collier, Combs, Core, Daniels, Dolan, Domenick, Evans, Flowers, Gibbs, Goodwin, Hagan, J., Hite, Hottinger, Hughes, Jones, Oelslager, Peterson, Reinhard, Schindel, Setzer, Stebelton, Uecker, Wachtmann, Wagner, White, Zehringer 



A BILL
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


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

       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 the89
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. "Private93

       (B) "Private agency" means any other corporation, firm, 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. "Agency"97
includes98

       (C) "Agency" means any public agency or private agency.99

       (B)(D) "Court" includesmeans the court of common pleas and100
or the probate court of any county in which the property sought to 101
be appropriated is located in whole or in part.102

       (C)(E) "Owner" includesmeans any individual, partnership,103
association, or corporation having any estate, title, or interest104
in any real property sought to be appropriated.105

       (D)(F) "Real property," "land," or "property" includes any106
estate, title, or interest in any real property whichthat is107
authorized to be appropriated by the agency in question, unless108
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) Except as provided in divisions (B), (C), 157
(D), and (F) of this section, allAll appropriations of real 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) Subject to division (E) of this section, theThe director167
of transportation may appropriate real property pursuant to168
sections 163.01 to 163.22 of the Revised Code or as otherwise169
provided by law.170

       (C) Subject to division (E) of this section, a conservancy171
district may appropriate real property by procedures prescribed in 172
Chapter 6101. of the Revised Code.173

       (D) Subject to division (E) of this section, a sanitary174
district may appropriate real property by procedures prescribed in 175
Chapter 6115. of the Revised Code.176

       (E) When the director of transportation, a conservancy177
district, or a sanitary district proceedsNotwithstanding any 178
authority to appropriate real property other than under sections 179
163.01 to 163.22 of the Revised Code, the proceedings areany 180
proceeding to appropriate real property is subject to division (B) 181
of section 163.21 of the Revised Code.182

       (F) A county, township that has adopted a limited home rule 183
government, conservancy district, sanitary district, county sewer 184
district, or a regional water and sewer district also may 185
appropriate real property in the manner prescribed in division (B) 186
of section 307.08, 6101.181, 6115.221, 6117.39, or 6119.11 or 187
division (D) of section 504.19 of the Revised Code, as applicable.188

       (G)(D) Any instrument by which the state or an agency of the 189
state acquires real property pursuant to this section shall 190
identifyinclude all of the following:191

       (1) The name of the agency of the state that has the use and 192
benefit of the real property as specified in the manner required 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. Appropriations shall be made(A) At least 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 theany owner, or if more than 293
one, any owner, or histhe guardian or trustee, or whenof any 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, or296
each owner is unknown, or is not a resident of this state, or his297
the residence of each owner is unknown to the agency and cannot298
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

NOTICE OF INTENT TO ACQUIRE
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 whichthat has met the requirements 402
of sectionsections 163.04 and 163.041 of the Revised Code, may 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 and all. 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) In the case of a private agency, a(1) A statement that 412
suchthe appropriation is necessary, for a public use, and, in the 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 be422
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

       (H) In the event of an appropriation where the agency would 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 of440
property, the agency shall either make available to the owner or441
shall file in the office of the county engineer, a description of442
the nature of the improvement or use which requires the443
appropriation, including any specifications, elevations, and grade 444
changes already determined at the time of the filing of the445
petition, in sufficient detail to permit a determination of the446
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 agency461
appropriating property for the purposes described in division (B)462
of this section, whichthat qualifies pursuant to Section 19 of463
Article I, Ohio Constitution, may deposit with the court at the464
time of filing the petition the value of such property465
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 assessing484
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, at no cost 489
to the appropriating agency, after which time the agency may 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 the495
agency. Such appraisals may be used as evidence by the owner or496
the agency in the trial of said case but shall not be binding on497
said owner, agency, or the jury, and the expense of said498
appraisals shall be approved by the court and charged as costs in499
said case.500

       (2) Cause pictures to be taken of all sides of said501
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 of526
the Revised Code and any of the matters relating to the right to527
make the appropriation, the inability of the parties to agree, or528
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 owner. Aagency by a preponderance of 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 shall be prima-facie evidencecreates a 537
rebuttable presumption of thatthe necessity in the absence of 538
proof showing an abuse of discretion by the agency in determining 539
that necessityfor the appropriation if the agency is not 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 within 554
twentynot less than sixty days from the date of the 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. AnExcept as provided in 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 the597
rights of each owner to compensation, damages, or both shall be598
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 appropriated under 601
section 307.08, 504.19, 6101.181, 6115.221, 6117.39, or 6119.11 of 602
the Revised Code as the result of a public exigency, the trier of 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 is on the party or parties to the appropriation other 606
than the property owners.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
demandedrequested by a party to the proceedings. 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, other than the petition, shall 626
be read or exhibited to the jury.627

       Sec. 163.14. (A) In appropriation proceedings the jury shall628
be sworn to impartially assess the compensation and damages, if629
any, without deductions for general benefits as to the property630
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 on634
the property appropriated or when a building or other structure is 635
situated partly upon the land appropriated and partly upon636
adjoining land so that the structure cannot be divided upon the637
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 of661
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 and664
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, as670
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 histhe 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 that695
would have been required to relocate such property, as determined696
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. The trial court upon 756
proper terms may suspend the execution of any order; but in all 757
cases where the agency pays or deposits the amount of the award 758
assessed and gives adequate security for any further compensation 759
and costs, as required by the court, the right to take and use the 760
property appropriated shall not be affected by such review by the 761
appellate courts.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 of766
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 division771
(A)(1) of this section, the court shall enter a judgment against772
the agency for costs, including jury fees, and shall enter a773
judgment in favor of each affected owner, in amounts that the774
court considers to be just, for each of the following that the775
owner incurred:776

       (a) Witness fees, including expert witness fees;777

       (b) Attorney's fees;778

       (c) Other actual expenses.779

       (B)(1) Except as provided in division (B)(2) of this section, 780
if inIn appropriation proceedings under sections 163.01 to 163.22 781
of the Revised Code or, as authorized by divisions (A) and (B),782
(C), and (D) of section 163.02 of the Revised Code, infor783
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 amounts790
that the court considers to be just, for the owner's reasonable 791
disbursements and expenses, to include witness fees, including792
expert witness fees, for attorney's fees, appraisal and 793
engineering fees, and for other actual expenses that the owner 794
incurred in connection with the proceedings.795

       (2) This division does not apply to a state agency that is796
subject to section 163.62 of the Revised Code in connection with797
condemnation proceedingsAny award to an owner pursuant to this 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 himselfthe person,893
histhe person's family, business, farm operation, or other 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 that898
would have been required to relocate such property, as determined899
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 histhe person's place 914
of business or from histhe person's farm operation may qualify 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 the919
lead agency, except that such payment shall be not less than one920
thousand dollars nor more than twenty thousand dollars. A person921
whose sole business at the displacement dwelling is the rental of922
such property to others does not qualify for a payment under this923
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 in945
connection with relocation of such facility that is determined by946
the head of the displacing agency, under such rules as the head of 947
the lead agency shall adopt, to be a nonroutine relocation948
expense, to be a cost that owner ordinarily does not include in949
its annual budget as an expense of operation, and to meet such950
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 property955
associated with the operation, maintenance, or repair of any such956
system; which is located on property owned by a state or local957
government or over which a state or local government has an958
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 a961
proceeding instituted by a state agency to acquire real property962
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 histhe owner's reasonable965
costs, disbursements, and expenses, including reasonable attorney, 966
appraisal, and engineering fees, actually incurred because of the 967
condemnation proceeding, if either:968

       (1) The final judgment is that the agency cannot acquire the 969
real property by condemnation; or 970

       (2) The proceeding is abandoned by the state agencyas 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
inclusive, of the Revised Code, unless a different meaning is984
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 any991
agency or instrumentality, corporate or otherwise thereof.992

       (D) "Slum area" means an area within a county but outside the 993
corporate limits of any municipality, in which area there is a 994
predominance of buildings or improvements, whether residential or 995
nonresidential, which by reason of dilapidation, deterioration, 996
age or obsolescence, inadequate provision for ventilation, light, 997
air, sanitation, or open spaces, high density of population and 998
overcrowding, or the existence of conditions which endanger life 999
or property, by fire and other causes, or any combination of such 1000
factors is conducive to ill health, transmission of disease, 1001
infant mortality, juvenile delinquency, or crime, and is 1002
detrimental to the public health, safety, morals, or welfarehas 1003
the meaning defined in section 1.08 of the Revised Code.1004

       (E) "Blighted area" means an area within a county but outside 1005
the corporate limits of any municipality, which area by reason of 1006
the presence of a substantial number of slum, deteriorated, or 1007
deteriorating structures, predominance of defective or inadequate 1008
street layout, faulty lot layout in relation to size, adequacy, 1009
accessibility, or usefulness, insanitary or unsafe conditions, 1010
deterioration of site or other improvements, diversity of 1011
ownership, tax or special assessment delinquency exceeding the 1012
fair value of the land, defective or unusual conditions to title, 1013
or the existence of conditions which endanger life or property by 1014
fire and other causes, or any combination of such factors, 1015
substantially impairs or arrests the sound growth of a county, 1016
retards the provision of housing accommodations, or constitutes an 1017
economic or social liability and is a menace to the public health, 1018
safety, morals, or welfare in its present condition and usehas 1019
the meaning defined in section 1.08 of the Revised Code.1020

       If such blighted area consists of open land, the provisions1021
of section 303.34 of the Revised Code shall apply.1022

       Any disaster area referred to in section 303.36 of the1023
Revised Code shall constitute a "blighted area".1024

       (F) "County renewal project" may include undertakings and1025
activities of a county in a county renewal area for the1026
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 blighted1051
area or a combination thereof which the board of county1052
commissioners designates as appropriate for a county renewal1053
project.1054

       (H) "County renewal plan" means a plan, as it exists from1055
time to time, for a county renewal project, which plan shall1056
conform to the general plan for the county, except as provided in1057
section 303.36 of the Revised Code, and shall be sufficiently1058
complete to indicate such land acquisition, demolition, and1059
removal of structures, redevelopment, improvements, and1060
rehabilitation as may be proposed to be carried out in the county1061
renewal area, zoning, and planning changes, if any, land uses,1062
maximum densities, building requirements, and the plan's1063
relationship to definite local objectives respecting appropriate1064
land uses, improved traffic, public transportation, public1065
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, including1071
improvements and fixtures thereon, and property of any nature1072
appurtenant thereto, or used in connection therewith, and every1073
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, or1078
body politic, and includes any trustee, receiver, assignee, or1079
other person acting in a similar representative capacity.1080

       (L) "Obligee" includes any bondholder, agents, or trustees1081
for any bondholders, or lessor demising to the county property1082
used in connection with a county renewal project, or any assignee1083
or assignees of such lessor's interest or any part thereof, and1084
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, interim1088
certificates of special indebtedness, debentures, or other1089
obligations of a county, payable and secured as authorized by1090
section 303.46 of the Revised Code.1091

       Sec. 719.012.  In order to rehabilitate a building or1092
structure that a municipal corporation determines to be a threat1093
to the public health, safety, or welfare; that has been declared1094
to be a public nuisance under Chapter 3707., 3709., or 3781. of1095
the Revised Code; and that either has been found to be insecure,1096
unsafe, structurally defective, unhealthful, or unsanitary under1097
sections 715.26 to 715.30 of the Revised Code or violates a1098
building code or ordinance adopted under section 731.231blighted 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 or1109
ordinance adopted under section 731.231 of the Revised Code. Any1110
building or structure appropriated pursuant to this section which1111
is not rehabilitated within two years shall be demolished.1112

       If during the rehabilitation process the municipal1113
corporation retains title to the building or structure and the1114
real property of which it is a part, then within one hundred1115
eighty days after the rehabilitation is complete, the municipal1116
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 a1120
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 the1127
Revised Code:1128

       (A) "Governing body" means, in the case of a municipal1129
corporation, the city council or legislative authority.1130

       (B) "Community urban redevelopment corporation" means a1131
corporation qualified under Chapter 1728. of the Revised Code, to1132
acquire, construct, operate, and maintain a project hereunder, or1133
to acquire, operate, and maintain a project constructed by a1134
corporation so qualified under Chapter 1728. of the Revised Code,1135
and the term "corporation" when used within Chapter 1728. of the1136
Revised Code, shall be understood to be a contraction of the term1137
"community urban redevelopment corporation" except when the1138
context indicates otherwise.1139

       (C) "Impacted city" means a municipal corporation that meets1140
the requirements of either division (C) (1) or (2) of this1141
section:1142

       (1) In attempting to cope with the problems of urbanization,1143
to create or preserve jobs and employment opportunities, and to1144
improve the economic welfare of the people of the municipal1145
corporation, the municipal corporation has at some time:1146

       (a) Taken affirmative action by its legislative body to1147
permit the construction of housing by a metropolitan housing1148
authority organized pursuant to sections 3735.27 to 3735.39 of the1149
Revised Code within its corporate boundaries or to permit such a1150
metropolitan housing authority to lease dwelling units within its1151
corporate boundaries; and1152

       (b) Been certified by the director of the department of1153
development that a workable program for community improvement1154
(which shall include an official plan of action for effectively1155
dealing with the problem of urban slums and blight within the1156
community and for the establishment and preservation of a1157
well-planned community with well-organized residential1158
neighborhoods of decent homes and suitable living environment for1159
adequate family life) for utilizing appropriate private and public1160
resources to eliminate, and to prevent the development or spread1161
of, slums and urban blight, to encourage needed urban1162
rehabilitation, to provide for the redevelopment of blighted,1163
deteriorated, or slum areas, to undertake such activities or other1164
feasible community activities as may be suitably employed to1165
achieve the objectives of such a program has been adopted. A1166
determination by the United States that the impacted city's1167
workable program meets the federal workable program requirements1168
shall be sufficient for the director's certification.1169

       (2) Been declared a major disaster area, or part of a major1170
disaster area, pursuant to the "Disaster Relief Act of 1970," 841171
Stat. 1744, 42 U.S.C.A. 4401, as now or hereafter amended, and has1172
been extensively damaged or destroyed by a major disaster,1173
provided that impacted city status obtained pursuant to division1174
(C) (2) of this section lasts for only a limited period from the1175
date of the declaration, as determined by the rules promulgated1176
pursuant to division (G) of section 122.06 of the Revised Code,1177
but in the event that an impacted city, while qualified under such1178
division, enters into a financial agreement with a community urban1179
redevelopment corporation pursuant to section 1728.07 of the1180
Revised Code, a loss of certification under such rules shall not1181
affect that agreement or the project to which it relates.1182

       (D) "Community development plan" means a plan, as it exists1183
from time to time, for the redevelopment and renewal of a blighted1184
area, which plan shall conform to the general plan for the1185
municipality, and shall be sufficiently complete to indicate such1186
land acquisition, demolition, and removal of structures,1187
redevelopment, improvements, and rehabilitation as may be proposed1188
to be carried out in such blighted area, zoning, and any planning1189
changes, land uses, maximum densities, and building requirements.1190

       (E) "Blighted area" means an area within a municipality1191
containing a majority of structures that have been extensively1192
damaged or destroyed by a major disaster, or that, by reason of1193
dilapidation, deterioration, age or obsolescence, inadequate1194
provision for ventilation, light, air, sanitation, or open spaces,1195
unsafe and unsanitary conditions or the existence of conditions1196
which endanger lives or properties by fire or other hazards and1197
causes, or that, by reason of location in an area with inadequate1198
street layout, incompatible land uses or land use relationships,1199
overcrowding of buildings on the land, excessive dwelling unit1200
density, or other identified hazards to health and safety, are1201
conducive to ill health, transmission of disease, juvenile1202
delinquency and crime and are detrimental to the public health,1203
safety, morals and general welfarehas the meaning defined in 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 blighted1208
area by a community urban redevelopment corporation, in whole or1209
in part, pursuant to a community development plan approved by the1210
governing body of the municipal corporation in which such blighted1211
area is situated and in accordance with an agreement for the sale1212
or lease of all or a portion of the land concerned in such1213
redevelopment to the corporation by a municipal corporation, or1214
agency, or authority including the work to be done in reference1215
thereto, the designation of the particular proposed buildings to1216
be constructed and their uses and purposes, the landscaping of the1217
premises, the streets and access roads, recreational facilities,1218
if any, the furnishing of the public utilities, the financial1219
arrangements, and the terms and conditions of the proposed1220
municipal corporation and approval; and1221

       (2) In addition as to blighted areas within impacted cities,1222
the undertaking and activities of a community urban redevelopment1223
corporation in a blighted area for the elimination and for the1224
prevention of the development or spread of blight pursuant to a1225
community development plan approved by the governing body of the1226
impacted city and to the extent agreed to by the governing body of1227
the impacted city in the financial agreement provided for in1228
section 1728.07 of the Revised Code and may involve clearance and1229
redevelopment, or rehabilitation or conservation or any1230
combination or part thereof, in accordance with such community1231
development plan, and such aforesaid undertakings and activities1232
may include acquisition of a blighted area or portion by purchase1233
or otherwise, and demolition and removal of buildings and1234
improvements.1235

       (G) "Total project unit cost" or "total project cost" means1236
the aggregate of the following items as related to any unit of a1237
project if the project is to be undertaken in units or to the1238
total project if the project is not to be undertaken in units:1239

       (1) Cost of the land to the community urban redevelopment1240
corporation;1241

       (2) Architects', engineers', and attorneys' fees paid or1242
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 at1247
the corporation's expense;1248

       (5) Insurance, interest, and finance costs during1249
construction;1250

       (6) Cost of obtaining initial permanent financing;1251

       (7) Commissions and other expenses paid or payable in1252
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 division1256
(G) (4) of this section, to be computed in accordance with the1257
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 gross1271
rental and other income of a community urban redevelopment1272
corporation from the project. If in any leasing, any real estate1273
taxes or assessments on property included in the project, any1274
premiums for fire or other insurance on or concerning property1275
included in the project, or any operating or maintenance expenses1276
ordinarily paid by a landlord are to be paid by the tenant, such1277
payments shall be computed and deemed to be part of the rent and1278
shall be included in the annual gross revenue. The financial1279
agreement provided for in section 1728.07 of the Revised Code1280
shall establish the method of computing such additional revenue,1281
and may establish a method of arbitration where either the1282
landlord or the tenant disputes the amount of such payments so1283
included in the annual gross revenue.1284

       (I) "Major disaster" means any tornado, storm, flood, high1285
water, wind-driven water, tidal wave, earthquake, fire, or other1286
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 action1306
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 or1319
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 be1322
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 a1337
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, and1346
3735.40 to 3735.50 of the Revised Code:1347

       (A) "Federal government" includes the United States, the1348
federal works administrator, or any other agency or1349
instrumentality, corporate or otherwise, of the United States.1350

       (B) "Slum area" means any area where dwellings predominate1351
which, by reason of dilapidation, overcrowding, faulty arrangement 1352
or design, lack of ventilation, light, or sanitary facilities, or 1353
any combination of these factors, are detrimental to safety, 1354
health, or moralshas the meaning defined in section 1.08 of the 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 rural1363
dwellings, apartments, or other living accommodations for persons1364
of low income. Such work or undertaking may include buildings,1365
land, equipment, facilities, and other real or personal property1366
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. "Housing1371
project" also may be applied to the planning of the buildings and1372
improvements, the acquisition of property, the demolition of1373
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 who1377
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 more1382
persons, a single person who has attained the age at which an1383
individual may elect to receive an old age benefit under Title II1384
of the "Social Security Act" or is under disability as defined in1385
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. Horney1403
(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. Horney1415
(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