As Passed by the Senate

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 

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A BILL

To amend sections 163.01, 163.02, 163.03, 163.04,

1

163.05, 163.06, 163.08, 163.09, 163.12, 163.14,

2

163.15, 163.16, 163.17, 163.19, 163.20, 163.21,

3

163.22, 163.52, 163.53, 163.54, 163.55, 163.56,

4

163.57, 163.58, 163.59, 163.60, 163.61, 163.62,

5

303.26, 719.012, 725.01, 725.02, 725.05, 725.11,

6

1728.01, 3735.40, and 3735.59, and to enact

7

sections 1.08, 163.021, 163.211, and 163.63, and

8

to repeal section 163.51 of the Revised Code to

9

implement recommendations of the Eminent Domain

10

Task Force and to create other procedures to

11

protect the rights of property owners.

12

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

Section 1. That sections 163.01, 163.02, 163.03, 163.04,	13
163.05, 163.06, 163.08, 163.09, 163.12, 163.14, 163.15, 163.16,	14
163.17, 163.19, 163.20, 163.21, 163.22, 163.52, 163.53, 163.54,	15
163.55, 163.56, 163.57, 163.58, 163.59, 163.60, 163.61, 163.62,	16
303.26, 719.012, 725.01, 725.02, 725.05, 725.11, 1728.01, 3735.40,	17
and 3735.59 be amended and sections 1.08, 163.021, 163.211, and	18
163.63 of the Revised Code be enacted to read as follows:	19

Sec. 1.08. As used in the Revised Code:

20

(A) "Blighted property" means a property that to which either	21
of the following applies:	22

(1) The property has either of the following conditions:

23

(a) The property contains a structure that is dilapidated,	24
unsanitary, unsafe, or vermin infested, and because of its	25
condition an agency that is responsible for the enforcement of	26
housing, building, or fire codes has designated it unfit for human	27
habitation or use.	28

(b) The property poses a direct threat to public health or	29
safety in its present condition by reason of environmentally	30
hazardous conditions, solid waste pollution, or contamination.	31

(2) The property has two or more of the following conditions:

32

(a) The property or a structure on the property constitutes a	33
public nuisance because of its physical condition, use, or	34
occupancy.	35

(b) The property contains a structure that in its current	36
condition is a fire hazard or otherwise is dangerous to the safety	37
of persons or property.	38

(c) The property contains a structure from which the	39
utilities, plumbing, heating, sewerage, or other necessary	40
facilities have been disconnected, destroyed, removed, or rendered	41
ineffective so that the property is unfit for its intended use.	42

(d) The property is a vacant or unimproved lot or parcel in a	43
predominantly built-up-neighborhood that, by reason of neglect or	44
lack of maintenance, has become a place for accumulation of trash	45
and debris, or a haven for vermin.	46

(e) The property has tax delinquencies that exceed the value	47
of the property.	48

(f) The property or a structure on the property has	49
significant code violations that substantially affect health or	50
safety, and at least one year has passed since an appropriate code	51
enforcement agency provided notice to the owner of the need to	52
rehabilitate the property or structure, and the property or	53
structure has not been substantially rehabilitated.	54

(g) The property is an abandoned property, meaning that the	55
owner or estate in possession of the property has declared it to	56
be abandoned, or the property is occupied by a person who does not	57
have a legal or equitable right to occupy the property and the	58
entity taking the property is unable to identify and communicate	59
with the owner despite making reasonable efforts.	60

(B) "Blighted area" and "slum" mean a delineated area that	61
the taking agency establishes, that is comprised of contiguous	62
properties, and in which over ninety per cent of all properties	63
within the borders of the delineated area are blighted properties.	64
Only properties within the delineated boundaries may be considered	65
in the determination that an area is a "blighted area" or "slum."	66
No area may be designated as a "blighted area" or "slum" unless	67
the boundaries of that area are clearly delineated on a map that	68
is made available to the public.	69

(C)(1) When determining whether a property is a blighted	70
property or whether an area is a blighted area or slum, no person	71
shall consider whether the property could generate more tax	72
revenues if put to another use.	73

(2) No agency with the power to appropriate property shall	74
use that power as a substitute for the enforcement of nuisance	75
laws.	76

(D) Notwithstanding any other provision of this section,	77
absent any environmental or public health hazard that cannot be	78
corrected under its current use or ownership, a property is not a	79
blighted property because of any condition that is a blighting	80
condition under division (A) of this section if its condition is	81
consistent with conditions that are normally incident to generally	82
accepted agricultural practices and the land is used for purposes	83
consistent with the definition of "agriculture" in section 1.61 of	84
the Revised Code, or the county auditor of the county in which the	85
land is located has determined under section 5713.31 of the	86
Revised Code that the land is "land devoted exclusively to	87
agricultural use" as defined in section 5713.30 of the Revised	88
Code.	89

Sec. 163.01.  As used in sections 163.01 to 163.22 of the	90
Revised Codethis chapter:	91

(A) "Public agency" means any governmental corporation,	92
instrumentality, unit, organization, or officer authorized by law	93
to appropriate property in the courts of this state. "Private	94
"Public agency" does not include a utility owned by a municipal	95
corporation.	96

(B) "Private agency" means any other corporation, firm,	97
partnership, voluntary association, joint-stock association, or	98
company that is not a "public agency," authorized by law to	99
appropriate property in the courts of this state. "Agency"	100
includes	101

(B)(C) "Agency" means any public agency or private agency	102
authorized by law to appropriate property in the courts of this	103
state. "Agency" includes a utility owned by a municipal	104
corporation.	105

(D) "Business" means any lawful activity, excepting a farm	106
operation, conducted primarily for one or more of the following:	107

(1) The purchase, sale, lease, and rental of personal and	108
real property, and for the manufacture, processing, or marketing	109
of products, commodities, or any other personal property;	110

(2) The sale of services to the public;

111

(3) By a nonprofit organization;

112

(4) Solely for the purposes of section 163.53 of the Revised	113
Code, for assisting in the purchase, sale, resale, manufacture,	114
processing, or marketing of products, commodities, personal	115
property, or services by the erection and maintenance of an	116
outdoor advertising display or displays, whether or not such	117
display or displays are located on the premises on which any of	118
the above activities are conducted.	119

(E) "Comparable replacement dwelling" means any dwelling that	120
is decent, safe, and sanitary; adequate in size to accommodate the	121
occupants; within the financial means of the displaced person;	122
functionally equivalent to the displaced person's dwelling; in an	123
area not subject to unreasonable adverse environmental conditions;	124
and in a location generally not less desirable than the location	125
of the displaced person's dwelling with respect to public	126
utilities, facilities, services, and the displaced person's place	127
of employment.	128

(F) "Court" includesmeans the court of common pleas andor	129
the probate court of any county in which the property sought to be	130
appropriated is located in whole or in part.	131

(C)(G) "Displaced person" means any person who moves from	132
real property or moves personal property from real property on	133
which the person is a residential tenant or conducts a business or	134
farm operation, when that move is a direct result of a written	135
notice of intent to acquire or the acquisition of that real	136
property, in whole or in part, under a program or project an	137
agency undertakes or as a direct result of rehabilitation,	138
demolition, or other displacing activity on real property by an	139
agency, and the head of the agency determines that the	140
displacement is permanent.	141

"Displaced person" does not include a person who has been	142
determined, according to criteria the head of the agency	143
establishes, to be either in unlawful occupancy of the	144
displacement dwelling or to have occupied that dwelling for the	145
purpose of obtaining assistance under this chapter, or a person	146
who became an occupant of the dwelling after its acquisition and	147
whose occupancy is on a rental basis for a short term or a period	148
subject to termination when the property is needed for the program	149
or project.	150

(H) "Farm operation" means any activity conducted solely or	151
primarily for the production of one or more agricultural products	152
or commodities, including timber, for sale or home use, and	153
customarily producing such products or commodities in sufficient	154
quantity to be capable of contributing materially to the	155
operator's support.	156

(I) "Mortgage" means the classes of liens commonly given to	157
secure advances on, or the unpaid purchase price of, real	158
property, under the laws of Ohio, together with the credit	159
instruments, if any, secured thereby.	160

(J) "Owner" includesmeans any individual, partnership,	161
association, or corporation having any estate, title, or interest	162
in any real property sought to be appropriated.	163

(D)(K) "Person" includes any individual, partnership,	164
corporation, or association.	165

(L) "Real property," "land," or "property" includesmeans any	166
estate, title, or interest in any real property whichthat is	167
authorized to be appropriated by the agency in question, unless	168
the context otherwise requires.	169

(M) "Goodwill" means the calculable benefits that accrue to a	170
business as a result of its location, reputation for	171
dependability, skill or quality, and any other circumstances that	172
result in probable retention of old, or acquisition of new,	173
patronage.	174

Sec. 163.02.  (A) Except as provided in divisions (B), (C),	175
(D), and (F) of this section, allAll appropriations of real	176
property shall be made pursuant to sections 163.01 to 163.22 of	177
the Revised Codethis chapter, except as otherwise provided in	178
section 163.06 of the Revised Code or because of a public exigency	179
as provided in division (B) of section 307.08, 6101.181, 6115.221,	180
6117.39, or 6119.11, or division (D) of section 514.19 of the	181
Revised Code.	182

(B) Subject to division (E) of this section, theThe director	183
of transportation may appropriate real property pursuant to	184
sections 163.01 to 163.22 of the Revised Codethis chapter or as	185
otherwise provided by law.	186

(C) Subject to division (E) of this section, a conservancy	187
district may appropriate real property by procedures prescribed in	188
Chapter 6101. of the Revised Code.	189

(D) Subject to division (E) of this section, a sanitary	190
district may appropriate real property by procedures prescribed in	191
Chapter 6115. of the Revised Code.	192

(E) When the director of transportation, a conservancy	193
district, or a sanitary district proceedsNotwithstanding any	194
authority to appropriate real property other than under sections	195
163.01 to 163.22 of the Revised Code, the proceedings areto the	196
contrary, any proceeding to appropriate real property is subject	197
to division (B) of section 163.21 of the Revised Code.	198

(F) A county, township that has adopted a limited home rule	199
government, conservancy district, sanitary district, county sewer	200
district, or a regional water and sewer district also may	201
appropriate real property in the manner prescribed in division (B)	202
of section 307.08, 6101.181, 6115.221, 6117.39, or 6119.11 or	203
division (D) of section 504.19 of the Revised Code, as applicable.	204

(G)(D) Any instrument by which the state or an agency of the	205
state acquires real property pursuant to this sectionchapter	206
shall identifyinclude all of the following:	207

(1) The name of the agency of the state that has the use and	208
benefit of the real property as, specified in the manner that	209
section 5301.012 of the Revised Code.requires;	210

(2) A statement of the purpose of the appropriation as	211
provided with the appropriation petition;	212

(3) A statement that the prior owner possesses a right of	213
repurchase pursuant to section 163.211 of the Revised Code if the	214
agency decides not to use the property for the purpose stated in	215
the appropriation petition and the owner provides timely notice of	216
a desire to repurchase. Nothing in this section affects the	217
authority of the director of transportation to convey unneeded	218
property pursuant to division (F) of section 5501.34 of the	219
Revised Code.	220

(E) Nothing in this chapter precludes any person from	221
voluntarily conveying a property to an agency that is considering	222
appropriating the property or that offers to purchase the property	223
under threat of appropriation. Any such voluntary conveyance of a	224
property to an agency is deemed for all purposes to be a sale	225
under the threat of appropriation for a public use. This division	226
applies to a voluntary conveyance to an agency regardless of	227
whether the property is a blighted property or is located in a	228
blighted area, or the property subsequently could be found for any	229
reason not to qualify for appropriation by the agency.	230

Sec. 163.021. (A)(1) No agency shall appropriate real	231
property except as necessary and for a public use. In any	232
appropriation, the taking agency shall show by a preponderance of	233
the evidence that the taking is necessary and for a public use.	234

(2) "Public use" does not include any taking that is for	235
conveyance to a private commercial enterprise, for economic	236
development, or solely for the purpose of increasing public	237
revenue, unless the taking agency shows by a preponderance of the	238
evidence that the property being appropriated is within a blighted	239
area and the taking is pursuant to a redevelopment plan having a	240
purpose of eliminating blight that has been adopted by the	241
legislative authority where the property is located.	242

(3) All of the following are presumed to be a public use:	243
utility facilities, roads, sewers, water lines, public schools,	244
public parks, government buildings, projects by an agency that is	245
a public utility as defined in section 4905.02 of the Revised Code	246
or an agency holding a certificate of public convenience and	247
necessity granted by the federal energy regulatory commission, an	248
electric cooperative as defined in section 4928.01 of the Revised	249
Code, and similar facilities and uses of land.	250

(B)(1) No public agency that is not elected may appropriate	251
real property unless the public agency or elected individual that	252
appointed the agency approves the appropriation or a majority of	253
the appointing public agencies or elected individuals approve the	254
appropriation if more than one agency or individual participated	255
in the appointment. If the agency that is not elected is a state	256
agency or a state instrumentality such as a university, the	257
approval shall be by the governor.	258

(2) Approval pursuant to this division shall be obtained for	259
each appropriation or each project for which the agency proposes	260
to appropriate property. If the project includes more than one	261
property, an agency may request approval for the project only if	262
that request includes a description of all affected properties in	263
the project by the street address of each property or other method	264
of identification by which an owner reasonably would be made aware	265
that the owner's property is included in the project. If the	266
agency adds properties to the project following an approval, the	267
agency shall seek an additional approval for appropriation of	268
those additional properties pursuant to the same procedures and	269
requirements as the initial approval. Authority to approve	270
appropriations may not be delegated to an agency that is not	271
elected.	272

(C) No park board, park district, board of directors of a	273
conservancy district, incorporated association with a purpose of	274
establishing or preserving public parks and memorial sites, or	275
similar park authority shall appropriate real property unless that	276
property is located within the entity's jurisdiction.	277

(D) Any public agency with authority to appropriate property	278
outside its jurisdiction shall obtain approval for the proposed	279
appropriation from the legislative authority where the property is	280
located and shall include a copy of that approval with any	281
petition for appropriation.	282

Sec. 163.03.  Any agency may, upon the notice prescribed in	283
this section, prior to or subsequent to the filing of a petition	284
pursuant to section 163.05 of the Revised Code, enter upon any	285
lands, waters, and premises for the purpose of making such	286
surveys, soundings, drillings, appraisals, and examinations as are	287
necessary or proper for the purpose of the agency under sections	288
163.01 to 163.22, inclusive, of the Revised Code,this chapter and	289
suchthat entry shalldoes not constitute a trespass. Notice of	290
sucha proposed entry shall be given to the owner or the person in	291
possession by such means as are reasonably available not less than	292
forty-eight hours nor more than thirty days prior to the date of	293
suchthe proposed entry.	294

The agency shall make restitution or reimbursement for any	295
actual damage resulting to such lands, waters, and premises and to	296
improvements or personal property located in, on, along, over, or	297
under suchthose lands, waters, and premises, as a result of such	298
activities this section authorizes. If the parties are unable to	299
agree upon restitution or other settlement, damages are	300
recoverable by civil action to which the state or agency hereby	301
consents.	302

Sec. 163.04. (A)(1) Any public agency that appropriates real	303
property shall adopt procedures under which the public is entitled	304
to provide input on a proposed appropriation. Any procedure shall	305
include notice and a reasonable public comment period. For at	306
least two consecutive weeks prior to any appropriation, the agency	307
shall provide a weekly notice of the proposed appropriation in a	308
newspaper of general circulation in the county in which the	309
appropriation is proposed. If the notice is for a project that	310
includes more than one property, the notice shall describe the	311
project and identify each property in the project by the	312
property's street address or other method reasonably designed to	313
enable an owner to recognize that the owner's property is included	314
in the project. Any notice shall specify the dates during which	315
the agency will accept written comment and set forth the address	316
to which persons may submit comment. The notice this division	317
requires may be made for the appropriation of an individual	318
property or for a project so long as the notice for a project	319
clearly identifies each property in that project and each owner is	320
given an opportunity to provide comment. If the agency adds	321
additional properties to the project, the agency shall repeat the	322
procedure this division describes for those additional properties.	323
During the period of public comment, the agency shall accept from	324
any person a written comment addressing the proposed appropriation	325
and any project for which that appropriation would be made.	326

(2) Any public agency that is not elected by the public also	327
shall hold at least one public hearing per appropriation or	328
project following the two weeks' published notice that this	329
section requires. The agency's notice shall include, in addition	330
to all requirements of division (A)(1) of this section, notice of	331
the time, date, and location of the public hearing. A public	332
hearing may be held for an individual property or for a project so	333
long as the notice for a project clearly identifies each property	334
in that project and each owner is given an opportunity to provide	335
comment at the public hearing. If the agency adds additional	336
properties to the project, the agency shall repeat the procedure	337
this division describes for those additional properties.	338

(3) Any agency that is a public utility as defined in section	339
4905.02 of the Revised Code, an electric cooperative as defined in	340
section 4928.01 of the Revised Code, or a utility owned by a	341
municipal corporation satisfies the notice and hearing	342
requirements of this division if the agency has a certificate	343
granted by a regulatory agency for the facility or project for	344
which property will be appropriated. If the public utility,	345
electric cooperative, or utility owned by a municipal corporation	346
does not have such a certificate, it shall provide notice to all	347
affected property owners at least thirty days prior to any initial	348
offer to purchase property. The notice shall inform the owner that	349
all or a portion of the property is necessary for a project,	350
describe the nature of that project, and describe each property to	351
be acquired by street address or other reasonable method that	352
would enable an owner to identify the property.	353

(4) This division does not apply to any appropriation to	354
eliminate a health nuisance or pursuant to a public exigency as	355
described in division (A) of section 163.02 or section 163.06 of	356
the Revised Code.	357

(B) No agency shall appropriate property unless prior to	358
filing a petition for appropriation the agency makes a good faith	359
offer to the owner and provides the owner or the guardian, agent,	360
or trustee of the owner with a copy of an appraisal, a summary	361
appraisal if the agency performed only a summary appraisal, or a	362
written explanation of how the agency established the value of the	363
property. The agency need not provide the owner, guardian, agent,	364
or trustee an appraisal, summary appraisal, or written explanation	365
of value if none of the persons to be provided the information is	366
known or their residence or business address cannot be ascertained	367
with reasonable diligence. The tax records of the county auditor	368
shall not be used to determine a property's value in an	369
appropriation action, but county tax payment records shall be	370
prima facie evidence of ownership for purposes of an adverse	371
possession action.	372

(C) Appropriations shall be made only after the agency is	373
unable to agree on a conveyance or the terms of a conveyance, for	374
any reason, with theany owner, or if more than one, any owner, or	375
histhe guardian or trustee, or when anyof any owner, unless no	376
owner is incapablecapable of contracting in person or by agent	377
and has no guardian or trustee, or is unknown, or is not a	378
resident of this state, or histhe residence is unknown to the	379
agency andor business address of any of these persons who could	380
approve a conveyance cannot with reasonable diligence be	381
ascertained with reasonable diligence.	382

Sec. 163.05.  An agency whichthat has met the requirements	383
of section 163.04 of the Revised Code, may commence proceedings in	384
a proper court by filing a petition for appropriation of each	385
parcel or contiguous parcels in a single common ownership, or	386
interest or right therein. The petition of a private agency shall	387
be verified as in a civil action and all. All petitions shall	388
contain:	389

(A) A description of each parcel of land or interest or right	390
therein sought to be appropriated, such as will permit ready	391
identification of the land involved;	392

(B) In the case of a private agency, a(1) A statement that	393
suchthe appropriation is necessary, for a public use, and, in the	394
case ofif a public agency or an agency for which a resolution or	395
approval is required, a copy of the resolution or approval of the	396
public agency to appropriate;	397

(2) A statement showing the appraised value or the agency's	398
estimated value of the property and affirming that the stated	399
amount was offered to the owner as compensation;	400

(3) If the property is part of a blighted area that is being	401
appropriated pursuant to a redevelopment plan, a statement that	402
shows the basis for the finding of blight and that supports that	403
the redevelopment area in which the parcel is located is a	404
"blighted area" as defined in section 1.08 of the Revised Code,	405
and a map that clearly sets forth the delineated boundaries of the	406
redevelopment area.	407

(C) A statement of the purpose of the appropriation;

408

(D) A statement of the estate or interest sought to be	409
appropriated;	410

(E) The names and addresses of the owners, so far as they can	411
be ascertained;	412

(F) A statement showing requirements of section 163.04 of the	413
Revised Code have been met;	414

(G) A prayer for the appropriation;.

415

(H) In the event of an appropriation where the agency would	416
require less than the whole of any parcel containing a residence	417
structure and the required portion would remove a garage and	418
sufficient land that a replacement garage could not be lawfully or	419
practically attached, the appropriation shall be for the whole	420
parcel and all structures unless, at the discretion of the owner,	421
the owner waives this requirement, in which case the agency shall	422
appropriate only the portion that the agency requires as well as	423
the entirety of any structure that is in whole or in part on the	424
required portion.	425

In the event of the appropriation of less than the fee of any	426
parcel or of a fee in less than the whole of any parcel of	427
property, the agency shall either make available to the owner or	428
shall file in the office of the county engineer, a description of	429
the nature of the improvement or use which requires the	430
appropriation, including any specifications, elevations, and grade	431
changes already determined at the time of the filing of the	432
petition, in sufficient detail to permit a determination of the	433
nature, extent, and effect of the taking and improvement. A set of	434
highway construction plans shall be acceptable in providing such	435
description for the purposes of the preceding sentence in the	436
appropriation of land for highway purposes.	437

Sec. 163.06.  (A) A public agency, other than an agency	438
appropriating property for the purposes described in division (B)	439
of this section, which qualifiesthat is appropriating property	440
due to a public exigency that requires its immediate seizure	441
pursuant to Section 19 of Article I, Ohio Constitution, may	442
deposit with the court at the time of filing the petition the	443
value of such property appropriated together with the damages, if	444
any, to the residue, as determined by the public agency, and	445
thereupon take possession of and enter upon the property	446
appropriated. The right of possession upon deposit as provided in	447
this division shalldoes not extend to structures.	448

(B)(1) A public agency appropriating property for the purpose	449
of making or repairing roads which shallthat will be open to the	450
public, without charge, or for the purpose of implementing rail	451
service under Chapter 4981. of the Revised Code, may deposit with	452
the court at the time of filing the petition the value of suchthe	453
property appropriated together with the damages, if any, to the	454
residue, as determined by the public agency, and stated in an	455
attached declaration of intention to obtain possession and	456
thereupon, take possession of, and enter upon the property	457
appropriated, including structures situated upon the land	458
appropriated for such purpose or situated partly upon the land	459
appropriated therefor and partly upon adjoining land, so that such	460
the structures cannot be divided upon the line between suchthe	461
lands without manifest injury thereto. The	462

(2) The jury, in assessing compensation to any owner of land	463
appropriated under this division, shall assess the value thereof	464
of the property in accordance with section 163.14 of the Revised	465
Code. The owner or occupant of such structuresthe structure shall	466
vacate the samestructure within sixty days after service of	467
summons as required under section 163.07 of the Revised Code, at	468
no cost to the appropriating agency, after which time the agency	469
may remove saidany structures. In	470

(3) In the event suchthe structures are to be removed before	471
the jury has fixed thetheir value of the same, the court, upon	472
motion of the agency, shall do all of the following:	473

(1)(a) Order appraisals to be made by three persons, one to	474
be named by the owner, one by the county auditor, and one by the	475
agency. Such appraisals may be used as evidence by the owner or	476
the agency in the trial of saidthe case but shall not be binding	477
on saidthe owner, agency, or the jury, and the expense of said	478
the appraisals shall be approved by the court and charged as costs	479
in said case.	480

(2)(b) Cause pictures to be taken of all sides of saidthe	481
structures;	482

(3)(c) Compile a complete description of saidthe structures,	483
which shall be preserved as evidence in said case to which the	484
owner or occupants shall have access.	485

(C) Any time after the deposit is made by the public agency	486
under division (A) or (B) of this section, the owner may apply to	487
the court to withdraw the deposit, and suchthat withdrawal shall	488
in no way interfere with the action except that the sum so	489
withdrawn shall be deducted from the sum of the final verdict or	490
award. Upon suchan application being made, the court shall direct	491
that the sum be paid to suchthe owner subject to the rights of	492
other parties in interest provided suchthose parties make timely	493
application as provided in section 163.18 of the Revised Code.	494
Interest shall not accrue on any sums withdrawable as provided in	495
this division.	496

(D) If the award exceeds one hundred twenty-five per cent of	497
the amount the agency deposited with the court, the owner shall be	498
awarded attorney's fees, appraisal fees, and expenses as specified	499
in division (B) of section 163.14 of the Revised Code.	500

Sec. 163.08. (A) Any owner may file an answer to suchthe	501
petition described in section 163.05 of the Revised Code. SuchAny	502
answer shall be verified as in a civil action and shall contain a	503
general denial or specific denial of each material allegation not	504
admitted. The agency's right to make the appropriation, whether	505
the appropriation is for a public use, the inability of the	506
parties to agree, and the necessity for the appropriation shall be	507
resolved by the court in favor of the agency unless such matters	508
are specifically denied in the answer and the facts relied upon in	509
support of such denial are set forth therein, provided, when.	510

(B)(1) When property is taken in time of war or other public	511
exigency, imperatively requiring its immediate seizure or for the	512
purpose of making or repairing roads, which shall be open to the	513
public, without charge, an answer may not deny the right to make	514
the appropriation, the inability of the parties to agree, or the	515
necessity for the appropriation. A	516

(2) A petition for appropriation, filed by the director of	517
transportation, which contains a declaration and journalization of	518
histhe director's intent to construct a state highway or	519
interstate highway, shall constitute a presumption that suchthe	520
appropriation is for the purpose of making or repairing roads	521
which shall be open to the public without charge. At a hearing on	522
an issue whether a taking sought by the director of transportation	523
is for the purpose of making or repairing roads open to the public	524
without charge, a set of construction plans made by or for the	525
director and showing the proposed use of the property in	526
connection with the construction or repair of such a road is	527
presumptive evidence of such purpose, notwithstanding that no	528
money has been appropriated for such construction or repair.	529

(C) An answer shall be served in accordance with Civil Rule	530
12. If the agency involved in the action is a private agency, no	531
more than one extension of the time authorized by Civil Rule 12	532
for serving an answer shall be granted pursuant to Civil Rule 6,	533
and that extension shall not exceed thirty days.	534

Sec. 163.09.  (A) If no answer is filed pursuant to section	535
163.08 of the Revised Code, and no approval ordered by the court	536
to a settlement of the rights of all necessary parties, the court,	537
on motion of a public agency, shall declare the value of the	538
property taken and the damages, if any, to the residue to be as	539
set forth in any document properly filed with the clerk of the	540
court of common pleas by the public agency. In all other cases,	541
the court shall fix a time, within twenty days from the last date	542
that the answer could have been filed, for the assessment of	543
compensation by a jury.	544

(B)(1) When an answer is filed pursuant to section 163.08 of	545
the Revised Code and any of the matters relating to the right to	546
make the appropriation, the inability of the parties to agree,	547
whether the appropriation is for a public use, whether a property	548
is located in a blighted area, or the necessity for the	549
appropriation are specifically denied in the manner provided in	550
that section, the court shall set a day, not less than five or	551
more than fifteen days from the date the answer was filed, to hear	552
those matters. Upon those matters, when the owner has established	553
a prima facie case as to any matter denied, the burden of proof	554
with respect to that matter is upon the owneragency by a	555
preponderance of the evidence. A resolution or ordinance of the	556
governing or controlling body, council, or board of the agency	557
declaring the necessity for the appropriation shall be prima-facie	558
evidence of that necessity in the absence of proof showing an	559
abuse of discretion by the agency in determining that necessity.	560
If,The public necessity of the taking is an issue for the court	561
to determine.	562

(2) If, as to any or all of the property or other interests	563
sought to be appropriated, the court determines the matters in	564
favor of the agency, the court shall set a time for the assessment	565
of compensation by the jury within twenty days from the date of	566
the journalization of that determination. An	567

(3)(a) An owner has a right to an immediate appeal if the	568
order of the court is in favor of the agency in any of the matters	569
the owner denied in the answer.	570

(b) An order of the court in favor of the agency on any of	571
the matters or on qualification under section 163.06 of the	572
Revised Code shallis not be a final order for purposes of appeal.	573
An order of the court against the agency on any of the matters or	574
on the question of qualification under section 163.06 of the	575
Revised Code shall beis a final order for purposes of appeal. If	576

(4) If a public agency has taken possession prior to such an	577
a final order and such an order, after any appeal, that order is	578
against the agency on any of the matters, the agency shall restore	579
the property to the owner in its original condition or respond in	580
damages, which may include the items set forth in division (A)(2)	581
of section 163.21 of the Revised Code, recoverable by civil	582
action, to which the state consents.	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 asthat are reasonable under all the circumstances, but	592
in no event later than twenty days after the issues are joined as	593
to 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 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 burden of	603
proof with respect to that value is on the party or parties to the	604
appropriation other than the property owners.	605

(G) In any final, unappealable order that is against the	606
agency as to the necessity of an appropriation, the owner shall be	607
awarded reasonable attorney's fees, expenses, and costs as set	608
forth in division (B) of section 163.21 of the Revised Code.	609

Sec. 163.12.  (A) A view of the premises to be appropriated	610
or of premises appropriated shall be ordered by the court when	611
demandedrequested by a party to the proceedings.	612

(B) The property owners shall open and close the case except	613
that, if the premises are appropriated under section 163.06,	614
307.08, 504.19, 6101.181, 6115.221, 6117.39, or 6119.11 of the	615
Revised Code as the result of a public exigency, the party or	616
parties other than the owners shall open and close the case.	617

(C) The court may amend any defect or informality in	618
proceedings under sections 163.01 to 163.22 of the Revised Code	619
this chapter. The court may cause new parties to be added and	620
direct further notice to be given to a party in interest as the	621
court considers proper.	622

(D) No part of the pleadings, other than the petition, shall	623
be read or exhibited to the jury.	624

Sec. 163.14. (A)(1) In appropriation proceedings the jury	625
shall be sworn to impartially assess the compensation and damages,	626
if any, without deductions for general benefits as to the property	627
of the owner.	628

(2) The jury, in its verdict, shall assess the compensation	629
for the property appropriated and damages, if any, to the residue,	630
to be paid to the owners. When a building or other structure is on	631
the property appropriated or when a building or other structure is	632
situated partly upon the land appropriated and partly upon	633
adjoining land so that the structure cannot be divided upon the	634
line between suchthose lands without manifest injury thereto, the	635
jury, in assessing compensation to any owner of the land, shall	636
assess the value thereof,of such a building as part of the	637
compensation. The title to saidthe structure shall vest in the	638
agency which shall have the right to enter upon theany adjoining	639
land upon which any part of the structure is located for the	640
purpose of removing saidthe structure therefrom, after deposit in	641
accordance with the verdict. SuchThe removal shall be made within	642
ninety days after taking title to the property appropriated;,	643
provided, that the court may extend removal time upon such	644
conditions as the court requires.	645

(3) The jury, in its verdict, shall assess compensation to	646
the owner of a business conducted on the property taken, or on the	647
remainder if the property is partof a larger parcel, for loss of	648
goodwill if the owner proves both of the following:	649

(a) The loss is caused by the taking of the property or the	650
injury to the remainder; and	651

(b) 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 and shall	657
not be duplicated in any compensation otherwise awarded to the	658
owner.	659

(B)(1) If the amount of compensation the jury awards to an	660
owner is greater than one hundred twenty-five per cent of the	661
value the agency included in the appropriation petition as the	662
value of the property and the amount offered to the owner in a	663
good faith offer, the court shall award the owner reasonable	664
attorney's fees and expenses incurred or contracted, including	665
appraisal fees.	666

(2) Any award of attorney's fees pursuant to this section	667
shall be in an amount the judge determines appropriate, not to	668
exceed twenty-five per cent of the amount by which the awarded	669
value exceeds the appraised value that was stated on the	670
appropriation petition or, in the case of an appropriation due to	671
exigency, the amount deposited with the court.	672

(3) Any award of expert witness fees shall be in an amount	673
the judge determines appropriate, not to exceed a total of ten	674
thousand dollars. If cases have been consolidated, the judge shall	675
determine the portion of that amount to be distributed on behalf	676
of each parcel included in the consolidated case.	677

(4) The agency shall deposit any amount awarded pursuant to	678
this division with the court for distribution.	679

(C) The verdict shall be signed by at least three-fourths of	680
the members of the jury.	681

(D) If a jury is discharged without rendering a verdict,	682
another shall be impaneled at the earliest convenient time and	683
shall make the inquiry and assessment.	684

Sec. 163.15. (A) As soon as the agency pays to the owner or	685
party entitled thereto or deposits with the court the amount of	686
the award and the costs assessed against the agency, itthe agency	687
may take possession;, provided, that this right of possession	688
shall not be construed to limit the right of a public agency to	689
enter and take possession,due to a public exigency as provided in	690
section 163.06 of the Revised Code. When the owner has accepted	691
the award or all appeals have been exhausted, the agency is	692
entitled to possession the court shall enter an order to such	693
effect upon the record and, if necessary, process shall be issued	694
to place the agency in possession. Whenever	695

(B) Whenever a final journal entry in an appropriation	696
proceeding, granting to this state a fee title or any lesser	697
estate or interest in real property is filed and journalized by	698
the clerk of courts, the clerk of courts shall forthwith transmit	699
to the county auditor a certified copy of saidthe final journal	700
entry whoand the auditor shall transfer the property on histhe	701
books and transmit saidthe entry with proper endorsement to the	702
county recorder for recording. The costs of filing suchthe final	703
journal entry with the county auditor and the county recorder	704
shall be taxed as costs in the appropriation proceedings the same	705
as other costs are taxed under section 163.16 of the Revised Code.	706

Sec. 163.16.  The court costs, including jury fees, of any	707
proceeding shall be paid as the court directs, except as may be	708
provided for in cases subject to division (A)(2) or (B)(1) of	709
section 163.21 of the Revised Codeby the agency that is	710
appropriating the property. The agency may offer to confess	711
judgment for the amount to be stated and the court costs then made	712
in favor of any owner who in any manner enters an appearance or	713
upon whom service has been made. If such owner refuses to accept	714
such offer and as a result of the trial does not receive more, he	715
shall pay all court costs accruing after the offer.	716

Sec. 163.17. (A) Where the agency has the right to take	717
possession of the property before the verdict upon payment into	718
court of a deposit for an appropriation due to a public exigency	719
pursuant to section 163.06 of the Revised Code, and a portion of	720
saidthat deposit may be withdrawn immediately by the owner, the	721
amount of the verdict whichthat exceeds the portion of the	722
deposit withdrawable shall beis subject to interest from the date	723
of taking to the date of actual payment of the award.	724

(B) Where the agency has no right to take possession of the	725
property before the verdict, if the award is not paid to the owner	726
or deposited in court within twenty-one days after journalization	727
of the verdict, interest thereafter shall accrue, except that	728
where the owner appeals, interest shall not accrue until the	729
agency takes possession.	730

(C) If the owner appeals and is granted a larger award,	731
interest shall be paid on the additional amount awarded from the	732
date of taking possession to the date of actual payment or date of	733
deposit with immediate right of withdrawal.	734

(D) If the agency wishes to appeal, it may require the	735
deposit to remain with the court pending final disposition of the	736
case, provided it pays interest on the final award from date of	737
taking possession to the date the money is actually paid or made	738
available to the owner;, provided, the owner may withdraw the	739
entire award upon posting an appropriate refund bond set by the	740
court;, and provided, that where a building or other structure is	741
taken, the court may, on application of the owner, permit the	742
owner to withdraw a reasonable portion of the award allocable to	743
the building without giving bond.	744

(E) If the amount of any deposit actually withdrawn by the	745
owner exceeds the final award from which no appeal is or can be	746
taken, then the owner at the time of entry of judgment on such	747
that award shall refund at once to the court for the account of	748
the agency the amount of such excess plus interest on suchthat	749
excess from the date of withdrawal of suchthe excess until the	750
date of suchthe refund, and upon the failure of the owner to make	751
sucha refund, the agency shall be entitled to a money judgment	752
against the owner.	753

(F) Except for cases involving the department of	754
transportation, interest as provided for in this section shall be	755
at the rate of interest for judgments as set forth in section	756
1343.03 of the Revised Code. In a case involving the appropriation	757
of property by the department of transportation, and the	758
department is the sole public agency seeking to appropriate	759
property in the case, interest as provided for in this section	760
shall be at the per annum rate of either the interest rate as	761
defined and established in division (B) of section 5703.47 of the	762
Revised Code, or ten per cent, whichever is less.	763

Sec. 163.19.  Subject to sections 163.07 and 163.09 of the	764
Revised Code, any party may prosecute appeals as in other civil	765
actions from the judgment of the court. The trial court upon	766
proper terms may suspend the execution of any order; but in all	767
cases where the agency pays or deposits the amount of the award	768
assessed and gives adequate security for any further compensation	769
and costs, as required by the court, the right to take and use the	770
property appropriated shall not be affected by such review by the	771
appellate courts.	772

Any appeal in an appropriation action shall be heard in an	773
expedited manner and any owner shall have the right to an	774
immediate appeal as specified in section 163.09 of the Revised	775
Code.	776

Either party may request, and the court may grant, a stay on	777
appeal, provided that the owner posts a supersedeas bond in an	778
amount the court determines.	779

Sec. 163.20.  An agency may appropriate in accordance with	780
sections 163.01 to 163.22, inclusive, of the Revised Code,this	781
chapter any property in which an interest has been appropriated,	782
in order to perfect title in itself.	783

Sec. 163.21.  (A)(1) If itAn agency that has not taken	784
possession of property that is appropriated, an agency may abandon	785
appropriation proceedings under sections 163.01 to 163.22 of the	786
Revised Codethis chapter at any time after the proceedings are	787
commenced but not later than ninety days after the final	788
determination of the cause.	789

(2) In all cases of abandonment as described in division	790
(A)(1) of this section, the court shall enter a judgment against	791
the agency for costs, including jury fees, and shall enter a	792
judgment in favor of each affected owner, in amounts that the	793
court considers to be just, for each of the following that the	794
owner incurred:	795

(a) Witness fees, including expert witness fees, appraisal	796
fees, and engineering fees;	797

(b) Attorney's fees;

798

(c) Other actual and reasonable costs, expenses, and	799
disbursements.	800

(B)(1) Except as provided in division (B)(2) of this section,	801
if inIn appropriation proceedings under sections 163.01 to 163.22	802
of the Revised Codethis chapter or, as authorized by divisions	803
(A) and (B), (C), and (D) of section 163.02 of the Revised Code,	804
infor appropriation proceedings under other sections of the	805
Revised Code, if the court determines that an agency is not	806
entitled to appropriate particular property, the court shall enter	807
both of the following:	808

(a) A judgment against the agency for costs, including jury	809
fees;	810

(b) A judgment in favor of each affected owner, in amounts	811
that the court considers to be just, for the owner's reasonable	812
costs, disbursements, and expenses, to include witness fees,	813
including expert witness fees, for attorney's fees, appraisal and	814
engineering fees, and for other actual expenses that the owner	815
incurred in connection with the proceedings.	816

(2) This division does not apply to a state agency that is	817
subject to section 163.62 of the Revised Code in connection with	818
condemnation proceedingsAny award to an owner pursuant to this	819
section shall be paid by the head of the agency for whose benefit	820
the appropriation proceedings were initiated.	821

Sec. 163.211. (A) If an agency abandons a project or decides	822
not to use appropriated property for the purpose stated in the	823
appropriation petition, the prior owner from whom the property was	824
appropriated may repurchase the property if that owner provided	825
timely notice to the agency that the owner desires to repurchase	826
the property and the agency has not conveyed or transferred title	827
to the property to another person or agency.	828

(B) The right of repurchase is extinguished five years after	829
the agency acquires the property or prior to that time if any of	830
the following occur:	831

(1) The prior owner declines to repurchase the property;

832

(2) The prior owner fails to repurchase the property within	833
sixty days after the agency offers the property for repurchase;	834

(3) The property qualified as blighted property at the time	835
it was appropriated.	836

(C) Nothing in this section affects the authority of the	837
director of transportation to convey unneeded property pursuant to	838
division (F) of section 5501.34 of the Revised Code.	839

(D) The fair market value of the property that an owner may	840
repurchase pursuant to this section may be determined by mutual	841
agreement of the owner and the agency. If they are unable to	842
agree, the court shall determine the fair market value. The owner	843
shall pay for the property the lesser of that fair market value	844
that the court determines or the price the agency paid for the	845
acquisition, increased by the amount by which the consumer price	846
index increased since that acquisition.	847

Sec. 163.22.  All proceedings brought under sections 163.01	848
to 163.22 of the Revised Codethis chapter shall be governed by	849
the law applicable in civil actions and the Rules of Civil	850
Procedure, including, but not limited to, the rules governing	851
discovery, except as otherwise provided in those sections. The	852
proceedings shall be advanced as a matter of immediate public	853
interest and concern and shall be heard by the court at the	854
earliest practicable moment.	855

Sec. 163.52.  (A) The failure of an acquiring agency to	856
satisfy a requirement of section 163.59 of the Revised Code does	857
not affect the validity of any property acquisition by purchase or	858
condemnationappropriation.	859

(B) Nothing in sections 163.51163.52 to 163.62 of the	860
Revised Code shall be construed as creating, in any condemnation	861
appropriation proceeding brought under the power of eminent	862
domain, any element of value or damage not in existence	863
immediately prior to June 11, 1971.	864

Sec. 163.53.  (A) Whenever the acquisition of real property	865
for a program or project undertaken by a displacingan agency will	866
result in the displacement of any person, the head of the agency	867
shall make a payment to any displaced person, upon proper	868
application as approved by suchthe agency head, for all of the	869
following:	870

(1) Actual reasonable expenses in moving himselfthe person,	871
hisand the person's family, business, farm operation, or other	872
personal property;	873

(2) Actual direct losses of tangible personal property as a	874
result of moving or discontinuing a business or farm operation,	875
but not to exceed an amount equal to the reasonable expenses that	876
would have been required to relocate suchthe property, as	877
determined by the head of the displacing agency;	878

(3) Actual reasonable expenses in searching for a replacement	879
business or farm, not to exceed twenty-five hundred dollars;	880

(4) Actual and reasonable expenses necessary to reestablish a	881
displaced farm, nonprofit organization, or small business at its	882
new site, but not to exceed ten thousand dollars.	883

(B) Any displaced person eligible for payments under division	884
(A) of this section who is displaced from a dwelling and who	885
elects to accept the payments authorized by this divisionmay	886
elect, in lieu of the payments authorized by division (A) of this	887
section may, to receive an expense and dislocation allowance,	888
determined according to a schedule established by the head of the	889
displacing agency.	890

(C) Any displaced person eligible for payments under division	891
(A) of this section who is displaced from histhe person's place	892
of business or from histhe person's farm operation may qualify	893
for the payment authorized by this division in lieu of the payment	894
authorized by division (A) of this section. The payment authorized	895
by this division shall consist of a fixed payment in an amount to	896
be determined according to criteria established by the head of the	897
lead agencybased on the average annual net income of the business	898
or farm operation for the two years prior to the displacement,	899
except that such payment shall be not less than one thousand	900
dollars nor more than twenty thousand dollars. A person whose sole	901
business at the displacement dwelling is the rental of suchthe	902
property to others does not qualify for a payment under this	903
division.	904

(D)(1) Except as provided in section 5501.51 of the Revised	905
Code, if a program or project undertaken by a displacingan agency	906
results in the relocation of a utility facility, and the purpose	907
of the program or project was not to relocate or reconstruct any	908
utility facility;, and if the owner of the utility facility which	909
that is being relocated under suchthe program or project has	910
entered into a franchise or similar agreement with the state or	911
local government on whose property, easement, or right-of-way such	912
the facility is located with respect to the use of suchthe	913
property, easement, or right-of-way;, and if the relocation of	914
suchthe facility results in suchthe owner incurring an	915
extraordinary cost in connection with suchthe relocation; then,	916
the displacing agency may, in accordance with such rules as the	917
head of the lead agency may adoptadopts, provide to suchthe	918
owner a relocation payment whichthat may not exceed the amount of	919
suchany extraordinary cost, less any increase in the value of the	920
new utility facility above the value of the old utility facility,	921
and less any salvage value derived from the old utility facility.	922

(2) As used in division (D) of this section:

923

(a) "Extraordinary cost in connection with a relocation"	924
means any cost incurred by the owner of a utility facility in	925
connection with relocation of suchthe facility that is determined	926
by the head of the displacing agency, under such rules as the head	927
of the lead agency shall adoptadopts, to be a nonroutine	928
relocation expense, to be a cost that owner ordinarily does not	929
include in its annual budget as an expense of operation, and to	930
meet such other requirements as the lead agency may prescribe in	931
such rulesby rule.	932

(b) "Utility facility" means any electric, gas, water, steam	933
power, or materials transmission or distribution system; any	934
transportation system; any communications system, including cable	935
television; and any fixture, equipment, or other property	936
associated with the operation, maintenance, or repair of any such	937
system; which is located on property owned by a state or local	938
government or over which a state or local government has an	939
easement or right-of-way. A utility facility may be publicly,	940
privately, or cooperatively owned.	941

Sec. 163.54.  (A) In addition to payments this chapter	942
otherwise authorized by sections 163.51 to 163.62 of the Revised	943
Codeauthorizes, the head of the displacing agency displacing the	944
owner shall make an additional payment not to exceed twenty-two	945
thousand five hundred dollars to any displaced person who is	946
displaced from a dwelling actually owned and occupied by himthe	947
person for not less than one hundred eighty days prior to the	948
initiation of negotiations for the acquisition of the property.	949
Such additional payment shall include the following elements:	950

(1) The amount, if any, which when added to the acquisition	951
cost of the dwelling acquired by the displacing agency, equals the	952
reasonable cost of a comparable replacement dwelling.	953

(2) The amount, if any, which will compensate the displaced	954
person for any increased interest costs and other debt service	955
costs which the person is required to pay for financing the	956
acquisition of a comparable replacement dwelling. This amount	957
shall be paid only if the dwelling acquired by the displacing	958
agency was encumbered by a bona fide mortgage whichthat was a	959
valid lien on the dwelling for not less than one hundred eighty	960
days prior to the initiation of negotiations for the acquisition	961
of the dwelling.	962

(3) Reasonable expenses the person incurred by the displaced	963
person for evidence of title, recording fees, and other closing	964
costs incident to the purchase of the replacement dwelling, but	965
not including prepaid expenses.	966

(B) The additional payment authorized by this section shall	967
this section authorizes may be made only to a displaced person who	968
purchases and occupies a replacement dwelling whichthat is	969
decent, safe, and sanitary not later than the end of the one-year	970
period beginning on the date on which hethe person receives from	971
the displacing agency final payment of all costs of the acquired	972
dwelling, or on the date on which the displacing agency's	973
obligation under division (B)(3) of section 163.56 of the Revised	974
Code is met, whichever is later, except that the displacing agency	975
may extend the period for good cause. If the period is extended,	976
the payment under this section shall be based on the costs of	977
relocating the person to a comparable replacement dwelling within	978
one year after the displaced person receives from the displacing	979
agency final payment of all costs of the acquired dwelling.	980

Sec. 163.55.  (A) In addition to amounts this chapter	981
otherwise authorized by sections 163.51 to 163.62 of the Revised	982
Codeauthorizes, the head of a displacingan agency shall make a	983
rent supplement payment to or for any displaced person displaced	984
from any dwelling not eligible to receive a payment under section	985
163.54 of the Revised Code whichif the dwelling was actually and	986
lawfully occupied by suchthe displaced person for not less than	987
ninety days prior to the initiation of negotiations for	988
acquisition of suchthe dwelling, or in any case in which	989
displacement is not a direct result of acquisition, not less than	990
ninety days prior to such other event as the head of the lead	991
agency shall prescribeprescribes. The payment shall consist of	992
the amount necessary to enable the displaced person to lease or	993
rent for a period not to exceed forty-two months, a comparable	994
replacement dwelling, but not to exceed five thousand two hundred	995
fifty dollars. At the discretion of the head of the displacing	996
agency, a payment under this division may be made in periodic	997
installments. Computation of a payment under this division to a	998
low-income displaced person shall take into account the person's	999
income.	1000

(B) Any person eligible for a payment under division (A) of	1001
this section may elect to apply the payment to a down payment on,	1002
and other incidental expenses pursuant to, the purchase of a	1003
decent, safe, and sanitary replacement dwelling. The person may,	1004
under criteria established by the head of the displacing agency,	1005
beis eligible under this division for the maximum payment allowed	1006
greater of five thousand two hundred fifty dollars or the amount	1007
the person would have received under division (A) of this section,	1008
except that, in the case of a displaced home owner who has owned	1009
and occupied the displacement dwelling for at least ninety days	1010
but not more than one hundred eighty days immediately prior to the	1011
initiation of negotiations for the acquisition of suchthe	1012
dwelling, the payment shall not exceed the payment the person	1013
would otherwise have received under section 163.54 of the Revised	1014
Code had the person owned and occupied the displacement dwelling	1015
one hundred eighty days immediately prior to the initiation of the	1016
negotiations.	1017

Sec. 163.56.  (A)(1) Projects or programs that cause persons	1018
to be displaced persons shall be planned in a manner that	1019
recognizes, at an early stage in the planning of suchthose	1020
programs or projects and before the commencement of any actions	1021
action that will cause displacements, the problems associated with	1022
the displacement of individuals, families, businesses, and farm	1023
operations, and in a manner that provides for the resolution of	1024
suchthose problems in order to minimize adverse impacts on	1025
displaced persons and to expedite program or project advancement	1026
and completion.	1027

(2) Whenever a program or project undertaken by a displacing	1028
an agency undertakes will result in the displacement of any	1029
person, the head of the displacingthat agency shall provide a	1030
relocation assistance advisory program for displaced persons which	1031
shall offer the services described in division (B) of this	1032
section. If the head of the displacing agency determines that any	1033
person occupying property immediately adjacent to the real	1034
property acquired is caused substantial economic injury because of	1035
the acquisition, hethe head of the agency may offer that person	1036
relocation advisory services under the program.	1037

(B) Each relocation assistance advisory program required by	1038
division (A) of this section shall include suchany measures,	1039
facilities, or services as may be necessary or appropriate in	1040
order to do all of the following:	1041

(1) Determine the need, if any, of displaced persons for	1042
relocation assistance;	1043

(2) Provide current and continuing information on the	1044
availability, prices, and rentals, of comparable decent, safe, and	1045
sanitary sales and rental housing, and of suitable commercial	1046
properties and locations for displaced businesses and farm	1047
operations;	1048

(3) Assure that, within a reasonable period of time, prior to	1049
any displacement there will be available comparable replacement	1050
dwellings, as defined by the head of the displacing agency	1051
defines, equal in number to the number of and available to the	1052
displaced persons who require such dwellings, except that the head	1053
of the displacing agency may prescribe by regulationrule	1054
situations when such assurances may be waived;	1055

(4) Assist a displaced person displaced from histhe	1056
displaced person's business or farm operation in obtaining and	1057
becoming established in a suitable replacement location;	1058

(5) Supply information concerning federal and state housing	1059
programs, disaster loan programs, and other federal or state	1060
programs offering assistance to displaced persons;	1061

(6) Provide other advisory services to displaced persons in	1062
order to minimize hardships to them in adjusting to relocation.	1063

Sec. 163.57.  (A) If a project cannot proceed to actual	1064
construction because comparable replacement sale or rental housing	1065
is not available, and the head of the displacing agency determines	1066
that suchcomparable housing cannot otherwise be made available,	1067
hethe head may take suchany action as is necessary or	1068
appropriate to provide suchthat housing by use of funds	1069
authorized for suchthe project. The head of the displacing agency	1070
may use this section to exceed the maximum amounts whichthat may	1071
be paid under sections 163.54 and 163.55 of the Revised Code on a	1072
case-by-case basis for good cause as determined in accordance with	1073
rules adoptedthe head adopts under Chapter 119. of the Revised	1074
Code by the head of the lead agency.	1075

(B) No person shall be required to move from hisa dwelling	1076
on account of any project, unless the displacing agency head is	1077
satisfied that replacement housing, in accordance with section	1078
163.56 of the Revised Code, is available to suchthe person.	1079

(C) The acquisition of replacement housing sites and the	1080
acquisition, rehabilitation, relocation, and construction of	1081
replacement housing shall be considered to be for a public	1082
purpose, and displacing agencies may properly expend their	1083
respective funds to carry out the purposes of sections 163.51	1084
163.52 to 163.62 of the Revised Code.	1085

(D) In order to prevent unnecessary expenses and duplications	1086
of functions, and to promote uniform and effective administration	1087
of relocation assistance programs for displaced persons under	1088
sections 163.51163.52 to 163.62 of the Revised Code, a displacing	1089
agency may enter into contracts with any individual, firm,	1090
association, or corporation for services in connection with such	1091
programs, or may carry out its functions under sections 163.51	1092
163.52 to 163.62 of the Revised Code through any federal or state	1093
governmental agency or instrumentality having an established	1094
organization for conducting relocation assistance programs. The	1095
displacing agency shall, in carrying out the relocation assistance	1096
activities described in this section, whenever practicable,	1097
utilize the services of state or local housing agencies, or other	1098
agencies having experience in the administration or conduct of	1099
similar housing assistance activities.	1100

Sec. 163.58.  (A) Except as otherwise provided in rules	1101
adopted under division (B) of this section, the head of each	1102
displacingany agency is authorized todisplacing persons pursuant	1103
to this chapter may establish such regulations and procedures as	1104
he may determine to bethe head of the agency determines necessary	1105
to assure:	1106

(1) That the payments and assistance authorized by sections	1107
163.51163.52 to 163.62 of the Revised Code shall beare	1108
administered in a manner whichthat is fair and reasonable, and as	1109
uniform as practicable;	1110

(2) That a displaced person who makes proper application for	1111
a payment authorized for such person by sections 163.51163.52 to	1112
163.62 of the Revised Code shall be paid promptly after a move or,	1113
in hardship cases, be paid in advance;	1114

(3) That any person aggrieved by a determination as to	1115
eligibility for aan authorized payment authorized by such	1116
sections, or the amount of a payment, may have histhe application	1117
reviewed by the head of the displacing agency having authority	1118
over the applicable program or project.	1119

(B) Notwithstanding any provision of the Revised Code to the	1120
contrary, the lead agency shall adopt such rules as may be	1121
necessary to implement sections 163.51163.52 to 163.62 of the	1122
Revised Code in a manner whichthat is as fair, reasonable, and	1123
uniform as practicable. As used in this section, "lead agency"	1124
means the state agency that the governor shall designate to carry	1125
out the duties prescribed by this division.	1126

Sec. 163.59.  In order to encourage and expedite the	1127
acquisition of real property by agreements with owners, to avoid	1128
litigation and relieve congestion in the courts, to assure	1129
consistent treatment for owners in the many state and federally	1130
assisted programs, and to promote public confidence in public land	1131
acquisition practices, heads of acquiring agencies acquiring real	1132
property pursuant to this chapter shall do or ensure the	1133
acquisition satisfies all of the following:	1134

(A) TheThat the head of an acquiringthe agency shall make	1135
makes every reasonable effort to acquire expeditiously real	1136
property by negotiation.	1137

(B) In order for an acquiring agency to acquire real	1138
property, theThe acquisition shall beis for a defined public	1139
purpose that is to be achieved in a defined and reasonable period	1140
of time. An acquisition of real property that complies with	1141
section 5501.31 of the Revised Code satisfies the defined public	1142
purpose requirement of this division.	1143

(C) Real property to be acquired shall beis appraised before	1144
the initiation of negotiations, and the owner or the owner's	1145
designated representative shall beis given a reasonable	1146
opportunity to accompany the appraiser during the appraiser's	1147
inspection of the property, except that the. The head of the lead	1148
agency may prescribe a procedure to waive the appraisal in cases	1149
involving the acquisition by sale or donation of property with a	1150
low fair market value, in which case, the agency shall provide a	1151
summary appraisal or a written statement that describes how the	1152
agency determined the value of the property. If the appraisal	1153
values the property to be acquired at more than ten thousand	1154
dollars, the head of the acquiring agency concerned shall make	1155
every reasonable effort to provide a copy of the appraisal,	1156
summary appraisal, or written statement of value to the owner	1157
pursuant to section 163.04 of the Revised Code. As used in this	1158
section, "appraisal" means a written statement independently and	1159
impartially prepared by a qualified appraiser, or a written	1160
statement prepared by an employee of the acquiring agency who is a	1161
qualified appraiser, setting forth an opinion of defined value of	1162
an adequately described property as of a specified date, supported	1163
by the presentation and analysis of relevant market information.	1164

(D) Before the initiation of negotiations for real property,	1165
the head of the acquiring agency concerned shall establish an	1166
amount that the head of the acquiring agency believes to be just	1167
compensation for the property and shall make a prompt offer to	1168
acquire the property for no less than the full amount so	1169
established. In no event shall that amount be less than the	1170
agency's approved appraisal of the fair market value of the	1171
property. Any decrease or increase in the fair market value of	1172
real property prior to the date of valuation caused by the public	1173
improvement for which the property is acquired, or by the	1174
likelihood that the property would be acquired for that	1175
improvement, other than that due to physical deterioration within	1176
the reasonable control of the owner, will be disregarded in	1177
determining the compensation for the property.	1178

The head of the acquiring agency concerned shall provide the	1179
owner of real property to be acquired with a written statement of,	1180
and summary of the basis for, the amount that the head of the	1181
acquiring agency established as just compensation. Where	1182
appropriate, the just compensation for real property acquired and	1183
for damages to remaining real property shall be separately stated.	1184

The owner shall be given a reasonable opportunity to consider	1185
the agency's offer of the acquiring agency for the real property,	1186
to present material that the owner believes is relevant to	1187
determining the fair market value of the property, and to suggest	1188
modification in the proposed terms and conditions of the	1189
acquisition. The acquiring agency shall consider the owner's	1190
presentation and suggestions.	1191

(E) If information presented by the owner or a material	1192
change in the character or condition of the real property	1193
indicates the need for new appraisal information, or if a period	1194
of more than two years has elapsed since the time of the appraisal	1195
of the property, the head of the acquiring agency concerned shall	1196
have the appraisal updated or obtain a new appraisal. If updated	1197
appraisal information or a new appraisal indicates that a change	1198
in the acquisition offer is warranted, the head of the acquiring	1199
agency shall promptly reestablish the amount of the just	1200
compensation for the property and offer that amount to the owner	1201
in writing.	1202

(F) No owner shall be required to surrender possession of	1203
real property before the acquiring agency concerned pays the	1204
agreed purchase price, or deposits with the court for the benefit	1205
of the owner an amount not less than the agency's approved	1206
appraisal of the fair market value of the property, or the amount	1207
of the award of compensation in the condemnation proceeding for	1208
the property.	1209

(G) The construction or development of a public improvement	1210
shall be so scheduled so that no person lawfully occupying real	1211
property shall be required to move from a dwelling, or to move the	1212
person's business or farm operation, without at least ninety days'	1213
written notice from the head of the acquiring agency concerned of	1214
the date by which the move is required.	1215

(H) If the head of an acquiring agency permits an owner or	1216
tenant to occupy the real property acquired on a rental basis for	1217
a short term or for a period subject to termination on short	1218
notice, the amount of rent required shall not exceed the fair	1219
rental value of the property to a short-term occupier.	1220

(I) In no event shall the head of an acquiring agency either	1221
advance the time of condemnation, or defer negotiations or	1222
condemnation and the deposit of funds in court for the use of the	1223
owner, or take any other action coercive in nature, in order to	1224
compel an agreement on the price to be paid for the real property.	1225

(J) When any interest in real property is acquired by an	1226
appropriation pursuant to this chapter or otherwise by exercise of	1227
the power of eminent domain, the head of the acquiring agency	1228
concerned shall institute the formal condemnationappropriation	1229
proceedings pursuant to this chapter. No head of an acquiring	1230
agency shall intentionally make it necessary for an owner to	1231
institute legal proceedings to prove the fact of the taking of the	1232
owner's real property.	1233

(K) If the acquisition of only part of a property would leave	1234
its owner with an uneconomic remnant, the head of the acquiring	1235
agency concerned shall offer to acquire that remnant. For the	1236
purposes of this division, an uneconomic remnant is a parcel of	1237
real property in which the owner is left with an interest after	1238
the partial acquisition of the owner's property and which the head	1239
of the agency concerned has determined has little or no value or	1240
utility to the owner.	1241

An acquisition of real property may continue while an	1242
acquiring agency carries out the requirements of divisions (A) to	1243
(K) of this section.	1244

This section applies only when the acquisition of real	1245
property may result in an exercise of the power of eminent domain.	1246

Sec. 163.60.  (A) If the head of a statean agency acquires	1247
any interest in real property pursuant to this chapter or	1248
otherwise, hethe head shall acquire at least an equal interest in	1249
all buildings, structures, or other improvements located upon the	1250
real property so acquired and which hethat the head requires to	1251
be removed from such realthe property or which hethat the head	1252
determines will be adversely affected by the use to which such	1253
realthe property will be put.	1254

(B) For the purpose of determining the just compensation to	1255
be paid for any building, structure, or other improvement required	1256
to be acquired by division (A) of this section, suchthe building,	1257
structure, or other improvement shall be deemed to be a part of	1258
the real property to be acquired notwithstanding the right or	1259
obligation of a tenant, as against the owner of any other interest	1260
in the real property, to remove suchthe building, structure, or	1261
improvement at the expiration of histhe tenant's term, and the	1262
fair market value which suchthat the building, structure, or	1263
improvement contributes to the fair market value of the real	1264
property to be acquired, or the fair market value of suchthe	1265
building, structure, or improvement for removal from the real	1266
property, whichever is the greater, shall be paid to the tenant	1267
therefor.	1268

(C) Payment under this section shall not result in	1269
duplication of any payments otherwise authorized by law. No such	1270
payment under this section shall be made unless the owner of the	1271
land involved disclaims all interest in the improvements of the	1272
tenant. In consideration for any such payment, the tenant shall	1273
assign, transfer, and release all histhe tenant's right, title,	1274
and interest in and to such improvements.	1275

Sec. 163.61.  The head of a statean agency, as soon as	1276
practicable after the date of payment of the purchase price or the	1277
date of deposit in court of funds to satisfy the award of	1278
compensation in a condemnationan appropriation proceeding to	1279
acquire real property, whichever is the earlier, shall reimburse	1280
the owner, to the extent the head of such agency considers fair	1281
and reasonable, for expenses hethe owner necessarily incurred	1282
for:	1283

(A) Transfer taxes, and similar expenses incidental to	1284
conveying such real property to the state agency;	1285

(B) Penalty costs for prepayment of any pre-existing recorded	1286
mortgage entered into in good faith encumbering suchthe real	1287
property;	1288

(C) The pro rata portion of any real property taxes paid	1289
which are allocable to a period subsequent to the date of vesting	1290
title in the state or state agency, or the effective date of	1291
possession of suchthe real property by the agency, whichever is	1292
the earlier.	1293

Sec. 163.62. (A) The court having jurisdiction of a	1294
proceeding instituted by a statean agency to acquire real	1295
property by condemnationpursuant to this chapter shall award the	1296
owner of any right, or title to, or interest in, suchthat real	1297
property such sum as will in the opinion of the court reimburse	1298
such owner for his reasonable costs, disbursements, and expenses,	1299
including reasonable attorney, appraisal, and engineering fees,	1300
actually incurred because of the condemnation proceeding, if	1301
either:	1302

(1) The final judgment is that the agency cannot acquire the	1303
real property by condemnation; or	1304

(2) The proceeding is abandoned by the state agency.

1305

(B) Any award made pursuant to division (A) of this section	1306
shall be paid by the head of the agency for whose benefit the	1307
condemnation proceeding was institutedpursuant to section 163.21	1308
of the Revised Code.	1309

Sec. 163.63. Any reference in the Revised Code to an	1310
authority to acquire real property by "condemnation" or to take	1311
real property pursuant to a power of eminent domain is deemed to	1312
be an appropriation of real property and any such taking or	1313
acquisition shall be made pursuant to this chapter. Any section of	1314
the Revised Code that authorizes the appropriation of real	1315
property pursuant to sections 163.01 to 163.22 of the Revised Code	1316
is an authority to appropriate real property pursuant to this	1317
chapter and that appropriation shall be made pursuant to this	1318
chapter.	1319

Sec. 303.26.  As used in sections 303.26 to 303.56,	1320
inclusive, of the Revised Code, unless a different meaning is	1321
clearly indicated by the context:	1322

(A) "Municipality" means any incorporated city or village of	1323
the state.	1324

(B) "Public body" means the state, any county, municipality,	1325
township, board, commission, authority, district, or other	1326
subdivision.	1327

(C) "Federal government" means the United States or any	1328
agency or instrumentality, corporate or otherwise thereof.	1329

(D) "Slum area" means an area within a county but outside the	1330
corporate limits of any municipality, in which area there is a	1331
predominance of buildings or improvements, whether residential or	1332
nonresidential, which by reason of dilapidation, deterioration,	1333
age or obsolescence, inadequate provision for ventilation, light,	1334
air, sanitation, or open spaces, high density of population and	1335
overcrowding, or the existence of conditions which endanger life	1336
or property, by fire and other causes, or any combination of such	1337
factors is conducive to ill health, transmission of disease,	1338
infant mortality, juvenile delinquency, or crime, and is	1339
detrimental to the public health, safety, morals, or welfare.	1340

(E) "Blighted area" means an area within a county but outside	1341
the corporate limits of any municipality, which area by reason of	1342
the presence of a substantial number of slum, deteriorated, or	1343
deteriorating structures, predominance of defective or inadequate	1344
street layout, faulty lot layout in relation to size, adequacy,	1345
accessibility, or usefulness, insanitary or unsafe conditions,	1346
deterioration of site or other improvements, diversity of	1347
ownership, tax or special assessment delinquency exceeding the	1348
fair value of the land, defective or unusual conditions to title,	1349
or the existence of conditions which endanger life or property by	1350
fire and other causes, or any combination of such factors,	1351
substantially impairs or arrests the sound growth of a county,	1352
retards the provision of housing accommodations, or constitutes an	1353
economic or social liability and is a menace to the public health,	1354
safety, morals, or welfare in its present condition and usehas	1355
the meaning defined in section 1.08 of the Revised Code.	1356

If suchany blighted area consists of open land, the	1357
provisions of section 303.34 of the Revised Code shall apply.	1358

Any disaster area referred to in section 303.36 of the	1359
Revised Code shall constituteconstitutes a "blighted area".	1360

(F)(E) "County renewal project" may include undertakings and	1361
activities of a county in a county renewal area for the	1362
elimination and for the prevention of the development or spread of	1363
slums and blight, and may involve slum clearance and redevelopment	1364
in a county renewal area, or rehabilitation or conservation in a	1365
county renewal area, or any combination or part thereof, in	1366
accordance with a county renewal plan, and such aforesaid	1367
undertakings and activities may include acquisition of a slum area	1368
or a blighted area, or portion thereof; demolition and removal of	1369
buildings and improvements; installation, construction, or	1370
reconstruction of streets, utilities, parks, playgrounds, and	1371
other improvements necessary for carrying out in the county	1372
renewal area the county renewal objectives of sections 303.26 to	1373
303.56, inclusive, of the Revised Code in accordance with the	1374
county renewal plan; disposition of any property acquired in the	1375
county renewal area, including sale, initial leasing, or retention	1376
by the county itself, at its fair value for uses in accordance	1377
with the county renewal plan; carrying out plans for a program of	1378
voluntary or compulsory repair and rehabilitation of buildings or	1379
other improvements in accordance with the county renewal plan; and	1380
acquisition of any other real property in the county renewal area	1381
where necessary to eliminate unhealthful, insanitary, or unsafe	1382
conditions; lessen density, eliminate obsolete, or other uses	1383
detrimental to the public welfare, or otherwise to remove or	1384
prevent the spread of blight or deterioration, or to provide land	1385
for needed public facilities.	1386

(G)(F) "County renewal area" means a slum area or a blighted	1387
area or a combination thereof which the board of county	1388
commissioners designates as appropriate for a county renewal	1389
project.	1390

(H)(G) "County renewal plan" means a plan, as it exists from	1391
time to time, for a county renewal project, which plan shall	1392
conform to the general plan for the county, except as provided in	1393
section 303.36 of the Revised Code, and shall be sufficiently	1394
complete to indicate such land acquisition, demolition, and	1395
removal of structures, redevelopment, improvements, and	1396
rehabilitation as may be proposed to be carried out in the county	1397
renewal area, zoning, and planning changes, if any, land uses,	1398
maximum densities, building requirements, and the plan's	1399
relationship to definite local objectives respecting appropriate	1400
land uses, improved traffic, public transportation, public	1401
utilities, recreational and community facilities, and other public	1402
improvements.	1403

(I)(H) "Redevelopment" and derivatives thereof, when used	1404
with respect to a county renewal area, mean development as well as	1405
redevelopment.	1406

(J)(I) "Real property" includes all lands, including	1407
improvements and fixtures thereon, and property of any nature	1408
appurtenant thereto, or used in connection therewith, and every	1409
estate, interest, right, and use, legal or equitable, therein,	1410
including terms for years and liens by way of judgment, mortgage,	1411
or otherwise.	1412

(K)(J) "Person" means any individual, firm, partnership,	1413
corporation, company, association, joint stock association, or	1414
body politic, and includes any trustee, receiver, assignee, or	1415
other person acting in a similar representative capacity.	1416

(L)(K) "Obligee" includes any bondholder, agents, or trustees	1417
for any bondholders, or lessor demising to the county property	1418
used in connection with a county renewal project, or any assignee	1419
or assignees of such lessor's interest or any part thereof, and	1420
the federal government when it is a party to any contract with the	1421
county.	1422

(M)(L) "Bond," as used in section 303.46 of the Revised Code,	1423
means bonds, including refunding bonds, notes, interim	1424
certificates of special indebtedness, debentures, or other	1425
obligations of a county, payable and secured as authorized by	1426
section 303.46 of the Revised Code.	1427

Sec. 719.012.  In order to rehabilitate a building or	1428
structure that a municipal corporation determines to be a threat	1429
to the public health, safety, or welfare; that has been declared	1430
to be a public nuisance under Chapter 3707., 3709., or 3781. of	1431
the Revised Code; and that either has been found to be insecure,	1432
unsafe, structurally defective, unhealthful, or unsanitary under	1433
sections 715.26 to 715.30 of the Revised Code or violates a	1434
building code or ordinance adopted under section 731.231blighted	1435
property of the Revised Code, a municipal corporation may	1436
appropriate, in the manner provided in sections 163.01 to 163.22	1437
Chapter 163. of the Revised Code, any such building or structure	1438
and the real property of which it is a part. The municipal	1439
corporation shall rehabilitate the building or structure or cause	1440
it to be rehabilitated within two years after the appropriation,	1441
so that the building or structure is no longer a public nuisance,	1442
insecure, unsafe, structurally defective, unhealthful, or	1443
unsanitary, or a threat to the public health, safety, or welfare,	1444
or in violation of a building code or ordinance adopted under	1445
section 731.231 of the Revised Code. Any building or structure	1446
appropriated pursuant to this section which is not rehabilitated	1447
within two years shall be demolished.	1448

If during the rehabilitation process the municipal	1449
corporation retains title to the building or structure and the	1450
real property of which it is a part, then within one hundred	1451
eighty days after the rehabilitation is complete, the municipal	1452
corporation shall appraise the rehabilitated building or structure	1453
and the real property of which it is a part, and shall sell the	1454
building or structure and property at public auction. The	1455
municipal corporation shall advertise the public auction in a	1456
newspaper of general circulation in the municipal corporation once	1457
a week for three consecutive weeks prior to the date of sale. The	1458
municipal corporation shall sell the building or structure and	1459
real property to the highest and best bidder. No property that a	1460
municipal corporation acquires pursuant to this section shall be	1461
leased.	1462

Sec. 725.01.  As used in sections 725.01 to 725.11 of the	1463
Revised Code:	1464

(A) "Slum area" means an area within a municipal corporation,	1465
in which area there is a predominance of buildings or	1466
improvements, whether residential or nonresidential, which by	1467
reason of dilapidation, deterioration, age or obsolescence,	1468
inadequate provision for ventilation, light, air, sanitation, or	1469
open spaces, high density of population and overcrowding, or the	1470
existence of conditions which endanger life or property, by fire	1471
and other causes, or any combination of such factors, is conducive	1472
to ill health, transmission of disease, infant mortality, juvenile	1473
delinquency, or crime, and is detrimental to public health,	1474
safety, morals, or welfare.	1475

(B) "Blighted area" means an area within a municipal	1476
corporation, which area by reason of the presence of a substantial	1477
number of slums, deteriorated or deteriorating structures,	1478
predominance of defective or inadequate street layout, faulty lot	1479
layout in relation to size, adequacy, accessibility, or	1480
usefulness, unsanitary or unsafe conditions, deterioration of site	1481
or other improvements, diversity of ownership, tax or special	1482
assessment delinquency exceeding the fair value of the land,	1483
defective or unusual conditions to title, or the existence of	1484
conditions which endanger life or property by fire and other	1485
causes, or any combination of such factors, substantially impairs	1486
or arrests the sound growth of a municipal corporation, retards	1487
the provision of housing accommodations, or constitutes an	1488
economic or social liability and is a menace to the public health,	1489
safety, morals, or welfare in its present condition and use.	1490

(C)(A)(1) "Development agreement" means an agreement that	1491
includes as a minimum all of the following agreements between a	1492
municipal corporation as obligee and the following parties as	1493
obligors:	1494

(a) An agreement to construct or rehabilitate the structures	1495
and facilities described in the development agreement on real	1496
property described in the agreement situated in an urban renewal	1497
area, the obligor of such agreement to be a party determined by	1498
the legislative authority of the municipal corporation to have the	1499
ability to perform or cause the performance of the agreement;	1500

(b) The agreement required by section 725.04 of the Revised	1501
Code, the obligor of the agreement to be the owner or owners of	1502
the improvements to be constructed or rehabilitated;	1503

(c) An agreement of the owner or owners of the fee simple of	1504
the real property to which the development agreement pertains, as	1505
obligor, that the owner or owners and their successors and assigns	1506
shall use, develop, and redevelop the real property in accordance	1507
with, and for the period of, the urban renewal plan and shall so	1508
bind their successors and assigns by appropriate agreements and	1509
covenants running with the land enforceable by the municipal	1510
corporation.	1511

(2) A municipal corporation on behalf of the holders of urban	1512
renewal bonds may be the obligor of any of the agreements	1513
described in division (C)(A)(1) of this section.	1514

(D)(B) "Revenues" means all rentals received under leases	1515
made by the municipal corporation in any part or all of one or	1516
more urban renewal areas; all proceeds of the sale or other	1517
disposition of property of the municipal corporation in any part	1518
or all of one or more urban renewal areas; and all urban renewal	1519
service payments collected from any part or all of one or more	1520
urban renewal areas.	1521

(E)(C) "Urban renewal area" means a slum area or a blighted	1522
area or a combination thereof which the legislative authority of	1523
the municipal corporation designates as appropriate for an urban	1524
renewal project.	1525

(F)(D) "Urban renewal bonds" means, unless the context	1526
indicates a different meaning, definitive bonds, interim receipts,	1527
temporary bonds, and urban renewal refunding bonds issued pursuant	1528
to sections 725.01 to 725.11 of the Revised Code, and bonds issued	1529
pursuant to Article XVIII, Section 3, Ohio Constitution, for the	1530
uses specified in section 725.07 of the Revised Code.	1531

(G)(E) "Urban renewal refunding bonds" means the refunding	1532
bonds authorized by section 725.07 of the Revised Code.	1533

(H)(F) "Urban renewal plan" means a plan, as it exists from	1534
time to time, for an urban renewal project, which plan shall	1535
conform to the general plan for the municipal corporation, if any,	1536
and shall be sufficiently complete to indicate such land	1537
acquisition, demolition, and removal of structures, redevelopment,	1538
improvements, and rehabilitation as may be proposed to be carried	1539
out in the urban renewal area, zoning, and planning changes, if	1540
any, land uses, maximum densities, and building requirements.	1541

(I)(G) "Urban renewal project" may include undertakings and	1542
activities of a municipal corporation in an urban renewal area for	1543
the elimination and for the prevention of the development or	1544
spread of slums and blight, and may involve slum clearance and	1545
redevelopment in an urban renewal area, or rehabilitation or	1546
conservation in an urban renewal area, or any combination or part	1547
thereof, in accordance with an urban renewal plan, and such	1548
aforesaid undertakings and activities may include acquisition of a	1549
slum area or a blighted area, or portion thereof, demolition and	1550
removal of buildings and improvements; installation, construction,	1551
or reconstruction of streets, utilities, parks, playgrounds,	1552
public buildings and facilities, and other improvements necessary	1553
for carrying out in the urban renewal area the urban renewal	1554
objectives in accordance with the urban renewal plan, disposition	1555
of any property acquired in the urban renewal area, including	1556
sale, leasing, or retention by the municipal corporation itself,	1557
at its fair value for uses in accordance with the urban renewal	1558
plan; carrying out plans for a program of voluntary or compulsory	1559
repair and rehabilitation of buildings or other improvements in	1560
accordance with the urban renewal plan; the acquisition,	1561
construction, enlargement, improvement, or equipment of property,	1562
structures, equipment, or facilities for industry, commerce,	1563
distribution, or research from the proceeds of urban renewal bonds	1564
issued pursuant to division (C) of section 725.05 of the Revised	1565
Code; and acquisition of any other real property in the urban	1566
renewal area where necessary to eliminate unhealthful, unsanitary,	1567
or unsafe conditions, lessen density, eliminate obsolete, or other	1568
uses detrimental to the public welfare, or otherwise to remove or	1569
prevent the spread of blight or deterioration, or to provide land	1570
for needed public facilities.	1571

(J)(H) "Urban renewal debt retirement fund" means a fund,	1572
created pursuant to section 725.03 of the Revised Code by the	1573
legislative authority of a municipal corporation when authorizing	1574
a single issue or a series of urban renewal bonds, to be used for	1575
payment of the principal of and interest and redemption premium on	1576
such urban renewal bonds, trustee's fees, and costs and expenses	1577
of providing credit facilities, put arrangements, and interest	1578
rate hedges, and for fees and expenses of agents, and other fees,	1579
costs, and expenses, in connection with arrangements under	1580
sections 9.98 to 9.983 of the Revised Code; or when authorizing	1581
the repayment of loans from the state issued pursuant to Chapter	1582
164. of the Revised Code and used for urban renewal projects, to	1583
be used to repay the principal and interest on such loans. When so	1584
authorized by the legislative authority of a municipal	1585
corporation, such a fund may be used for both purposes permitted	1586
under this division.	1587

(K)(I) "Urban renewal service payments" means the urban	1588
renewal service payments, in lieu of taxes, provided for in	1589
section 725.04 of the Revised Code.	1590

(L)(J) "Improvements" means the structures and facilities	1591
constructed or rehabilitated pursuant to a development agreement.	1592

(M)(K) "Exemption period" means that period during which all	1593
or a portion of the assessed valuation of the improvements has	1594
been exempted from real property taxation pursuant to section	1595
725.02 of the Revised Code.	1596

Sec. 725.02.  (A) The portion of the assessed valuation of	1597
improvements constructed pursuant to a development agreement, and	1598
the portion of the increase in the assessed valuation after the	1599
commencement of rehabilitation of improvements rehabilitated	1600
pursuant to a development agreement declared to be a public	1601
purpose in the development agreement shall be exempt from real	1602
property taxation by all political subdivisions and taxing	1603
districts. Except as otherwise provided in division (B) of this	1604
section, the portion of the assessed valuation of improvements	1605
declared to be a public purpose and exempted from taxation shall	1606
not exceed seventy-five per cent of the assessed valuation of the	1607
improvements for each year of the exemption period.	1608

(B) With the approval under this division of the board of	1609
education of the city, local, or exempted village school district	1610
within the territory of which the improvements are or will be	1611
located, the portion of the assessed valuation of improvements	1612
exempted from taxation may exceed seventy-five per cent, but shall	1613
not exceed one hundred per cent. The legislative authority of the	1614
municipal corporation shall deliver to the board of education a	1615
notice stating its intent to declare improvements to be a public	1616
purpose under the agreement. The notice shall be delivered not	1617
later than forty-five days prior to execution of the agreement by	1618
the legislative authority, excluding Saturdays, Sundays, and legal	1619
holidays as defined in section 1.14 of the Revised Code. The	1620
notice shall describe the parcel and the improvements, provide an	1621
estimate of the true value in money of the improvements, specify	1622
the period for which the improvements would be exempted from	1623
taxation and the percentage of the assessed valuation of the	1624
improvements that would be exempted, and indicate the date on	1625
which the legislative authority intends to execute the agreement.	1626
The board of education, by resolution adopted by a majority of the	1627
board, may approve the exemption for the exemption percentage	1628
specified in the notice, may disapprove the exemption for the	1629
percentage of the improvements to be exempted in excess of	1630
seventy-five per cent, or may approve the exemption on the	1631
condition that the legislative authority and the board negotiate	1632
an agreement providing for compensation to the school district	1633
equal in value to a percentage of the taxes that would be payable	1634
on the portion of the assessed valuation of the improvements in	1635
excess of seventy-five per cent were that portion to be subject to	1636
taxation. The board of education shall certify its resolution to	1637
the legislative authority not later than fourteen days prior to	1638
the date the legislative authority intends to execute the	1639
agreement as indicated in the notice. If the board of education	1640
approves the exemption on the condition that a compensation	1641
agreement be negotiated, the board in its resolution shall propose	1642
a compensation percentage. If the board of education and the	1643
legislative authority negotiate a mutually acceptable compensation	1644
agreement, the legislative authority may declare up to one hundred	1645
per cent of the assessed valuation of the improvements to be a	1646
public purpose and exempted from taxation. If the board and the	1647
legislative authority fail to negotiate a mutually acceptable	1648
compensation agreement, the legislative authority may declare not	1649
more than seventy-five per cent of the assessed valuation of the	1650
improvements to be a public purpose and exempted from taxation. If	1651
the board fails to certify a resolution to the legislative	1652
authority within the time prescribed by this division, the	1653
legislative authority thereupon may declare up to one hundred per	1654
cent of the assessed valuation of the improvements to be a public	1655
purpose and exempted from taxation. The legislative authority may	1656
execute a development agreement at any time after the board of	1657
education certifies its resolution approving the exemption to the	1658
legislative authority, or, if the board approves the exemption on	1659
the condition that a mutually acceptable compensation agreement be	1660
negotiated, at any time after the compensation agreement is agreed	1661
to by the board and the legislative authority.	1662

If a board of education has adopted a resolution waiving its	1663
right to approve exemptions from taxation granted pursuant to	1664
development agreements and the resolution remains in effect,	1665
approval of such exemptions by the board is not required under	1666
this division. If a board of education has adopted a resolution	1667
allowing a legislative authority to deliver the notice required	1668
under this division fewer than forty-five business days prior to	1669
the legislative authority's execution of the agreement, the	1670
legislative authority shall deliver the notice to the board not	1671
later than the number of days prior to such execution as	1672
prescribed by the board in its resolution. If a board of education	1673
adopts a resolution waiving its right to approve exemptions or	1674
shortening the notification period, the board shall certify a copy	1675
of the resolution to the legislative authority. If the board of	1676
education rescinds such a resolution, it shall certify notice of	1677
the rescission to the legislative authority.	1678

If the legislative authority is not required by this division	1679
to notify the board of education of the legislative authority's	1680
intent to declare improvements to be a public purpose, the	1681
legislative authority shall comply with the notice requirements	1682
imposed under section 5709.83 of the Revised Code, unless the	1683
board has adopted a resolution under that section waiving its	1684
right to receive such a notice.	1685

(C) The exemption shall commence on the date of the execution	1686
of the development agreement therefor and extend for the number of	1687
years designated in the development agreement and thereafter for	1688
so long as there are outstanding any urban renewal bonds payable	1689
from the urban renewal service payments provided for in the	1690
development agreement. Any such exemption shall be claimed and	1691
allowed in the same or a similar manner as in the case of other	1692
real property exemptions and no such claim shall be allowed unless	1693
the municipal corporation wherein said property is located	1694
certifies that an exemption period has been specified and that a	1695
development agreement has been entered into and is in effect. If	1696
an exemption status changes during a tax year, the procedure for	1697
the apportionment of the taxes for said year shall be the same as	1698
in the case of other changes in tax exemption status during the	1699
year.	1700

(D) An agreement that satisfies the requirements of either	1701
division (C)(A)(1)(a) or (C)(A)(1)(c) of section 725.01 of the	1702
Revised Code may be amended to satisfy all of the remaining	1703
requirements of the other two of division (C)(1)(a), (b), or (c)	1704
(A) of section 725.01 of the Revised Code and to establish the	1705
period of exemption pursuant to this section at any time prior to	1706
the completion of the construction or rehabilitation of the	1707
improvements of which all or a portion of the assessed valuation	1708
is to be exempt from real property taxation pursuant to this	1709
section. The execution of the amendment of such agreement shall be	1710
the execution of the development agreement for the purpose of this	1711
section.	1712

Sec. 725.05.  A municipal corporation creating an urban	1713
renewal debt retirement fund pursuant to section 725.03 of the	1714
Revised Code, may:	1715

(A) Issue unvoted urban renewal bonds, which pledge and are	1716
payable solely from all or any portion of the revenues as defined	1717
in division (D) of section 725.01 of the Revised Code. The	1718
revenues pledged shall be placed in the urban renewal debt	1719
retirement fund established for such urban renewal bonds and	1720
applied to the payment of interest on, principal of and redemption	1721
premium for such urban renewal bonds, trustee's fees, and costs	1722
and expenses of providing credit facilities, put arrangements, and	1723
interest rate hedges, and for fees and expenses of agents, and	1724
other fees, costs, and expenses, in connection with arrangements	1725
under sections 9.98 to 9.983 of the Revised Code.	1726

(B) Issue unvoted urban renewal bonds, which pledge the full	1727
faith and credit of the municipal corporation and that may also	1728
pledge and be payable from all or any portion of the revenues as	1729
defined in division (D) of section 725.01 of the Revised Code.	1730

For bonds issued pursuant to this division, the ordinance	1731
provided for in section 725.06 of the Revised Code shall provide	1732
for the levying of a tax on real and tangible personal property,	1733
within the ten-mill limitation, sufficient in amount to pay the	1734
interest on and to provide a sinking fund for all of the principal	1735
of the urban renewal bonds authorized by that ordinance for their	1736
final redemption at maturity; but the amount of the tax to be	1737
levied in any year may be reduced by the amount available for such	1738
purposes from revenues, and any available moneys in the applicable	1739
urban renewal debt retirement fund. The ordinance providing for	1740
the levy of a tax pursuant to this division shall provide both of	1741
the following:	1742

(1) That the first principal maturity of the urban renewal	1743
bonds or the first mandatory sinking fund deposit therefor shall	1744
not be later than seven years following the issuance of the bonds;	1745

(2) That no principal maturity, mandatory sinking fund	1746
requirement, or combination thereof, shall be more than one and	1747
one-half times the amount of the next preceding principal	1748
maturity, mandatory sinking fund requirement, or combination	1749
thereof.	1750

A copy of such ordinance levying such tax shall be certified	1751
by the fiscal officer of the municipal corporation to the county	1752
auditor of the county in which the municipal corporation is	1753
located. The revenues pledged and the moneys derived from the levy	1754
of such tax shall be placed in the urban renewal debt retirement	1755
fund established for such urban renewal bonds and applied to the	1756
payment of interest on, principal of, and redemption premium for	1757
such urban renewal bonds, trustee's fees, and costs and expenses	1758
of providing credit facilities, put arrangements, and interest	1759
rate hedges, and for fees and expenses of agents, and other fees,	1760
costs, and expenses, in connection with arrangements under	1761
sections 9.98 to 9.983 of the Revised Code.	1762

(C) Issue unvoted urban renewal bonds pursuant to Article	1763
VIII, Section 13, Ohio Constitution, to create and preserve jobs	1764
and employment opportunities and to improve the economic welfare	1765
of the people of the municipal corporation, which pledge and are	1766
payable from revenues as defined in division (D) of section 725.01	1767
of the Revised Code and from any moneys selected by the municipal	1768
corporation that are not moneys raised by taxation.	1769

For bonds issued pursuant to this division, the urban renewal	1770
project and the ordinance provided for in section 725.06 of the	1771
Revised Code shall provide for the acquisition, construction,	1772
enlargement, improvement, or equipment of property, structures,	1773
equipment or facilities for industry, commerce, distribution, or	1774
research and for the obligating and pledging of moneys not raised	1775
by taxation as selected by the legislative authority of the	1776
municipal corporation sufficient in amount to pay all or any	1777
portion of the interest on and to provide a sinking fund for all	1778
or any portion of the principal of the urban renewal bonds	1779
authorized by the ordinance for their final redemption at	1780
maturity. The revenues pledged and the moneys so obligated and	1781
pledged shall be deposited in the urban renewal debt retirement	1782
fund established for such urban renewal bonds and applied to the	1783
payment of interest on, principal of, and redemption premium for	1784
such urban renewal bonds, trustee's fees, and costs and expenses	1785
of providing credit facilities, put arrangements, and interest	1786
rate hedges, and for fees and expenses of agents, and other fees,	1787
costs, and expenses, in connection with arrangements under	1788
sections 9.98 to 9.983 of the Revised Code. The amount of the	1789
moneys so deposited in any year may be reduced by the amount	1790
available for such purposes from revenues as defined in division	1791
(D) of section 725.01 of the Revised Code, and any available	1792
moneys in the applicable urban renewal debt retirement fund.	1793

(D) Make and enter into all contracts and agreements	1794
necessary or incidental to the exercise of its powers under	1795
sections 725.01 to 725.11 of the Revised Code.	1796

Sec. 725.11.  Urban renewal bonds issued under sections	1797
725.01 to 725.11 of the Revised Code may be secured by a trust	1798
agreement between the municipal corporation and a corporate	1799
trustee, which trustee may be any trust company or bank having the	1800
powers of a trust company within or without the state.	1801

Any such trust agreement and the ordinance providing for the	1802
issuance of such bonds may pledge or assign all revenues as	1803
defined in division (D) of section 725.01 of the Revised Code, or	1804
any part thereof, and all moneys deposited into the urban renewal	1805
debt retirement fund established for such bonds pursuant to	1806
section 725.03 of the Revised Code and may provide for the holding	1807
in trust by the trustee to the extent provided for in the	1808
ordinance authorizing such bonds, of all such revenues and moneys.	1809

Any such trust agreement, or any ordinance providing for the	1810
issuance of such bonds, may contain such provisions for protecting	1811
and enforcing the rights and remedies of the bondholders as are	1812
reasonable and proper and not in violation of law, including	1813
covenants setting forth the duties of the municipal corporation.	1814

Any bank or trust company incorporated under the laws of this	1815
state which may act as trustee or as depository of the proceeds of	1816
bonds or revenues may furnish such indemnifying bonds or may	1817
pledge such securities as are required by the municipal	1818
corporation. Any such trust agreement may set forth the rights and	1819
remedies of the bondholders and of the trustee, and may restrict	1820
the individual right of action by bondholders as is customary in	1821
trust agreements or trust indentures securing bonds or debentures	1822
of corporations. Such trust agreements may contain such other	1823
provisions as the municipal corporation deems reasonable and	1824
proper for the security of the bondholders.	1825

Sec. 1728.01.  As used in sections 1728.01 to 1728.13 of the	1826
Revised Code:	1827

(A) "Governing body" means, in the case of a municipal	1828
corporation, the city council or legislative authority.	1829

(B) "Community urban redevelopment corporation" means a	1830
corporation qualified under Chapter 1728. of the Revised Code, to	1831
acquire, construct, operate, and maintain a project hereunder, or	1832
to acquire, operate, and maintain a project constructed by a	1833
corporation so qualified under Chapter 1728. of the Revised Code,	1834
and the term "corporation" when used within Chapter 1728. of the	1835
Revised Code, shall be understood to be a contraction of the term	1836
"community urban redevelopment corporation" except when the	1837
context indicates otherwise.	1838

(C) "Impacted city" means a municipal corporation that meets	1839
the requirements of either division (C) (1) or (2) of this	1840
section:	1841

(1) In attempting to cope with the problems of urbanization,	1842
to create or preserve jobs and employment opportunities, and to	1843
improve the economic welfare of the people of the municipal	1844
corporation, the municipal corporation has at some time:	1845

(a) Taken affirmative action by its legislative body to	1846
permit the construction of housing by a metropolitan housing	1847
authority organized pursuant to sections 3735.27 to 3735.39 of the	1848
Revised Code within its corporate boundaries or to permit such a	1849
metropolitan housing authority to lease dwelling units within its	1850
corporate boundaries; and	1851

(b) Been certified by the director of the department of	1852
development that a workable program for community improvement	1853
(which shall include an official plan of action for effectively	1854
dealing with the problem of urban slums and blight within the	1855
community and for the establishment and preservation of a	1856
well-planned community with well-organized residential	1857
neighborhoods of decent homes and suitable living environment for	1858
adequate family life) for utilizing appropriate private and public	1859
resources to eliminate, and to prevent the development or spread	1860
of, slums and urban blight, to encourage needed urban	1861
rehabilitation, to provide for the redevelopment of blighted,	1862
deteriorated, or slum areas, to undertake such activities or other	1863
feasible community activities as may be suitably employed to	1864
achieve the objectives of such a program has been adopted. A	1865
determination by the United States that the impacted city's	1866
workable program meets the federal workable program requirements	1867
shall be sufficient for the director's certification.	1868

(2) Been declared a major disaster area, or part of a major	1869
disaster area, pursuant to the "Disaster Relief Act of 1970," 84	1870
Stat. 1744, 42 U.S.C.A. 4401, as now or hereafter amended, and has	1871
been extensively damaged or destroyed by a major disaster,	1872
provided that impacted city status obtained pursuant to division	1873
(C) (2) of this section lasts for only a limited period from the	1874
date of the declaration, as determined by the rules promulgated	1875
pursuant to division (G) of section 122.06 of the Revised Code,	1876
but in the event that an impacted city, while qualified under such	1877
division, enters into a financial agreement with a community urban	1878
redevelopment corporation pursuant to section 1728.07 of the	1879
Revised Code, a loss of certification under such rules shall not	1880
affect that agreement or the project to which it relates.	1881

(D) "Community development plan" means a plan, as it exists	1882
from time to time, for the redevelopment and renewal of a blighted	1883
area, which plan shall conform to the general plan for the	1884
municipality, and shall be sufficiently complete to indicate such	1885
land acquisition, demolition, and removal of structures,	1886
redevelopment, improvements, and rehabilitation as may be proposed	1887
to be carried out in such blighted area, zoning, and any planning	1888
changes, land uses, maximum densities, and building requirements.	1889

(E) "Blighted area" means an area within a municipality	1890
containing a majority of structures that have been extensively	1891
damaged or destroyed by a major disaster, or that, by reason of	1892
dilapidation, deterioration, age or obsolescence, inadequate	1893
provision for ventilation, light, air, sanitation, or open spaces,	1894
unsafe and unsanitary conditions or the existence of conditions	1895
which endanger lives or properties by fire or other hazards and	1896
causes, or that, by reason of location in an area with inadequate	1897
street layout, incompatible land uses or land use relationships,	1898
overcrowding of buildings on the land, excessive dwelling unit	1899
density, or other identified hazards to health and safety, are	1900
conducive to ill health, transmission of disease, juvenile	1901
delinquency and crime and are detrimental to the public health,	1902
safety, morals and general welfare.	1903

(F) "Project" means:

1904

(1) As to blighted areas within all municipal corporations,	1905
the undertaking and execution of the redevelopment of a blighted	1906
area by a community urban redevelopment corporation, in whole or	1907
in part, pursuant to a community development plan approved by the	1908
governing body of the municipal corporation in which such blighted	1909
area is situated and in accordance with an agreement for the sale	1910
or lease of all or a portion of the land concerned in such	1911
redevelopment to the corporation by a municipal corporation, or	1912
agency, or authority including the work to be done in reference	1913
thereto, the designation of the particular proposed buildings to	1914
be constructed and their uses and purposes, the landscaping of the	1915
premises, the streets and access roads, recreational facilities,	1916
if any, the furnishing of the public utilities, the financial	1917
arrangements, and the terms and conditions of the proposed	1918
municipal corporation and approval; and	1919

(2) In addition as to blighted areas within impacted cities,	1920
the undertaking and activities of a community urban redevelopment	1921
corporation in a blighted area for the elimination and for the	1922
prevention of the development or spread of blight pursuant to a	1923
community development plan approved by the governing body of the	1924
impacted city and to the extent agreed to by the governing body of	1925
the impacted city in the financial agreement provided for in	1926
section 1728.07 of the Revised Code and may involve clearance and	1927
redevelopment, or rehabilitation or conservation or any	1928
combination or part thereof, in accordance with such community	1929
development plan, and such aforesaid undertakings and activities	1930
may include acquisition of a blighted area or portion by purchase	1931
or otherwise, and demolition and removal of buildings and	1932
improvements.	1933

(G)(F) "Total project unit cost" or "total project cost"	1934
means the aggregate of the following items as related to any unit	1935
of a project if the project is to be undertaken in units or to the	1936
total project if the project is not to be undertaken in units:	1937

(1) Cost of the land to the community urban redevelopment	1938
corporation;	1939

(2) Architects', engineers', and attorneys' fees paid or	1940
payable by the corporation in connection with the planning,	1941
construction, and financing of the project;	1942

(3) Surveying and testing charges in connection therewith;

1943

(4) Actual construction cost as certified by the architect,	1944
including the cost of any preparation of the site undertaken at	1945
the corporation's expense;	1946

(5) Insurance, interest, and finance costs during	1947
construction;	1948

(6) Cost of obtaining initial permanent financing;

1949

(7) Commissions and other expenses paid or payable in	1950
connection with initial leasing;	1951

(8) Real estate taxes and assessments during the construction	1952
period;	1953

(9) Developer's overhead based on a percentage of division	1954
(G)(F)(4) of this section, to be computed in accordance with the	1955
following schedule:	1956

$500,000 or less	-	10 per cent		1957
500,001 through $ 1,000,000	-	$50,000 plus 8 per cent on		1958
		excess above $500,000		1959
1,000,001 through 2,000,000	-	90,000 plus 7 per cent on		1960
		excess above 1,000,000		1961
2,000,001 through 3,500,000	-	160,000 plus 5.6667 per cent		1962
		on excess above 2,000,000		1963
3,500,001 through 5,500,000	-	245,000 plus 4.25 per cent		1964
		on excess above 3,500,000		1965
5,500,001 through 10,000,000	-	330,000 plus 3.7778 per cent		1966
		on excess above 5,500,000		1967
Over 10,000,000	-	5 per cent		1968

(H)(G) "Annual gross revenue" means the total annual gross	1969
rental and other income of a community urban redevelopment	1970
corporation from the project. If in any leasing, any real estate	1971
taxes or assessments on property included in the project, any	1972
premiums for fire or other insurance on or concerning property	1973
included in the project, or any operating or maintenance expenses	1974
ordinarily paid by a landlord are to be paid by the tenant, such	1975
payments shall be computed and deemed to be part of the rent and	1976
shall be included in the annual gross revenue. The financial	1977
agreement provided for in section 1728.07 of the Revised Code	1978
shall establish the method of computing such additional revenue,	1979
and may establish a method of arbitration where either the	1980
landlord or the tenant disputes the amount of such payments so	1981
included in the annual gross revenue.	1982

(I)(H) "Major disaster" means any tornado, storm, flood, high	1983
water, wind-driven water, tidal wave, earthquake, fire, or other	1984
catastrophe.	1985

Sec. 3735.40.  As used in sections 3735.27, 3735.31, and	1986
3735.40 to 3735.50 of the Revised Code:	1987

(A) "Federal government" includes the United States, the	1988
federal works administrator, or any other agency or	1989
instrumentality, corporate or otherwise, of the United States.	1990

(B) "Slum area" means any area where dwellings predominate	1991
which, by reason of dilapidation, overcrowding, faulty arrangement	1992
or design, lack of ventilation, light, or sanitary facilities, or	1993
any combination of these factors, are detrimental to safety,	1994
health, or morals.	1995

(C) "Housing project" or "project" means any of the following	1996
works or undertakings:	1997

(1) Demolish, clear, or remove buildings from any slum area.	1998
Such work or undertaking may embrace the adaptation of such area	1999
to public purposes, including parks or other recreational or	2000
community purposes.	2001

(2) Provide decent, safe, and sanitary urban or rural	2002
dwellings, apartments, or other living accommodations for persons	2003
of low income. Such work or undertaking may include buildings,	2004
land, equipment, facilities, and other real or personal property	2005
for necessary, convenient, or desirable appurtenances, streets,	2006
sewers, water service, parks, site preparation, gardening,	2007
administrative, community, health, recreational, educational,	2008
welfare, or other purposes.	2009

(3) Accomplish a combination of the foregoing. "Housing	2010
project" also may be applied to the planning of the buildings and	2011
improvements, the acquisition of property, the demolition of	2012
existing structures, the construction, reconstruction, alteration,	2013
and repair of the improvements, and all other work in connection	2014
therewith.	2015

(D)(C) "Families of low income" means persons or families who	2016
lack the amount of income which is necessary, as determined by the	2017
metropolitan housing authority undertaking the housing project, to	2018
enable them, without financial assistance, to live in decent,	2019
safe, and sanitary dwellings, without overcrowding.	2020

(E)(D) "Families" means families consisting of two or more	2021
persons, a single person who has attained the age at which an	2022
individual may elect to receive an old age benefit under Title II	2023
of the "Social Security Act" or is under disability as defined in	2024
section 223 of that act, 49 Stat. 622 (1935), 42 U. S. C. A. 401,	2025
as amended, or the remaining member of a tenant family.	2026

(F)(E) "Families" also means a single person discharged by	2027
the head of a hospital pursuant to section 5122.21 of the Revised	2028
Code after March 10, 1964.	2029

Sec. 3735.59.  A metropolitan housing authority may contract	2030
with persons, associations, or corporations, or with the state, a	2031
state department or agency, or a state public body as defined in	2032
section 3735.51 of the Revised Code for furnishing to the	2033
authority food services, health clinics, medical services, or	2034
other services for tenants of the authority who are not able to	2035
provide for themselves.	2036

The director of any state department may enter into	2037
agreements with a metropolitan housing authority for furnishing	2038
such services to the authority for tenants described in division	2039
(F)(E) of section 3735.40 of the Revised Code pursuant to terms	2040
agreed upon between the director and the authority and for such	2041
compensation as will reimburse the department for the services	2042
rendered.	2043

Section 2. That existing sections 163.01, 163.02, 163.03,	2044
163.04, 163.05, 163.06, 163.08, 163.09, 163.12, 163.14, 163.15,	2045
163.16, 163.17, 163.19, 163.20, 163.21, 163.22, 163.52, 163.53,	2046
163.54, 163.55, 163.56, 163.57, 163.58, 163.59, 163.60, 163.61,	2047
163.62, 303.26, 719.012, 725.01, 725.02, 725.05, 725.11, 1728.01,	2048
3735.40, and 3735.59 and section 163.51 of the Revised Code are	2049
hereby repealed.	2050