Section 1. That sections 163.01, 163.02, 163.04, 163.05, | 10 |
163.06, 163.09, 163.12, 163.14, 163.15, 163.19, 163.21, 163.53, | 11 |
163.62,
303.26, 719.012, 725.01, 1728.01, 2505.02, and 3735.40 be | 12 |
amended
and sections 1.08, 163.021, 163.041, 163.051, 163.211, | 13 |
and 163.63 of the Revised
Code be enacted to read as follows: | 14 |
(A) "Blighted area" and "slum" mean an area in which at least | 16 |
seventy per cent of the parcels are blighted parcels and those | 17 |
blighted parcels substantially impair or arrest the sound growth | 18 |
of the state or a political subdivision of the state, retard the | 19 |
provision of housing accommodations, constitute an economic or | 20 |
social liability, or are a menace to the public health, safety, | 21 |
morals, or welfare in their present condition and use. | 22 |
(D)(1) Notwithstanding any other provision of this section, | 74 |
absent any environmental or public health hazard that cannot be | 75 |
corrected under its current use or ownership, a property is not a | 76 |
blighted parcel because of any condition listed in division (B) of | 77 |
this section if the condition is consistent with conditions that | 78 |
are normally incident to generally accepted agricultural practices | 79 |
and the land is used for agricultural purposes as defined in | 80 |
section 303.01 or 519.01 of the Revised Code, or the county | 81 |
auditor of the county in which the land is located has determined | 82 |
under section 5713.31 of the Revised Code that the land is "land | 83 |
devoted exclusively to agricultural use" as defined in section | 84 |
5713.30 of the Revised Code. | 85 |
(2) All of the following are presumed to be public uses: | 129 |
utility facilities, roads, sewers, water lines, public schools, | 130 |
public institutions of higher education, private institutions of | 131 |
higher education that are authorized to appropriate property under | 132 |
section 3333.08 of the Revised Code,
public parks, government | 133 |
buildings, port authority transportation facilities, projects by | 134 |
an agency that is
a public utility, and
similar facilities and | 135 |
uses of land. | 136 |
(M) "Port authority transportation facility" means any | 150 |
facility developed, controlled, or operated by a port authority | 151 |
for the purpose of providing passenger, cargo, or freight | 152 |
transportation services, such as airports, maritime ports, rail | 153 |
facilities, transit facilities, and support facilities directly | 154 |
related to
any airport, maritime port, rail facility, or transit | 155 |
facility. | 156 |
Sec. 163.02. (A) Except as provided in divisions (B),
(C), | 157 |
(D), and (F) of this section, allAll appropriations of real | 158 |
property
shall be made pursuant to sections 163.01 to 163.22 of | 159 |
the
Revised Code, except as otherwise provided in this section, | 160 |
as otherwise provided to abate a health nuisance or because of a | 161 |
public exigency as provided in division (B) of section 307.08, | 162 |
6101.181, 6115.221, 6117.39, or 6119.11 or division (D) of | 163 |
section 504.19 of the Revised Code, or as otherwise provided to | 164 |
abate a health nuisance or because of a public exigency as | 165 |
provided in a municipal
charter or ordinance. | 166 |
(F) A county, township that has adopted a limited home rule | 183 |
government, conservancy district, sanitary district, county sewer | 184 |
district, or a regional water and sewer district also may | 185 |
appropriate real property in the manner prescribed in division (B) | 186 |
of section 307.08, 6101.181, 6115.221, 6117.39, or 6119.11 or | 187 |
division (D) of section 504.19 of the Revised Code, as applicable. | 188 |
(E) Nothing in this chapter precludes any person from | 205 |
voluntarily conveying a property to an agency that is considering | 206 |
appropriating the property or that offers to purchase the property | 207 |
under threat of appropriation. Any such voluntary conveyance of a | 208 |
property to an agency is deemed for all purposes to be a sale | 209 |
under the threat of appropriation for a public use. This division | 210 |
applies to a voluntary conveyance to an agency regardless of | 211 |
whether the property is a blighted property or is located in a | 212 |
blighted area, or the property subsequently could be found for any | 213 |
reason not to qualify for appropriation by the agency. | 214 |
(C) No park board, park district, board of directors of a | 229 |
conservancy district, incorporated association with a purpose of | 230 |
establishing or preserving public parks and memorial sites, or | 231 |
similar park authority shall exercise any power of eminent domain | 232 |
to appropriate real property outside the county or counties in | 233 |
which the park authority is located unless the appropriation has | 234 |
the written approval of the legislative authority of each county | 235 |
in which the property is located, other than the county or | 236 |
counties in which the park authority is located. | 237 |
(E) If an appropriation is by a public agency that is not | 242 |
elected and an owner has provided the public agency with a written | 243 |
objection to the appropriation, the elected officials of the | 244 |
public agency or elected
individual that appointed the unelected | 245 |
agency may veto that
appropriation. If the unelected public | 246 |
agency was appointed by
more than one public agency or elected | 247 |
individual, a majority vote
of the elected officials of the | 248 |
appointing public agencies or elected individuals is
required to | 249 |
veto the appropriation. If the public agency that is
not elected | 250 |
is a state agency or instrumentality such as a
university, the | 251 |
governor has the veto authority. The governor may
delegate that | 252 |
authority but may not delegate that authority to the unelected | 253 |
agency that seeks the appropriation. | 254 |
Sec. 163.04. Appropriations shall be made(A) At least | 255 |
thirty days before filing a petition pursuant to section 163.05 of | 256 |
the Revised Code, an agency shall provide notice to the owner of | 257 |
the agency's intent to acquire the property. The notice shall be | 258 |
substantially in the form set forth in section 163.041 of the | 259 |
Revised Code. The notice shall be delivered personally on, or by | 260 |
certified mail to, the owner of the property or the owner's | 261 |
designated representative. | 262 |
(B) Together with the notice that division (A) of this | 263 |
section requires, or after providing that notice but not less than | 264 |
thirty days before filing a petition pursuant to section 163.05 of | 265 |
the Revised Code, an agency shall provide an owner with a written | 266 |
good faith offer to purchase the property. The agency may revise | 267 |
that offer if before commencing an appropriation proceeding the | 268 |
agency becomes aware of conditions indigenous to the property that | 269 |
could not reasonably have been discovered at the time of the | 270 |
initial good faith offer or if the agency and the owner exchange | 271 |
appraisals prior to the filing of the petition. | 272 |
(C) An agency may
appropriate real property only after the | 273 |
agency obtains an
appraisal of the property and provides a copy | 274 |
of
the appraisal to
the owner or, if more than one, each owner | 275 |
or to the
guardian or
trustee of each owner. The agency need not | 276 |
provide an
owner with
a copy of the appraisal when that owner is | 277 |
incapable of
contracting in person or by agent to convey the | 278 |
property and has
no guardian or trustee or is unknown, or the | 279 |
residence of the owner cannot with reasonable
diligence be | 280 |
ascertained. When the appraisal indicates that the
property is | 281 |
worth less than ten thousand dollars, the agency need
only | 282 |
provide an owner, guardian, or trustee with a summary of the | 283 |
appraisal. The agency shall provide the copy or summary of the | 284 |
appraisal to an owner, guardian, or trustee at or before the time | 285 |
the agency makes its first offer to purchase the property. A | 286 |
public utility or the head of a public agency may prescribe a | 287 |
procedure to waive the appraisal in cases involving the | 288 |
acquisition by sale or donation of property with a fair market | 289 |
value of ten thousand dollars or less. | 290 |
(D) An agency may appropriate real property only after the | 291 |
agency is unable to
agree on a conveyance or the terms of a | 292 |
conveyance, for any reason, with theany owner, or if more than | 293 |
one, any owner, or
histhe
guardian or trustee, or whenof any | 294 |
owner unless each owner is incapable of
contracting in person
or | 295 |
by agent to convey the property and has no guardian or trustee, or | 296 |
each owner is unknown, or is not a
resident of this state, or his | 297 |
the residence of each owner is unknown to the agency and cannot | 298 |
the residence of no owner can
with reasonable diligence be | 299 |
ascertained. | 300 |
We will be presenting you with a written offer based on our | 322 |
determination of the fair market value of your property. You will | 323 |
have ...... days (minimum of ten) from the time you receive that | 324 |
offer to accept or
reject the offer. We will be willing to | 325 |
discuss the offer with you
during that time. You are not required | 326 |
to accept that offer. If you reject the offer or we are unable to | 327 |
come
to an agreement, we may have to exercise our eminent domain | 328 |
authority to appropriate your property, which requires a court | 329 |
procedure. In a court proceeding, you may
disagree with any of | 330 |
the following: whether the project is
necessary (except in quick | 331 |
takes), whether the project is a public use (except in quick | 332 |
takes), whether your property is blighted (if applicable), and | 333 |
whether our
offer reflects the fair market value of the property. | 334 |
After a trial, a jury will decide the amount you are to be | 368 |
awarded for
your property that is taken, for the damage that is | 369 |
caused by the taking, if applicable, and for other damages | 370 |
permitted by law, which could either exceed or be less than our | 371 |
offer. During the court proceeding, you have the right to testify | 372 |
as to the value of your property, and you and the agency are | 373 |
entitled to present evidence of the fair market value of the | 374 |
property (easement). | 375 |
(H) In the event of an appropriation where the agency would | 429 |
require less than
the whole of any parcel containing a residence | 430 |
structure and the required
portion would remove a garage and | 431 |
sufficient land that a replacement garage
could not be lawfully or | 432 |
practically attached, the appropriation shall be for
the whole | 433 |
parcel and all structures unless, at the discretion of the owner, | 434 |
the owner waives this requirement, in which case the agency shall | 435 |
appropriate only the portion that the agency requires as well as | 436 |
the entirety of any structure that is in whole or in part on the | 437 |
required portion. | 438 |
In the event of the appropriation of less than the fee of
any | 439 |
parcel or of a fee in less than the whole of any parcel of | 440 |
property, the agency shall either make available to the owner or | 441 |
shall file in the office of the county engineer, a description of | 442 |
the nature of the improvement or use which requires the | 443 |
appropriation, including any specifications, elevations, and
grade | 444 |
changes already determined at the time of the filing of the | 445 |
petition, in sufficient detail to permit a determination of the | 446 |
nature, extent, and effect of the taking and improvement. A set
of | 447 |
highway construction plans shall be acceptable in providing
such | 448 |
description for the purposes of the preceding sentence in
the | 449 |
appropriation of land for highway purposes. | 450 |
Sec. 163.051. Either an owner of property or an agency may | 451 |
request that the issue of the value of the property be submitted | 452 |
to nonbinding
mediation. Any request for mediation shall be made | 453 |
in writing within ten business days after the owner
files an | 454 |
answer pursuant to section 163.08 of the Revised Code.
The court | 455 |
shall appoint a mediator, and the mediation shall be conducted and | 456 |
concluded within fifty days after the owner filed an answer. Only | 457 |
a judge may extend the time for concluding the mediation, and the | 458 |
judge may do so only for the reason of an inability to obtain an | 459 |
appraisal. The agency shall pay the cost of mediation. | 460 |
Sec. 163.06. (A) A public agency, other than an agency | 461 |
appropriating property for the purposes described in division (B) | 462 |
of this section, whichthat qualifies pursuant to Section 19 of | 463 |
Article I, Ohio Constitution, may deposit with the court at the | 464 |
time of filing the petition the value of such property | 465 |
appropriated together with the damages, if any, to the residue,
as | 466 |
determined by the public agency, and thereupon take possession
of | 467 |
and enter upon the property appropriated. The right of
possession | 468 |
upon deposit as provided in this division shall not
extend to | 469 |
structures. | 470 |
(B) A public agency appropriating property for the purpose
of | 471 |
making or repairing roads which shall be open to the public, | 472 |
without charge, or for the purpose of implementing rail service | 473 |
under Chapter
4981. of the Revised Code,
may deposit with the | 474 |
court at the time of filing the petition the
value of such | 475 |
property appropriated together with the damages, if
any, to the | 476 |
residue, as determined by the public agency, and
stated in an | 477 |
attached declaration of intention to obtain
possession and | 478 |
thereupon take possession of and enter upon the
property | 479 |
appropriated, including structures situated upon the
land | 480 |
appropriated for such purpose or situated partly upon the
land | 481 |
appropriated therefor and partly upon adjoining land, so
that such | 482 |
structures cannot be divided upon the line between such
lands | 483 |
without manifest injury thereto. The jury, in assessing | 484 |
compensation to any owner of land appropriated under this
division | 485 |
shall assess the value thereof in accordance with
section 163.14 | 486 |
of the Revised Code. The owner or occupant of
such structures | 487 |
shall vacate the same within sixty days after
service of summons | 488 |
as required under section 163.07 of the
Revised Code, at no cost | 489 |
to the appropriating agency, after which
time the agency may | 490 |
remove said structures. In the event such
structures are to be | 491 |
removed before the jury has fixed the value
of the same, the | 492 |
court, upon motion of the agency, shall: | 493 |
(C) Any time after the deposit is made by the public
agency | 506 |
under division (A) or (B) of this section, the owner may
apply to | 507 |
the court to withdraw the deposit, and such withdrawal
shall in no | 508 |
way interfere with the action except that the sum so
withdrawn | 509 |
shall be deducted from the sum of the final verdict or
award. Upon | 510 |
such application being made the court shall direct
that the sum be | 511 |
paid to such owner subject to the rights of other
parties in | 512 |
interest provided such parties make timely application
as provided | 513 |
in section 163.18 of the Revised Code. Interest
shall not accrue | 514 |
on any sums withdrawable as provided in this
division. | 515 |
Sec. 163.09. (A) If no answer is filed pursuant to
section | 516 |
163.08 of the Revised Code, and no approval ordered by the
court | 517 |
to a settlement of the rights of all necessary parties, the
court, | 518 |
on motion of a public agency, shall declare the value of
the | 519 |
property taken and the damages, if any, to the residue to be as | 520 |
set forth in
any document properly filed with the clerk of the | 521 |
court of common pleas by the
public agency. In all other cases, | 522 |
the court shall fix a time,
within twenty days from the last date | 523 |
that the answer could have
been filed, for the assessment of | 524 |
compensation by a jury. | 525 |
(B)(1) When an answer is filed pursuant to section 163.08 of | 526 |
the Revised Code and any of the matters relating to the right to | 527 |
make the appropriation, the inability of the parties to agree, or | 528 |
the necessity for the appropriation are specifically denied in
the | 529 |
manner provided in that section, the court shall set a day,
not | 530 |
less than five or more than fifteen days from the date the
answer | 531 |
was filed, to hear those matters. Upon those matters,
the burden | 532 |
of proof is upon the owner. Aagency by a preponderance of the | 533 |
evidence except as follows: | 534 |
(2) Subject to the irrebuttable presumption in division | 549 |
(B)(1)(c) of this section, only the judge may determine the | 550 |
necessity of the appropriation. If, as to any or all of the | 551 |
property or other interests
sought to be appropriated, the court | 552 |
determines the matters in
favor of the agency, the court shall set | 553 |
a time for the
assessment of compensation by the jury within | 554 |
twentynot less than sixty days from
the date of the | 555 |
journalization of that
determination, subject to the right of the | 556 |
parties to request
mediation under section 163.051 of the Revised | 557 |
Code and the right
of the owner to an immediate appeal under | 558 |
division (B)(3) of this
section. AnExcept as provided in | 559 |
division (B)(3) of this
section, an order
of the court in favor | 560 |
of the agency on any of
the matters or
on qualification under | 561 |
section 163.06 of the
Revised Code shall
not be a final order for | 562 |
purposes of appeal. An
order of the
court against the agency on | 563 |
any of the matters or on
the
question of qualification under | 564 |
section 163.06 of the Revised
Code shall be a final order for | 565 |
purposes of appeal. If a public
agency has taken possession prior | 566 |
to such an order and such an
order,
after any appeal, is against | 567 |
the agency on any of the
matters,
the agency shall restore the | 568 |
property to the owner in its
original condition or respond in | 569 |
damages, which may include the
items set forth in division (A)(2) | 570 |
of section 163.21 of the
Revised Code, recoverable by civil | 571 |
action, to which the state
consents. | 572 |
(3) An owner has a right to an immediate appeal if the order | 573 |
of the court is in favor of the agency in any of the matters the | 574 |
owner denied in the answer, unless the agency is appropriating | 575 |
property in time of war or other public exigency imperatively | 576 |
requiring its immediate seizure, for the purpose of making or | 577 |
repairing roads which shall be open to the public without charge, | 578 |
for the purpose of implementing rail service under Chapter 4981. | 579 |
of the Revised Code, or under section 307.08, 504.19, 6101.181, | 580 |
6115.221, 6117.39, or 6119.11 of the Revised Code or by a public | 581 |
utility owned and operated by a municipal corporation as the | 582 |
result of
a public exigency. | 583 |
(F) If an answer is filed under section 163.08 of the Revised | 600 |
Code with respect to the value of property appropriated under | 601 |
section 307.08, 504.19, 6101.181, 6115.221, 6117.39, or 6119.11 of | 602 |
the Revised Code as the result of a public exigency, the trier of | 603 |
fact shall determine that value based on the evidence presented, | 604 |
with neither party having the burden of
proof with respect to | 605 |
that value is on the party or parties to the
appropriation other | 606 |
than the property owners. | 607 |
(B) The jury, in its verdict, shall assess the compensation | 632 |
for
the property appropriated and damages, if any, to the residue, | 633 |
to
be paid to the owners. When a building or other structure is on | 634 |
the property appropriated or when a building or other structure
is | 635 |
situated partly upon the land appropriated and partly upon | 636 |
adjoining land so that the structure cannot be divided upon the | 637 |
line between such lands without manifest injury thereto, the
jury, | 638 |
in assessing compensation to any owner of the land, shall
assess | 639 |
the value thereof, as part of the compensation. The title
to said | 640 |
structure shall vest in the agency which shall have the
right to | 641 |
enter upon the adjoining land upon which any part of the
structure | 642 |
is located for the purpose of removing said structure
therefrom, | 643 |
after deposit in accordance with the verdict. Such
removal shall | 644 |
be made within ninety days after taking title to
the property | 645 |
appropriated; provided, that the court may extend
removal time | 646 |
upon such conditions as the court requires. | 647 |
Sec. 163.15. (A) As soon as the agency pays to the party | 666 |
entitled thereto or
deposits with the court the amount of the | 667 |
award and the costs assessed against
the agency, it may take | 668 |
possession; provided, that this shall not be construed
to limit | 669 |
the right of a public agency to enter and take possession, as | 670 |
provided in section 163.06 of the Revised Code. When the agency is | 671 |
entitled
to possession the court shall enter an order to such | 672 |
effect upon the record
and, if necessary, process shall be issued | 673 |
to place the agency in possession.
Whenever a final journal entry | 674 |
in an appropriation proceeding, granting to
this
state a fee title | 675 |
or any lesser estate or interest in real property is filed
and | 676 |
journalized by the clerk of courts, the clerk of courts shall | 677 |
forthwith
transmit to the county auditor a certified copy of said | 678 |
final journal entry
who shall transfer the property on histhe | 679 |
auditor's books and
transmit said entry with
proper endorsement to | 680 |
the county recorder for recording. The costs of filing
such final | 681 |
journal entry with the county auditor and the county recorder | 682 |
shall
be taxed as costs in the appropriation proceedings the same | 683 |
as other costs are
taxed under section 163.16 of the Revised Code. | 684 |
(3) In addition to any payments an owner of a business may | 710 |
receive under division (B)(1) of this section, an owner of a | 711 |
business who is required by an appropriation of real property to | 712 |
relocate the business may recover damages for the owner's actual | 713 |
economic loss resulting from the appropriation, as proven by the | 714 |
owner by a preponderance of the evidence. Compensation for actual | 715 |
economic loss under this division shall not include any attorney's | 716 |
fees and shall not duplicate any amount awarded as compensation | 717 |
under this chapter. | 718 |
Sec. 163.19. Subject to sections 163.07 and 163.09 of the | 719 |
Revised Code, any
party may prosecute appeals as in other civil | 720 |
actions from the judgment of the
court. The trial court upon | 721 |
proper terms may suspend the execution of any
order; but in all | 722 |
cases where the agency pays or deposits the amount of the
award | 723 |
assessed and gives adequate security for any further compensation | 724 |
and
costs, as required by the court, the right to take and use the | 725 |
property
appropriated shall not be affected by such review by the | 726 |
appellate courts. | 727 |
(B)(1) Except as provided in division (B)(2) of this
section, | 745 |
if inIn appropriation proceedings under sections 163.01 to
163.22 | 746 |
of the Revised Code or, as authorized by divisions (A) and (B), | 747 |
(C), and (D) of section 163.02 of the Revised Code, infor | 748 |
appropriation proceedings in time of a public exigency under other | 749 |
sections of the Revised
Code, if the court determines that an | 750 |
agency is not entitled to
appropriate particular property, the | 751 |
court shall enter both of
the following: | 752 |
(C)(1) Except as otherwise provided in division (C)(2) or (3) | 766 |
of this section and subject to division (C)(5) of this section, | 767 |
when an agency appropriates property and the
final award of | 768 |
compensation is greater than one hundred
twenty-five per cent of | 769 |
the agency's good faith offer for the property
or, if before | 770 |
commencing the appropriation proceeding the agency
made a revised | 771 |
offer based on conditions indigenous to the
property that could | 772 |
not reasonably have been discovered at the
time of the good faith | 773 |
offer, one hundred twenty-five per cent of the
revised offer, the | 774 |
court shall enter judgment in favor of the
owner, in amounts the | 775 |
court considers just, for all costs and
expenses, including | 776 |
attorney's and appraisal fees, that the owner
actually incurred. | 777 |
(2) If the agency is appropriating property in time of war or | 778 |
other public exigency imperatively requiring its immediate | 779 |
seizure, for the purpose of making or repairing roads that shall | 780 |
be open to the public without charge, for the purpose of | 781 |
implementing rail service under Chapter 4981. of the Revised Code, | 782 |
or under section 307.08, 504.19, 6101.181, 6115.221, 6117.39, or | 783 |
6119.11 of the Revised Code as the result of a public exigency, or | 784 |
the agency is a municipal corporation that is appropriating | 785 |
property as a result of a public exigency, the court shall enter | 786 |
judgment in favor of the owner for costs and expenses, including | 787 |
attorney's and appraisal fees, that the owner actually incurred | 788 |
only if under division (D) of section 1.08 of the Revised Code the | 789 |
property being appropriated is not a blighted parcel and the final | 790 |
award of compensation is more than one hundred fifty per cent of | 791 |
the agency's good faith offer or a revised offer made by the | 792 |
agency under division (C)(1) or (3) of this section. | 793 |
(4) An award of costs and expenses, including attorney's and | 802 |
appraisal fees, that the owner actually incurred, under division | 803 |
(C) of this section shall not exceed the lesser of twenty-five | 804 |
per cent of the amount by which the final award of compensation | 805 |
exceeds the agency's initial good faith offer or revised offer or | 806 |
twenty-five per
cent of the amount by which the final award of | 807 |
compensation
exceeds the agency's last written offer made not | 808 |
less than
forty-five days before the date initially designated | 809 |
for trial by
the court. | 810 |
Sec. 163.211. If an agency decides not to use appropriated | 824 |
property for the purpose stated in the appropriation petition, the | 825 |
prior owner from whom the property was appropriated may repurchase | 826 |
the property for its fair market value as determined by an | 827 |
independent appraisal made by an appraiser chosen by agreement of | 828 |
the parties or, if the parties cannot agree, an appraiser chosen | 829 |
by the court. The right of repurchase shall be
extinguished if | 830 |
any of the following occur: | 831 |
(C) Any displaced person eligible for payments under
division | 871 |
(A) of this section who is displaced from histhe
person's place | 872 |
of
business or from histhe person's farm operation may qualify | 873 |
for
the payment
authorized by this division in lieu of the payment | 874 |
authorized by
division (A) of this section. The payment authorized | 875 |
by this
division shall consist of a fixed payment in an amount to | 876 |
be
determined according to criteria established by the head of the | 877 |
lead agency, except that such payment shall be not less than one | 878 |
thousand dollars nor more than twenty thousand dollars. A person | 879 |
whose sole business at the displacement dwelling is the rental of | 880 |
such property to others does not qualify for a payment under this | 881 |
division. | 882 |
(D)(1) Except as provided in section 5501.51 of the
Revised | 883 |
Code, if a program or project undertaken by a displacing
agency | 884 |
results in the relocation of a utility facility, and the
purpose | 885 |
of the program or project was not to relocate or
reconstruct any | 886 |
utility facility; and if the owner of the utility
facility which | 887 |
is being relocated under such program or project
has entered into | 888 |
a franchise or similar agreement with the state
or local | 889 |
government on whose property, easement, or right-of-way
such | 890 |
facility is located with respect to the use of such
property, | 891 |
easement, or right-of-way; and if the relocation of
such facility | 892 |
results in such owner incurring an extraordinary
cost in | 893 |
connection with such relocation; then the displacing
agency may, | 894 |
in accordance with such rules as the head of the lead
agency may | 895 |
adopt, provide to such owner a relocation payment
which may not | 896 |
exceed the amount of such extraordinary cost, less
any increase in | 897 |
the value of the new utility facility above the
value of the old | 898 |
utility facility, and less any salvage value
derived from the old | 899 |
utility facility. | 900 |
(a) "Extraordinary cost in connection with a relocation" | 902 |
means any cost incurred by the owner of a utility facility in | 903 |
connection with relocation of such facility that is determined by | 904 |
the head of the displacing agency, under such rules as the head
of | 905 |
the lead agency shall adopt, to be a nonroutine relocation | 906 |
expense, to be a cost that owner ordinarily does not include in | 907 |
its annual budget as an expense of operation, and to meet such | 908 |
other requirements as the lead agency may prescribe in such
rules. | 909 |
(b) "Utility facility" means any electric, gas, water,
steam | 910 |
power, or materials transmission or distribution system;
any | 911 |
transportation system; any communications system, including
cable | 912 |
television; and any fixture, equipment, or other property | 913 |
associated with the operation, maintenance, or repair of any such | 914 |
system; which is located on property owned by a state or local | 915 |
government or over which a state or local government has an | 916 |
easement or right-of-way. A utility facility may be publicly, | 917 |
privately, or cooperatively owned. | 918 |
Sec. 163.62. (A) The court having jurisdiction of a | 919 |
proceeding instituted by a state agency to acquire real property | 920 |
by condemnation shall award the owner of any right, or title to, | 921 |
or interest in, such real property such sum as will in the
opinion | 922 |
of the court reimburse such owner for histhe owner's
reasonable | 923 |
costs, disbursements, and expenses, including reasonable
attorney, | 924 |
appraisal, and engineering fees, actually incurred
because of the | 925 |
condemnation proceeding, if either: | 926 |
(D) "Slum area" means an area within a county but outside
the | 951 |
corporate limits of any municipality, in which area there is
a | 952 |
predominance of buildings or improvements, whether residential
or | 953 |
nonresidential, which by reason of dilapidation,
deterioration, | 954 |
age or obsolescence, inadequate provision for
ventilation, light, | 955 |
air, sanitation, or open spaces, high density
of population and | 956 |
overcrowding, or the existence of conditions
which endanger life | 957 |
or property, by fire and other causes, or any
combination of such | 958 |
factors is conducive to ill health,
transmission of disease, | 959 |
infant mortality, juvenile delinquency,
or crime, and is | 960 |
detrimental to the public health, safety,
morals, or welfarehas | 961 |
the meaning defined in section 1.08 of the Revised Code. | 962 |
(E) "Blighted area" means an area within a county but
outside | 963 |
the corporate limits of any municipality, which area by
reason of | 964 |
the presence of a substantial number of slum,
deteriorated, or | 965 |
deteriorating structures, predominance of
defective or inadequate | 966 |
street layout, faulty lot layout in
relation to size, adequacy, | 967 |
accessibility, or usefulness,
insanitary or unsafe conditions, | 968 |
deterioration of site or other
improvements, diversity of | 969 |
ownership, tax or special assessment
delinquency exceeding the | 970 |
fair value of the land, defective or
unusual conditions to title, | 971 |
or the existence of conditions which
endanger life or property by | 972 |
fire and other causes, or any
combination of such factors, | 973 |
substantially impairs or arrests the
sound growth of a county, | 974 |
retards the provision of housing
accommodations, or constitutes an | 975 |
economic or social liability
and is a menace to the public health, | 976 |
safety, morals, or welfare
in its present condition and usehas | 977 |
the meaning defined in section 1.08 of the Revised Code. | 978 |
(F) "County renewal project" may include undertakings and | 983 |
activities of a county in a county renewal area for the | 984 |
elimination and for the prevention of the development or spread
of | 985 |
slums and blight, and may involve slum clearance and
redevelopment | 986 |
in a county renewal area, or rehabilitation or
conservation in a | 987 |
county renewal area, or any combination or part
thereof, in | 988 |
accordance with a county renewal plan, and such
aforesaid | 989 |
undertakings and activities may include acquisition of
a slum area | 990 |
or a blighted area, or portion thereof; demolition
and removal of | 991 |
buildings and improvements; installation,
construction, or | 992 |
reconstruction of streets, utilities, parks,
playgrounds, and | 993 |
other improvements necessary for carrying out in
the county | 994 |
renewal area the county renewal objectives of sections
303.26 to | 995 |
303.56, inclusive, of the Revised Code in accordance
with the | 996 |
county renewal plan; disposition of any property
acquired in the | 997 |
county renewal area, including sale, initial
leasing, or retention | 998 |
by the county itself, at its fair value for
uses in accordance | 999 |
with the county renewal plan; carrying out
plans for a program of | 1000 |
voluntary or compulsory repair and
rehabilitation of buildings or | 1001 |
other improvements in accordance
with the county renewal plan; and | 1002 |
acquisition of any other real
property in the county renewal area | 1003 |
where necessary to eliminate
unhealthful, insanitary, or unsafe | 1004 |
conditions; lessen density,
eliminate obsolete, or other uses | 1005 |
detrimental to the public
welfare, or otherwise to remove or | 1006 |
prevent the spread of blight
or deterioration, or to provide land | 1007 |
for needed public
facilities. | 1008 |
(H) "County renewal plan" means a plan, as it exists from | 1013 |
time to time, for a county renewal project, which plan shall | 1014 |
conform to the general plan for the county, except as provided in | 1015 |
section 303.36 of the Revised Code, and shall be sufficiently | 1016 |
complete to indicate such land acquisition, demolition, and | 1017 |
removal of structures, redevelopment, improvements, and | 1018 |
rehabilitation as may be proposed to be carried out in the county | 1019 |
renewal area, zoning, and planning changes, if any, land uses, | 1020 |
maximum densities, building requirements, and the plan's | 1021 |
relationship to definite local objectives respecting appropriate | 1022 |
land uses, improved traffic, public transportation, public | 1023 |
utilities, recreational and community facilities, and other
public | 1024 |
improvements. | 1025 |
(J) "Real property" includes all lands, including | 1029 |
improvements and fixtures thereon, and property of any nature | 1030 |
appurtenant thereto, or used in connection therewith, and every | 1031 |
estate, interest, right, and use, legal or equitable, therein, | 1032 |
including terms for years and liens by way of judgment, mortgage, | 1033 |
or otherwise. | 1034 |
Sec. 719.012. In order to rehabilitate a building or | 1050 |
structure that a municipal corporation determines to be a threat | 1051 |
to the public health, safety, or welfare; that has been declared | 1052 |
to be a public nuisance under Chapter 3707., 3709., or 3781. of | 1053 |
the Revised Code; and that either has been found to be insecure, | 1054 |
unsafe, structurally defective, unhealthful, or unsanitary under | 1055 |
sections 715.26 to 715.30 of the Revised Code or violates a | 1056 |
building code or ordinance adopted under section 731.231blighted | 1057 |
property as defined in section 1.08 of the
Revised Code, a | 1058 |
municipal corporation may appropriate, in the
manner provided in | 1059 |
sections 163.01 to 163.22 of the Revised Code,
any such building | 1060 |
or structure and the real property of which it
is a part. The | 1061 |
municipal corporation shall rehabilitate the
building or structure | 1062 |
or cause it to be rehabilitated within two
years after the | 1063 |
appropriation, so that the building or structure
is no longer a | 1064 |
public nuisance, insecure, unsafe, structurally
defective, | 1065 |
unhealthful, or unsanitary, or a threat to the public
health, | 1066 |
safety, or welfare, or in violation of a building code or | 1067 |
ordinance adopted under section 731.231 of the Revised Code. Any | 1068 |
building or structure appropriated pursuant to this section which | 1069 |
is not rehabilitated within two years shall be demolished. | 1070 |
If during the rehabilitation process the municipal | 1071 |
corporation retains title to the building or structure and the | 1072 |
real property of which it is a part, then within one hundred | 1073 |
eighty days after the rehabilitation is complete, the municipal | 1074 |
corporation shall appraise the rehabilitated building or
structure | 1075 |
and the real property of which it is a part, and shall
sell the | 1076 |
building or structure and property at public auction.
The | 1077 |
municipal corporation shall advertise the public auction in a | 1078 |
newspaper of general circulation in the municipal corporation
once | 1079 |
a week for three consecutive weeks prior to the date of
sale. The | 1080 |
municipal corporation shall sell the building or
structure and | 1081 |
real property to the highest and best bidder. No
property that a | 1082 |
municipal corporation acquires pursuant to this
section shall be | 1083 |
leased. | 1084 |
(A) "Slum area" means an area within a municipal
corporation, | 1087 |
in which area there is a predominance of buildings
or | 1088 |
improvements, whether residential or nonresidential, which by | 1089 |
reason of dilapidation, deterioration, age or obsolescence, | 1090 |
inadequate provision for ventilation, light, air, sanitation, or | 1091 |
open spaces, high density of population and overcrowding, or the | 1092 |
existence of conditions which endanger life or property, by fire | 1093 |
and other causes, or any combination of such factors, is
conducive | 1094 |
to ill health, transmission of disease, infant
mortality, juvenile | 1095 |
delinquency, or crime, and is detrimental to
public health, | 1096 |
safety, morals, or welfarehas the meaning defined in section 1.08 | 1097 |
of the Revised Code. | 1098 |
(B) "Blighted area" means an area within a municipal | 1099 |
corporation, which area by reason of the presence of a
substantial | 1100 |
number of slums, deteriorated or deteriorating
structures, | 1101 |
predominance of defective or inadequate street
layout, faulty lot | 1102 |
layout in relation to size, adequacy,
accessibility, or | 1103 |
usefulness, unsanitary or unsafe conditions,
deterioration of site | 1104 |
or other improvements, diversity of
ownership, tax or special | 1105 |
assessment delinquency exceeding the
fair value of the land, | 1106 |
defective or unusual conditions to title,
or the existence of | 1107 |
conditions which endanger life or property by
fire and other | 1108 |
causes, or any combination of such factors,
substantially impairs | 1109 |
or arrests the sound growth of a municipal
corporation, retards | 1110 |
the provision of housing accommodations, or
constitutes an | 1111 |
economic or social liability and is a menace to
the public health, | 1112 |
safety, morals, or welfare in its present
condition and usehas | 1113 |
the meaning defined in section 1.08 of the Revised Code. | 1114 |
(c) An agreement of the owner or owners of the fee simple
of | 1128 |
the real property to which the development agreement pertains,
as | 1129 |
obligor, that the owner or owners and their successors and
assigns | 1130 |
shall use, develop, and redevelop the real property in
accordance | 1131 |
with, and for the period of, the urban renewal plan
and shall so | 1132 |
bind their successors and assigns by appropriate
agreements and | 1133 |
covenants running with the land enforceable by the
municipal | 1134 |
corporation. | 1135 |
(F) "Urban renewal bonds" means, unless the context
indicates | 1150 |
a different meaning, definitive bonds, interim
receipts, temporary | 1151 |
bonds, and urban renewal refunding bonds
issued pursuant to | 1152 |
sections 725.01 to 725.11 of the Revised Code,
and bonds issued | 1153 |
pursuant to Article XVIII, Section 3, Ohio
Constitution, for the | 1154 |
uses specified in section 725.07 of the
Revised Code. | 1155 |
(H) "Urban renewal plan" means a plan, as it exists from
time | 1158 |
to time, for an urban renewal project, which plan shall
conform to | 1159 |
the general plan for the municipal corporation, if
any, and shall | 1160 |
be sufficiently complete to indicate such land
acquisition, | 1161 |
demolition, and removal of structures,
redevelopment, | 1162 |
improvements, and rehabilitation as may be
proposed to be carried | 1163 |
out in the urban renewal area, zoning, and
planning changes, if | 1164 |
any, land uses, maximum densities, and
building requirements. | 1165 |
(I) "Urban renewal project" may include undertakings and | 1166 |
activities of a municipal corporation in an urban renewal area
for | 1167 |
the elimination and for the prevention of the development or | 1168 |
spread of slums and blight, and may involve slum clearance and | 1169 |
redevelopment in an urban renewal area, or rehabilitation or | 1170 |
conservation in an urban renewal area, or any combination or part | 1171 |
thereof, in accordance with an urban renewal plan, and such | 1172 |
aforesaid undertakings and activities may include acquisition of
a | 1173 |
slum area or a blighted area, or portion thereof, demolition
and | 1174 |
removal of buildings and improvements; installation,
construction, | 1175 |
or reconstruction of streets, utilities, parks,
playgrounds, | 1176 |
public buildings and facilities, and other
improvements necessary | 1177 |
for carrying out in the urban renewal area
the urban renewal | 1178 |
objectives in accordance with the urban renewal
plan, disposition | 1179 |
of any property acquired in the urban renewal
area, including | 1180 |
sale, leasing, or retention by the municipal
corporation itself, | 1181 |
at its fair value for uses in accordance with
the urban renewal | 1182 |
plan; carrying out plans for a program of
voluntary or compulsory | 1183 |
repair and rehabilitation of buildings or
other improvements in | 1184 |
accordance with the urban renewal plan; the
acquisition, | 1185 |
construction, enlargement, improvement, or equipment
of property, | 1186 |
structures, equipment, or facilities for industry,
commerce, | 1187 |
distribution, or research from the proceeds of urban
renewal bonds | 1188 |
issued pursuant to division (C) of section 725.05
of the Revised | 1189 |
Code; and acquisition of any other real property
in the urban | 1190 |
renewal area where necessary to eliminate
unhealthful, unsanitary, | 1191 |
or unsafe conditions, lessen density,
eliminate obsolete, or other | 1192 |
uses detrimental to the public
welfare, or otherwise to remove or | 1193 |
prevent the spread of blight
or deterioration, or to provide land | 1194 |
for needed public
facilities. | 1195 |
(J) "Urban renewal debt retirement fund" means a fund, | 1196 |
created pursuant to section 725.03 of the Revised Code by the | 1197 |
legislative authority of a municipal corporation when
authorizing | 1198 |
a single issue or a series of urban renewal bonds, to
be used for | 1199 |
payment of the principal of and interest and
redemption premium on | 1200 |
such urban renewal bonds, trustee's fees,
and costs and expenses | 1201 |
of providing credit facilities, put
arrangements, and interest | 1202 |
rate hedges, and for fees and expenses
of agents, and other fees, | 1203 |
costs, and expenses, in connection
with arrangements under | 1204 |
sections 9.98 to 9.983 of the Revised
Code; or when authorizing | 1205 |
the repayment of loans from the state issued
pursuant to Chapter | 1206 |
164. of the Revised Code and used for urban renewal
projects, to | 1207 |
be used to repay the principal and interest on such loans. When
so | 1208 |
authorized by the legislative authority of a municipal | 1209 |
corporation, such a
fund may be used for both purposes permitted | 1210 |
under this division. | 1211 |
(B) "Community urban redevelopment corporation" means a | 1225 |
corporation qualified under Chapter 1728. of the Revised Code, to | 1226 |
acquire, construct, operate, and maintain a project hereunder, or | 1227 |
to acquire, operate, and maintain a project constructed by a | 1228 |
corporation so qualified under Chapter 1728. of the Revised Code, | 1229 |
and the term "corporation" when used within Chapter 1728. of the | 1230 |
Revised Code, shall be understood to be a contraction of the term | 1231 |
"community urban redevelopment corporation" except when the | 1232 |
context indicates otherwise. | 1233 |
(b) Been certified by the director of the department of | 1247 |
development that a workable program for community improvement | 1248 |
(which shall include an official plan of action for effectively | 1249 |
dealing with the problem of urban slums and blight within the | 1250 |
community and for the establishment and preservation of a | 1251 |
well-planned community with well-organized residential | 1252 |
neighborhoods of decent homes and suitable living environment for | 1253 |
adequate family life) for utilizing appropriate private and
public | 1254 |
resources to eliminate, and to prevent the development or
spread | 1255 |
of, slums and urban blight, to encourage needed urban | 1256 |
rehabilitation, to provide for the redevelopment of blighted, | 1257 |
deteriorated, or slum areas, to undertake such activities or
other | 1258 |
feasible community activities as may be suitably employed
to | 1259 |
achieve the objectives of such a program has been adopted. A | 1260 |
determination by the United States that the impacted city's | 1261 |
workable program meets the federal workable program requirements | 1262 |
shall be sufficient for the director's certification. | 1263 |
(2) Been declared a major disaster area, or part of a
major | 1264 |
disaster area, pursuant to the "Disaster Relief Act of
1970," 84 | 1265 |
Stat. 1744, 42 U.S.C.A. 4401, as now or hereafter
amended, and has | 1266 |
been extensively damaged or destroyed by a major
disaster, | 1267 |
provided that impacted city status obtained pursuant to
division | 1268 |
(C) (2) of this section lasts for only a limited period
from the | 1269 |
date of the declaration, as determined by the rules
promulgated | 1270 |
pursuant to division (G) of section 122.06 of the
Revised Code, | 1271 |
but in the event that an impacted city, while
qualified under such | 1272 |
division, enters into a financial agreement
with a community urban | 1273 |
redevelopment corporation pursuant to
section 1728.07 of the | 1274 |
Revised Code, a loss of certification
under such rules shall not | 1275 |
affect that agreement or the project
to which it relates. | 1276 |
(D) "Community development plan" means a plan, as it
exists | 1277 |
from time to time, for the redevelopment and renewal of a
blighted | 1278 |
area, which plan shall conform to the general plan for
the | 1279 |
municipality, and shall be sufficiently complete to indicate
such | 1280 |
land acquisition, demolition, and removal of structures, | 1281 |
redevelopment, improvements, and rehabilitation as may be
proposed | 1282 |
to be carried out in such blighted area, zoning, and any
planning | 1283 |
changes, land uses, maximum densities, and building
requirements. | 1284 |
(E) "Blighted area" means an area within a municipality | 1285 |
containing a majority of structures that have been extensively | 1286 |
damaged or destroyed by a major disaster, or that, by reason of | 1287 |
dilapidation, deterioration, age or obsolescence, inadequate | 1288 |
provision for ventilation, light, air, sanitation, or open
spaces, | 1289 |
unsafe and unsanitary conditions or the existence of
conditions | 1290 |
which endanger lives or properties by fire or other
hazards and | 1291 |
causes, or that, by reason of location in an area
with inadequate | 1292 |
street layout, incompatible land uses or land use
relationships, | 1293 |
overcrowding of buildings on the land, excessive
dwelling unit | 1294 |
density, or other identified hazards to health and
safety, are | 1295 |
conducive to ill health, transmission of disease,
juvenile | 1296 |
delinquency and crime and are detrimental to the public
health, | 1297 |
safety, morals and general welfarehas the meaning defined in | 1298 |
section 1.08 of the Revised Code. | 1299 |
(1) As to blighted areas within all municipal
corporations, | 1301 |
the undertaking and execution of the redevelopment
of a blighted | 1302 |
area by a community urban redevelopment
corporation, in whole or | 1303 |
in part, pursuant to a community
development plan approved by the | 1304 |
governing body of the municipal
corporation in which such blighted | 1305 |
area is situated and in
accordance with an agreement for the sale | 1306 |
or lease of all or a
portion of the land concerned in such | 1307 |
redevelopment to the
corporation by a municipal corporation, or | 1308 |
agency, or authority
including the work to be done in reference | 1309 |
thereto, the
designation of the particular proposed buildings to | 1310 |
be
constructed and their uses and purposes, the landscaping of the | 1311 |
premises, the streets and access roads, recreational facilities, | 1312 |
if any, the furnishing of the public utilities, the financial | 1313 |
arrangements, and the terms and conditions of the proposed | 1314 |
municipal corporation and approval; and | 1315 |
(2) In addition as to blighted areas within impacted
cities, | 1316 |
the undertaking and activities of a community urban
redevelopment | 1317 |
corporation in a blighted area for the elimination
and for the | 1318 |
prevention of the development or spread of blight
pursuant to a | 1319 |
community development plan approved by the
governing body of the | 1320 |
impacted city and to the extent agreed to
by the governing body of | 1321 |
the impacted city in the financial
agreement provided for in | 1322 |
section 1728.07 of the Revised Code and
may involve clearance and | 1323 |
redevelopment, or rehabilitation or
conservation or any | 1324 |
combination or part thereof, in accordance
with such community | 1325 |
development plan, and such aforesaid
undertakings and activities | 1326 |
may include acquisition of a blighted
area or portion by purchase | 1327 |
or otherwise, and demolition and
removal of buildings and | 1328 |
improvements. | 1329 |
(H) "Annual gross revenue" means the total annual gross | 1365 |
rental and other income of a community urban redevelopment | 1366 |
corporation from the project. If in any leasing, any real estate | 1367 |
taxes or assessments on property included in the project, any | 1368 |
premiums for fire or other insurance on or concerning property | 1369 |
included in the project, or any operating or maintenance expenses | 1370 |
ordinarily paid by a landlord are to be paid by the tenant, such | 1371 |
payments shall be computed and deemed to be part of the rent and | 1372 |
shall be included in the annual gross revenue. The financial | 1373 |
agreement provided for in section 1728.07 of the Revised Code | 1374 |
shall establish the method of computing such additional revenue, | 1375 |
and may establish a method of arbitration where either the | 1376 |
landlord or the tenant disputes the amount of such payments so | 1377 |
included in the annual gross revenue. | 1378 |
(3) "Provisional remedy" means a proceeding ancillary to an | 1389 |
action,
including, but not limited to, a proceeding for a | 1390 |
preliminary injunction,
attachment, discovery of privileged | 1391 |
matter,
suppression of evidence, a prima-facie showing pursuant | 1392 |
to section 2307.85 or 2307.86 of the Revised Code, a prima-facie | 1393 |
showing pursuant to section 2307.92 of the Revised Code, or a | 1394 |
finding made pursuant to division (A)(3) of section 2307.93 of the | 1395 |
Revised Code. | 1396 |
(6) An order determining the constitutionality of any changes | 1418 |
to the Revised Code made by Am. Sub. S.B. 281 of the 124th general | 1419 |
assembly, including the amendment of sections 1751.67, 2117.06, | 1420 |
2305.11, 2305.15, 2305.234, 2317.02, 2317.54, 2323.56, 2711.21, | 1421 |
2711.22, 2711.23, 2711.24, 2743.02, 2743.43, 2919.16, 3923.63, | 1422 |
3923.64, 4705.15, and 5111.018, and the enactment of sections | 1423 |
2305.113, 2323.41, 2323.43, and 2323.55 of the Revised Code or any | 1424 |
changes made by Sub. S.B. 80 of the 125th general assembly, | 1425 |
including the amendment of sections 2125.02, 2305.10, 2305.131, | 1426 |
2315.18, 2315.19, and 2315.21 of the Revised Code; | 1427 |
(B) "Slum area" means any area where dwellings predominate | 1445 |
which, by reason of dilapidation, overcrowding, faulty
arrangement | 1446 |
or design, lack of ventilation, light, or sanitary
facilities, or | 1447 |
any combination of these factors, are detrimental
to safety, | 1448 |
health, or moralshas the meaning defined in section 1.08 of the | 1449 |
Revised Code. | 1450 |
(2) Provide decent, safe, and sanitary urban or rural | 1457 |
dwellings, apartments, or other living accommodations for persons | 1458 |
of low income. Such work or undertaking may include buildings, | 1459 |
land, equipment, facilities, and other real or personal property | 1460 |
for necessary, convenient, or desirable appurtenances, streets, | 1461 |
sewers, water service, parks, site preparation, gardening, | 1462 |
administrative, community, health, recreational, educational, | 1463 |
welfare, or other purposes. | 1464 |
Section 2. That existing sections 163.01, 163.02, 163.04, | 1485 |
163.05, 163.06, 163.09, 163.12, 163.14, 163.15, 163.19, 163.21, | 1486 |
163.53,
163.62, 303.26, 719.012, 725.01, 1728.01, 2505.02, and | 1487 |
3735.40 of
the Revised Code are hereby repealed. | 1488 |
Section 3. The General Assembly finds that in order to | 1489 |
adequately protect property rights and ensure that vital public | 1490 |
improvements are completed in a timely manner, it is necessary to | 1491 |
provide for prompt appeals from adverse judgments in appropriation | 1492 |
actions. As a result, the General Assembly encourages the Supreme | 1493 |
Court of Ohio to exercise its constitutional authority under | 1494 |
Section 5 of Article IV, Ohio Constitution, to adopt a procedural | 1495 |
rule requiring expedited appeals in appropriation actions. | 1496 |
Section 6. Section 2505.02 of the Revised Code is presented | 1511 |
in
this act as a composite of the section as amended by both Am. | 1512 |
Sub. H.B. 516 and Am. Sub. S.B. 80 of
the 125th General Assembly. | 1513 |
The General Assembly, applying the
principle stated in division | 1514 |
(B) of section 1.52 of the Revised
Code that amendments are to be | 1515 |
harmonized if reasonably capable of
simultaneous operation, finds | 1516 |
that the composite is the resulting
version of the section in | 1517 |
effect prior to the effective date of
the section as presented in | 1518 |
this act. | 1519 |