As Reported by the House Judiciary Committee

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


Senator Grendell 

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

Representatives Blessing, Wagoner, Coley, Bacon, Seitz, Batchelder 

A BILL
To amend sections 163.01, 163.02, 163.04, 163.05, 1
163.06, 163.09, 163.12, 163.14, 163.15, 163.19, 2
163.21, 163.53, 163.62, 303.26, 719.012, 725.01, 3
1728.01, 2505.02, and 3735.40 and to enact 4
sections 1.08, 163.021, 163.041, 163.051, 5
163.211, and 163.63 of the Revised Code to 6
implement the recommendations of the Eminent 7
Domain Task Force and to create other procedures 8
to protect the rights of property owners.9


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

       Section 1. That sections 163.01, 163.02, 163.04, 163.05, 10
163.06, 163.09, 163.12, 163.14, 163.15, 163.19, 163.21, 163.53, 11
163.62, 303.26, 719.012, 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

       Sec. 1.08. As used in the Revised Code:15

       (A) "Blighted area" and "slum" mean an area in which at least 16
seventy per cent of the parcels are blighted parcels and those 17
blighted parcels substantially impair or arrest the sound growth 18
of the state or a political subdivision of the state, retard the 19
provision of housing accommodations, constitute an economic or 20
social liability, or are a menace to the public health, safety, 21
morals, or welfare in their present condition and use.22

       (B) "Blighted parcel" means either of the following:23

       (1) A parcel that has one or more of the following 24
conditions:25

       (a) A structure that is dilapidated, unsanitary, unsafe, or 26
vermin infested and that because of its condition has been 27
designated by an agency that is responsible for the enforcement of 28
housing, building, or fire codes as unfit for human habitation or 29
use;30

       (b) The property poses a direct threat to public health or 31
safety in its present condition by reason of environmentally 32
hazardous conditions, solid waste pollution, or contamination;33

       (c) Tax or special assessment delinquencies exceeding the 34
fair value of the land that remain unpaid thirty-five days after 35
notice to pay has been mailed.36

       (2) A parcel that has two or more of the following 37
conditions that, collectively considered, adversely affect 38
surrounding or community property values or entail land use 39
relationships that cannot reasonably be corrected through existing 40
zoning codes or other land use regulations:41

       (a) Dilapidation and deterioration;42

       (b) Age and obsolescence;43

       (c) Inadequate provision for ventilation, light, air, 44
sanitation, or open spaces;45

       (d) Unsafe and unsanitary conditions;46

       (e) Hazards that endanger lives or properties by fire or 47
other causes;48

       (f) Noncompliance with building, housing, or other codes;49

       (g) Nonworking or disconnected utilities;50

       (h) Is vacant or contains an abandoned structure;51

       (i) Excessive dwelling unit density;52

       (j) Is located in an area of defective or inadequate street 53
layout;54

       (k) Overcrowding of buildings on the land;55

       (l) Faulty lot layout in relation to size, adequacy, 56
accessibility, or usefulness;57

       (m) Vermin infestation;58

       (n) Extensive damage or destruction caused by a major 59
disaster when the damage has not been remediated within a 60
reasonable time;61

       (o) Identified hazards to health and safety that are 62
conducive to ill health, transmission of disease, juvenile 63
delinquency, or crime;64

       (p) Ownership or multiple ownership of a single parcel when 65
the owner, or a majority of the owners of a parcel in the case of 66
multiple ownership, cannot be located.67

        (C) When determining whether a property is a blighted parcel 68
or whether an area is a blighted area or slum for the purposes of 69
this section, no person shall consider whether there is a 70
comparatively better use for any premises, property, structure, 71
area, or portion of an area, or whether the property could 72
generate more tax revenues if put to another use.73

        (D)(1) Notwithstanding any other provision of this section, 74
absent any environmental or public health hazard that cannot be 75
corrected under its current use or ownership, a property is not a 76
blighted parcel because of any condition listed in division (B) of 77
this section if the condition is consistent with conditions that 78
are normally incident to generally accepted agricultural practices 79
and the land is used for agricultural purposes as defined in 80
section 303.01 or 519.01 of the Revised Code, or the county 81
auditor of the county in which the land is located has determined 82
under section 5713.31 of the Revised Code that the land is "land 83
devoted exclusively to agricultural use" as defined in section 84
5713.30 of the Revised Code.85

       (2) A property that under division (D)(1) of this section is 86
not a blighted parcel shall not be included in a blighted area or 87
slum.88

       Sec. 163.01.  As used in sections 163.01 to 163.22 of the89
Revised Code:90

       (A) "Public agency" means any governmental corporation, unit, 91
organization, instrumentality, or officer authorized by law to 92
appropriate property in the courts of this state. "Private93

       (B) "Private agency" means any other corporation, firm, 94
partnership, voluntary association, joint-stock association, or 95
company that is not a public agency and that is authorized by law 96
to appropriate property in the courts of this state. "Agency"97
includes98

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

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

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

       (D)(F) "Real property," "land," or "property" includes any106
estate, title, or interest in any real property whichthat is107
authorized to be appropriated by the agency in question, unless108
the context otherwise requires.109

       (G) "Public utility" has the same meaning as in section 110
4905.02 of the Revised Code and also includes a public utility 111
owned or operated by one or more municipal corporations, an 112
electric cooperative, and an agency holding a certificate of 113
public convenience and necessity granted by the federal energy 114
regulatory commission.115

       (H)(1) "Public use" does not include any taking that is for 116
conveyance to a private commercial enterprise, economic 117
development, or solely for the purpose of increasing public 118
revenue, unless the property is conveyed or leased to one of the 119
following:120

        (a) A public utility, municipal power agency, or common 121
carrier;122

        (b) A private entity that occupies a port authority 123
transportation facility or an incidental area within a publicly 124
owned and occupied project;125

        (c) A private entity when the agency that takes the property 126
establishes by a preponderance of the evidence that the property 127
is a blighted parcel or is included in a blighted area.128

       (2) All of the following are presumed to be public uses: 129
utility facilities, roads, sewers, water lines, public schools, 130
public institutions of higher education, private institutions of 131
higher education that are authorized to appropriate property under 132
section 3333.08 of the Revised Code, public parks, government 133
buildings, port authority transportation facilities, projects by 134
an agency that is a public utility, and similar facilities and 135
uses of land.136

       (I) "Electric cooperative" has the same meaning as in section 137
4928.01 of the Revised Code.138

       (J) "Good faith offer" means the written offer that an agency 139
that is appropriating property must make to the owner of the 140
property pursuant to division (B) of section 163.04 of the Revised 141
Code before commencing an appropriation proceeding.142

       (K) "Goodwill" means the calculable benefits that accrue to a 143
business as a result of its location, reputation for 144
dependability, skill or quality, and any other circumstances that 145
result in probable retention of old, or acquisition of new, 146
patronage.147

       (L) "Municipal power agency" has the same meaning as in 148
section 3734.058 of the Revised Code.149

       (M) "Port authority transportation facility" means any 150
facility developed, controlled, or operated by a port authority 151
for the purpose of providing passenger, cargo, or freight 152
transportation services, such as airports, maritime ports, rail 153
facilities, transit facilities, and support facilities directly 154
related to any airport, maritime port, rail facility, or transit 155
facility.156

       Sec. 163.02.  (A) Except as provided in divisions (B), (C), 157
(D), and (F) of this section, allAll appropriations of real 158
property shall be made pursuant to sections 163.01 to 163.22 of 159
the Revised Code, except as otherwise provided in this section, 160
as otherwise provided to abate a health nuisance or because of a 161
public exigency as provided in division (B) of section 307.08, 162
6101.181, 6115.221, 6117.39, or 6119.11 or division (D) of 163
section 504.19 of the Revised Code, or as otherwise provided to 164
abate a health nuisance or because of a public exigency as 165
provided in a municipal charter or ordinance.166

       (B) Subject to division (E) of this section, theThe director167
of transportation may appropriate real property pursuant to168
sections 163.01 to 163.22 of the Revised Code or as otherwise169
provided by law.170

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

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

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

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

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

       (1) The name of the agency of the state that has the use and 192
benefit of the real property as specified in the manner required 193
by section 5301.012 of the Revised Code;194

       (2) A statement of the purpose of the appropriation as 195
provided with the appropriation petition;196

       (3) A statement that the prior owner possesses a right of 197
repurchase pursuant to section 163.211 of the Revised Code if the 198
agency decides not to use the property for the purpose stated in 199
the appropriation petition and the owner provides timely notice of 200
a desire to repurchase. Nothing in this section affects the 201
authority of the director of transportation to convey unneeded 202
property pursuant to division (F) of section 5501.34 of the 203
Revised Code.204

       (E) Nothing in this chapter precludes any person from 205
voluntarily conveying a property to an agency that is considering 206
appropriating the property or that offers to purchase the property 207
under threat of appropriation. Any such voluntary conveyance of a 208
property to an agency is deemed for all purposes to be a sale 209
under the threat of appropriation for a public use. This division 210
applies to a voluntary conveyance to an agency regardless of 211
whether the property is a blighted property or is located in a 212
blighted area, or the property subsequently could be found for any 213
reason not to qualify for appropriation by the agency.214

       Sec. 163.021. (A) No agency shall appropriate real property 215
except as necessary and for a public use. In any appropriation, 216
the taking agency shall show by a preponderance of the evidence 217
that the taking is necessary and for a public use.218

       (B) Before an agency appropriates property based on a finding 219
that the area is a blighted area or a slum, the agency shall do 220
both of the following:221

        (1) Adopt a comprehensive development plan that describes the 222
public need for the property. The plan shall include at least one 223
study documenting the public need. All of the costs of developing 224
the plan shall be publicly financed.225

        (2) If the agency is governed by a legislative body, obtain a 226
resolution from that legislative body affirming the public need 227
for the property.228

        (C) No park board, park district, board of directors of a 229
conservancy district, incorporated association with a purpose of 230
establishing or preserving public parks and memorial sites, or 231
similar park authority shall exercise any power of eminent domain 232
to appropriate real property outside the county or counties in 233
which the park authority is located unless the appropriation has 234
the written approval of the legislative authority of each county 235
in which the property is located, other than the county or 236
counties in which the park authority is located.237

       (D) No agency shall appropriate property based on a finding 238
that the parcel is a blighted parcel or that the area is a 239
blighted area or slum by making that finding in, or in conjunction 240
with, an emergency ordinance or resolution.241

       (E) If an appropriation is by a public agency that is not 242
elected and an owner has provided the public agency with a written 243
objection to the appropriation, the elected officials of the 244
public agency or elected individual that appointed the unelected 245
agency may veto that appropriation. If the unelected public 246
agency was appointed by more than one public agency or elected 247
individual, a majority vote of the elected officials of the 248
appointing public agencies or elected individuals is required to 249
veto the appropriation. If the public agency that is not elected 250
is a state agency or instrumentality such as a university, the 251
governor has the veto authority. The governor may delegate that 252
authority but may not delegate that authority to the unelected 253
agency that seeks the appropriation.254

       Sec. 163.04. Appropriations shall be made(A) At least 255
thirty days before filing a petition pursuant to section 163.05 of 256
the Revised Code, an agency shall provide notice to the owner of 257
the agency's intent to acquire the property. The notice shall be 258
substantially in the form set forth in section 163.041 of the 259
Revised Code. The notice shall be delivered personally on, or by 260
certified mail to, the owner of the property or the owner's 261
designated representative.262

       (B) Together with the notice that division (A) of this 263
section requires, or after providing that notice but not less than 264
thirty days before filing a petition pursuant to section 163.05 of 265
the Revised Code, an agency shall provide an owner with a written 266
good faith offer to purchase the property. The agency may revise 267
that offer if before commencing an appropriation proceeding the 268
agency becomes aware of conditions indigenous to the property that 269
could not reasonably have been discovered at the time of the 270
initial good faith offer or if the agency and the owner exchange 271
appraisals prior to the filing of the petition.272

       (C) An agency may appropriate real property only after the 273
agency obtains an appraisal of the property and provides a copy 274
of the appraisal to the owner or, if more than one, each owner 275
or to the guardian or trustee of each owner. The agency need not 276
provide an owner with a copy of the appraisal when that owner is 277
incapable of contracting in person or by agent to convey the 278
property and has no guardian or trustee or is unknown, or the 279
residence of the owner cannot with reasonable diligence be 280
ascertained. When the appraisal indicates that the property is 281
worth less than ten thousand dollars, the agency need only 282
provide an owner, guardian, or trustee with a summary of the 283
appraisal. The agency shall provide the copy or summary of the 284
appraisal to an owner, guardian, or trustee at or before the time 285
the agency makes its first offer to purchase the property. A 286
public utility or the head of a public agency may prescribe a 287
procedure to waive the appraisal in cases involving the 288
acquisition by sale or donation of property with a fair market 289
value of ten thousand dollars or less.290

       (D) An agency may appropriate real property only after the 291
agency is unable to agree on a conveyance or the terms of a 292
conveyance, for any reason, with theany owner, or if more than 293
one, any owner, or histhe guardian or trustee, or whenof any 294
owner unless each owner is incapable of contracting in person or 295
by agent to convey the property and has no guardian or trustee, or296
each owner is unknown, or is not a resident of this state, or his297
the residence of each owner is unknown to the agency and cannot298
the residence of no owner can with reasonable diligence be 299
ascertained.300

       (E) An agency may appropriate real property for projects that 301
will disrupt the flow of traffic or impede access to property only 302
after the agency makes reasonable efforts to plan the project in a 303
way that will limit those effects. This division does not apply to 304
an agency if it initiated the project for which it appropriates 305
the property under Title LV of the Revised Code.306

       Sec. 163.041.  Before initiating an appropriation action, an 307
agency shall provide notice to each property owner as required by 308
division (A) of section 163.04 of the Revised Code. The notice 309
shall be substantially in the following form:310

NOTICE OF INTENT TO ACQUIRE
311

TO: .................... (owner(s))       DATE: .............312

.......... (agency) needs your property for a .......... 313
(description of the project) and will need to acquire the 314
following from you:315

.................... (general description of the property or 316
easement to be acquired).317

Ohio law authorizes .......... (agency) to obtain your property or 318
an easement across your property for certain public purposes. The 319
legal description of your property that .......... (agency) needs 320
is: (is attached:)321

       We will be presenting you with a written offer based on our 322
determination of the fair market value of your property. You will 323
have ...... days (minimum of ten) from the time you receive that 324
offer to accept or reject the offer. We will be willing to 325
discuss the offer with you during that time. You are not required 326
to accept that offer. If you reject the offer or we are unable to 327
come to an agreement, we may have to exercise our eminent domain 328
authority to appropriate your property, which requires a court 329
procedure. In a court proceeding, you may disagree with any of 330
the following: whether the project is necessary (except in quick 331
takes), whether the project is a public use (except in quick 332
takes), whether your property is blighted (if applicable), and 333
whether our offer reflects the fair market value of the property.334

       HERE IS A BRIEF SUMMARY OF YOUR OPTIONS AND LEGALLY PROTECTED 335
RIGHTS:336

       1. By law, .......... (agency) is required to make a good 337
faith effort to purchase (your property) (an easement across your 338
property).339

       2. You do not have to accept this offer and .......... 340
(agency) is not required to agree to your demands.341

       3. If you do not accept this offer, and we cannot come to an 342
agreement on the acquisition of (your property)(an easement), 343
.......... (agency) has the right to file suit to acquire the 344
(property)(easement) by eminent domain in the county in which the 345
property is located.346

       4. You have the right to seek the advice of an attorney, real 347
estate appraiser, or any other person of your choice in this 348
matter.349

       5. (this paragraph does not apply to private agencies or to 350
municipally owned public utilities) You have a right to appeal 351
this decision and may object to this project's public purpose, 352
necessity, designation of blight (if applicable), or valuation by 353
writing, within ten business days of receiving this notice, to:354

       .................... (name(s) and address(es) of the taking 355
agency, as well as to the elected official(s) who appointed the 356
taking agency if the taking agency is not elected).357

       (The elected official)(A majority of the elected officials) 358
that appointed .......... (unelected agency) has/have the 359
discretion to veto this project, and if they do so, it will not 360
proceed. (This applies only if the taking agency is a public 361
agency composed of officials who were not elected.)362

       6. We are required by law to provide you with a written offer 363
and the appraisal or summary appraisal on which we base that 364
offer (public agencies and public utilities may delete this phrase 365
for properties valued at less than $10,000 if they have adopted 366
alternate procedures).367

       After a trial, a jury will decide the amount you are to be 368
awarded for your property that is taken, for the damage that is 369
caused by the taking, if applicable, and for other damages 370
permitted by law, which could either exceed or be less than our 371
offer. During the court proceeding, you have the right to testify 372
as to the value of your property, and you and the agency are 373
entitled to present evidence of the fair market value of the 374
property (easement).375

       You may employ, at your own expense, appraisers and attorneys 376
to represent you at this time or at any time during the 377
proceedings described in this notice.378

       If we go to court to determine the amount we pay for your 379
property and the jury awards you an amount that is significantly 380
in excess of a good faith offer, revised offer, or offer made 381
after an exchange of appraisals, as provided by law, you may be 382
entitled to recover attorney's fees, costs, and expenses, subject 383
to certain statutory limits.384

       If we go to court to determine whether the project is 385
necessary or for a public use, and the court decides that it is 386
not necessary or not for a public use, the judge shall award you 387
your full amount of attorney's fees, costs, and expenses.388

       You also have the right to request that the issue of the 389
value of your property be submitted to nonbinding mediation. You 390
must submit your written request for mediation within ten business 391
days after you file an answer to the agency's petition for an 392
appropriation proceeding. If a settlement is not reached at 393
mediation, the matter will proceed to a jury valuation trial.394

       If you have any questions concerning this matter, you may 395
contact us at:396

.................... (full name, mailing, and street address, and 397
phone of the agency)398

.................... (signature of contact person)399

.................... (printed name and title of contact person)400

Agent of .................... (if different than agency)401

       Sec. 163.05.  An agency whichthat has met the requirements 402
of sectionsections 163.04 and 163.041 of the Revised Code, may 403
commence proceedings in a proper court by filing a petition for 404
appropriation of each parcel or contiguous parcels in a single 405
common ownership, or interest or right therein. The petition of a 406
private agency shall be verified as in a civil action and all. 407
All petitions shall contain:408

       (A) A description of each parcel of land or interest or right 409
therein sought to be appropriated, such as will permit ready 410
identification of the land involved;411

       (B) In the case of a private agency, a(1) A statement that 412
suchthe appropriation is necessary, for a public use, and, in the 413
case of a public agency, a copy of the resolution of the public 414
agency to appropriate;415

       (2) If the property being appropriated is a blighted parcel 416
that is being appropriated pursuant to a redevelopment plan, a 417
statement that shows the basis for the finding of blight and that 418
supports that the parcel is part of a blighted area pursuant to 419
the definition in section 1.08 of the Revised Code.420

       (C) A statement of the purpose of the appropriation;421

       (D) A statement of the estate or interest sought to be422
appropriated;423

       (E) The names and addresses of the owners, so far as they can 424
be ascertained;425

       (F) A statement showing requirements of section 163.04 of the 426
Revised Code have been met;427

       (G) A prayer for the appropriation;.428

       (H) In the event of an appropriation where the agency would 429
require less than the whole of any parcel containing a residence 430
structure and the required portion would remove a garage and 431
sufficient land that a replacement garage could not be lawfully or 432
practically attached, the appropriation shall be for the whole 433
parcel and all structures unless, at the discretion of the owner, 434
the owner waives this requirement, in which case the agency shall 435
appropriate only the portion that the agency requires as well as 436
the entirety of any structure that is in whole or in part on the 437
required portion.438

       In the event of the appropriation of less than the fee of any 439
parcel or of a fee in less than the whole of any parcel of440
property, the agency shall either make available to the owner or441
shall file in the office of the county engineer, a description of442
the nature of the improvement or use which requires the443
appropriation, including any specifications, elevations, and grade 444
changes already determined at the time of the filing of the445
petition, in sufficient detail to permit a determination of the446
nature, extent, and effect of the taking and improvement. A set of 447
highway construction plans shall be acceptable in providing such 448
description for the purposes of the preceding sentence in the 449
appropriation of land for highway purposes.450

       Sec. 163.051.  Either an owner of property or an agency may 451
request that the issue of the value of the property be submitted 452
to nonbinding mediation. Any request for mediation shall be made 453
in writing within ten business days after the owner files an 454
answer pursuant to section 163.08 of the Revised Code. The court 455
shall appoint a mediator, and the mediation shall be conducted and 456
concluded within fifty days after the owner filed an answer. Only 457
a judge may extend the time for concluding the mediation, and the 458
judge may do so only for the reason of an inability to obtain an 459
appraisal. The agency shall pay the cost of mediation.460

       Sec. 163.06.  (A) A public agency, other than an agency461
appropriating property for the purposes described in division (B)462
of this section, whichthat qualifies pursuant to Section 19 of463
Article I, Ohio Constitution, may deposit with the court at the464
time of filing the petition the value of such property465
appropriated together with the damages, if any, to the residue, as 466
determined by the public agency, and thereupon take possession of 467
and enter upon the property appropriated. The right of possession 468
upon deposit as provided in this division shall not extend to 469
structures.470

       (B) A public agency appropriating property for the purpose of 471
making or repairing roads which shall be open to the public,472
without charge, or for the purpose of implementing rail service 473
under Chapter 4981. of the Revised Code, may deposit with the 474
court at the time of filing the petition the value of such 475
property appropriated together with the damages, if any, to the 476
residue, as determined by the public agency, and stated in an 477
attached declaration of intention to obtain possession and 478
thereupon take possession of and enter upon the property 479
appropriated, including structures situated upon the land 480
appropriated for such purpose or situated partly upon the land 481
appropriated therefor and partly upon adjoining land, so that such 482
structures cannot be divided upon the line between such lands 483
without manifest injury thereto. The jury, in assessing484
compensation to any owner of land appropriated under this division 485
shall assess the value thereof in accordance with section 163.14 486
of the Revised Code. The owner or occupant of such structures 487
shall vacate the same within sixty days after service of summons 488
as required under section 163.07 of the Revised Code, at no cost 489
to the appropriating agency, after which time the agency may 490
remove said structures. In the event such structures are to be 491
removed before the jury has fixed the value of the same, the 492
court, upon motion of the agency, shall:493

       (1) Order appraisals to be made by three persons, one to be 494
named by the owner, one by the county auditor, and one by the495
agency. Such appraisals may be used as evidence by the owner or496
the agency in the trial of said case but shall not be binding on497
said owner, agency, or the jury, and the expense of said498
appraisals shall be approved by the court and charged as costs in499
said case.500

       (2) Cause pictures to be taken of all sides of said501
structures;502

       (3) Compile a complete description of said structures, which 503
shall be preserved as evidence in said case to which the owner or 504
occupants shall have access.505

       (C) Any time after the deposit is made by the public agency 506
under division (A) or (B) of this section, the owner may apply to 507
the court to withdraw the deposit, and such withdrawal shall in no 508
way interfere with the action except that the sum so withdrawn 509
shall be deducted from the sum of the final verdict or award. Upon 510
such application being made the court shall direct that the sum be 511
paid to such owner subject to the rights of other parties in 512
interest provided such parties make timely application as provided 513
in section 163.18 of the Revised Code. Interest shall not accrue 514
on any sums withdrawable as provided in this division.515

       Sec. 163.09.  (A) If no answer is filed pursuant to section 516
163.08 of the Revised Code, and no approval ordered by the court 517
to a settlement of the rights of all necessary parties, the court, 518
on motion of a public agency, shall declare the value of the 519
property taken and the damages, if any, to the residue to be as 520
set forth in any document properly filed with the clerk of the 521
court of common pleas by the public agency. In all other cases, 522
the court shall fix a time, within twenty days from the last date 523
that the answer could have been filed, for the assessment of 524
compensation by a jury.525

       (B)(1) When an answer is filed pursuant to section 163.08 of526
the Revised Code and any of the matters relating to the right to527
make the appropriation, the inability of the parties to agree, or528
the necessity for the appropriation are specifically denied in the 529
manner provided in that section, the court shall set a day, not 530
less than five or more than fifteen days from the date the answer 531
was filed, to hear those matters. Upon those matters, the burden 532
of proof is upon the owner. Aagency by a preponderance of the 533
evidence except as follows:534

       (a) A resolution or ordinance of the governing or controlling 535
body, council, or board of the agency declaring the necessity for 536
the appropriation shall be prima-facie evidencecreates a 537
rebuttable presumption of thatthe necessity in the absence of 538
proof showing an abuse of discretion by the agency in determining 539
that necessityfor the appropriation if the agency is not 540
appropriating the property because it is a blighted parcel or part 541
of a blighted area or slum.542

       (b) The presentation by a public utility or common carrier of 543
evidence of the necessity for the appropriation creates a 544
rebuttable presumption of the necessity for the appropriation.545

       (c) Approval by a state or federal regulatory authority of an 546
appropriation by a public utility or common carrier creates an 547
irrebuttable presumption of the necessity for the appropriation.548

       (2) Subject to the irrebuttable presumption in division 549
(B)(1)(c) of this section, only the judge may determine the 550
necessity of the appropriation. If, as to any or all of the 551
property or other interests sought to be appropriated, the court 552
determines the matters in favor of the agency, the court shall set 553
a time for the assessment of compensation by the jury within 554
twentynot less than sixty days from the date of the 555
journalization of that determination, subject to the right of the 556
parties to request mediation under section 163.051 of the Revised 557
Code and the right of the owner to an immediate appeal under 558
division (B)(3) of this section. AnExcept as provided in 559
division (B)(3) of this section, an order of the court in favor 560
of the agency on any of the matters or on qualification under 561
section 163.06 of the Revised Code shall not be a final order for 562
purposes of appeal. An order of the court against the agency on 563
any of the matters or on the question of qualification under 564
section 163.06 of the Revised Code shall be a final order for 565
purposes of appeal. If a public agency has taken possession prior 566
to such an order and such an order, after any appeal, is against 567
the agency on any of the matters, the agency shall restore the 568
property to the owner in its original condition or respond in 569
damages, which may include the items set forth in division (A)(2) 570
of section 163.21 of the Revised Code, recoverable by civil 571
action, to which the state consents.572

       (3) An owner has a right to an immediate appeal if the order 573
of the court is in favor of the agency in any of the matters the 574
owner denied in the answer, unless the agency is appropriating 575
property in time of war or other public exigency imperatively 576
requiring its immediate seizure, for the purpose of making or 577
repairing roads which shall be open to the public without charge, 578
for the purpose of implementing rail service under Chapter 4981. 579
of the Revised Code, or under section 307.08, 504.19, 6101.181, 580
6115.221, 6117.39, or 6119.11 of the Revised Code or by a public 581
utility owned and operated by a municipal corporation as the 582
result of a public exigency.583

       (C) When an answer is filed pursuant to section 163.08 of the 584
Revised Code, and none of the matters set forth in division (B) of 585
this section is specifically denied, the court shall fix a time 586
within twenty days from the date the answer was filed for the 587
assessment of compensation by a jury.588

       (D) If answers are filed pursuant to divisions (B) and (C) of 589
this section, or an answer is filed on behalf of fewer than all 590
the named owners, the court shall set the hearing or hearings at 591
such times as are reasonable under all the circumstances, but in 592
no event later than twenty days after the issues are joined as to 593
all necessary parties or twenty days after rule therefor,594
whichever is earlier.595

       (E) The court, with the consent of the parties, may order two 596
or more cases to be consolidated and tried together, but the597
rights of each owner to compensation, damages, or both shall be598
separately determined by the jury in its verdict.599

       (F) If an answer is filed under section 163.08 of the Revised 600
Code with respect to the value of property appropriated under 601
section 307.08, 504.19, 6101.181, 6115.221, 6117.39, or 6119.11 of 602
the Revised Code as the result of a public exigency, the trier of 603
fact shall determine that value based on the evidence presented, 604
with neither party having the burden of proof with respect to 605
that value is on the party or parties to the appropriation other 606
than the property owners.607

       (G) If the court determines the matter in the favor of the 608
owner as to the necessity of the appropriation or whether the use 609
for which the agency seeks to appropriate the property is a public 610
use, in a final, unappealable order, the court shall award the 611
owner reasonable attorney's fees, expenses, and costs.612

       Sec. 163.12.  (A) A view of the premises to be appropriated 613
or of premises appropriated shall be ordered by the court when 614
demandedrequested by a party to the proceedings. 615

       (B) The property owners shall open and close the case except 616
that, if the premises are appropriated under section 163.06,617
307.08, 504.19, 6101.181, 6115.221, 6117.39, or 6119.11 of the 618
Revised Code as the result of a public exigency, the party or 619
parties other than the owners shall open and close the case.620

       (C) The court may amend any defect or informality in 621
proceedings under sections 163.01 to 163.22 of the Revised Code. 622
The court may cause new parties to be added and direct further 623
notice to be given to a party in interest as the court considers 624
proper.625

       (D) No part of the pleadings, other than the petition, shall 626
be read or exhibited to the jury.627

       Sec. 163.14. (A) In appropriation proceedings the jury shall628
be sworn to impartially assess the compensation and damages, if629
any, without deductions for general benefits as to the property630
of the owner.631

       (B) The jury, in its verdict, shall assess the compensation 632
for the property appropriated and damages, if any, to the residue, 633
to be paid to the owners. When a building or other structure is on634
the property appropriated or when a building or other structure is 635
situated partly upon the land appropriated and partly upon636
adjoining land so that the structure cannot be divided upon the637
line between such lands without manifest injury thereto, the jury, 638
in assessing compensation to any owner of the land, shall assess 639
the value thereof, as part of the compensation. The title to said 640
structure shall vest in the agency which shall have the right to 641
enter upon the adjoining land upon which any part of the structure 642
is located for the purpose of removing said structure therefrom, 643
after deposit in accordance with the verdict. Such removal shall 644
be made within ninety days after taking title to the property 645
appropriated; provided, that the court may extend removal time 646
upon such conditions as the court requires. 647

       (C) The jury, in its verdict, shall assess compensation to 648
the owner of a business conducted on the property taken for loss 649
of goodwill if the owner proves both of the following:650

       (1) The loss is caused by the taking of the property;651

       (2) The loss cannot reasonably be prevented by relocation of 652
the business or by taking steps and adopting procedures that a 653
reasonably prudent person would take and adopt in preserving the 654
goodwill.655

       Compensation for loss of goodwill shall not be included in 656
payments made under section 163.53 of the Revised Code, shall not 657
be duplicated in any compensation otherwise awarded to the owner, 658
shall not exceed ten thousand dollars, and shall not be awarded in 659
appropriations of less than the entirety of the business property.660

       (D) The verdict shall be signed by at least three-fourths of661
the members of the jury.662

       (E) If a jury is discharged without rendering a verdict,663
another shall be impaneled at the earliest convenient time and664
shall make the inquiry and assessment.665

       Sec. 163.15. (A) As soon as the agency pays to the party 666
entitled thereto or deposits with the court the amount of the 667
award and the costs assessed against the agency, it may take 668
possession; provided, that this shall not be construed to limit 669
the right of a public agency to enter and take possession, as670
provided in section 163.06 of the Revised Code. When the agency is 671
entitled to possession the court shall enter an order to such 672
effect upon the record and, if necessary, process shall be issued 673
to place the agency in possession. Whenever a final journal entry 674
in an appropriation proceeding, granting to this state a fee title 675
or any lesser estate or interest in real property is filed and 676
journalized by the clerk of courts, the clerk of courts shall 677
forthwith transmit to the county auditor a certified copy of said 678
final journal entry who shall transfer the property on histhe 679
auditor's books and transmit said entry with proper endorsement to 680
the county recorder for recording. The costs of filing such final 681
journal entry with the county auditor and the county recorder 682
shall be taxed as costs in the appropriation proceedings the same 683
as other costs are taxed under section 163.16 of the Revised Code.684

        (B)(1) Whenever the appropriation of real property requires 685
the owner, a commercial tenant, or a residential tenant identified 686
by the owner in a notice filed with the court to move or relocate, 687
the agency shall make a payment to that person, upon proper 688
application as approved by the agency, for all of the following:689

       (a) Actual reasonable expenses in moving the person and the 690
person's family, business, farm operation, or other personal 691
property;692

       (b) Actual direct losses of tangible personal property as a 693
result of moving or discontinuing a business or farm operation,694
but not to exceed an amount equal to the reasonable expenses that695
would have been required to relocate such property, as determined696
by the agency;697

       (c) Actual reasonable expenses in searching for a replacement 698
business or farm, but not to exceed two thousand five hundred 699
dollars;700

       (d) Actual and reasonable expenses necessary to reestablish a 701
farm, nonprofit organization, or small business at its new site, 702
but not to exceed ten thousand dollars.703

       (2) If the agency does not approve a payment for which the 704
owner applied under division (B)(1) of this section, the trier of 705
fact, upon presentation of proof, shall determine whether to award 706
a payment for the expenses described in division (B)(1) of this 707
section and the amount of any award. The owner shall have the 708
burden of proof with respect to those expenses.709

       (3) 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

       The owner may request, and the court may grant, a stay on 728
appeal, provided that the owner posts a supersedeas bond in an 729
amount the court determines.730

       Sec. 163.21.  (A)(1) If it has not taken possession of731
property that is appropriated, an agency may abandon appropriation 732
proceedings under sections 163.01 to 163.22 of the Revised Code at 733
any time after the proceedings are commenced but not later than 734
ninety days after the final determination of the cause.735

       (2) In all cases of abandonment as described in division736
(A)(1) of this section, the court shall enter a judgment against737
the agency for costs, including jury fees, and shall enter a738
judgment in favor of each affected owner, in amounts that the739
court considers to be just, for each of the following that the740
owner incurred:741

       (a) Witness fees, including expert witness fees;742

       (b) Attorney's fees;743

       (c) Other actual expenses.744

       (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, infor748
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

       (a) A judgment against the agency for costs, including jury 753
fees;754

       (b) A judgment in favor of each affected owner, in amounts755
that the court considers to be just, for the owner's reasonable 756
disbursements and expenses, to include witness fees, including757
expert witness fees, for attorney's fees, appraisal and 758
engineering fees, and for other actual expenses that the owner 759
incurred in connection with the proceedings.760

       (2) This division does not apply to a state agency that is761
subject to section 163.62 of the Revised Code in connection with762
condemnation proceedingsAny award to an owner pursuant to this 763
section shall be paid by the head of the agency for whose benefit 764
the appropriation proceedings were initiated.765

       (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

       (3) The court shall not enter judgment for costs and 794
expenses, including attorney's fees and appraisal fees, that the 795
owner actually incurred if the owner and the agency exchanged 796
appraisals prior to the filing of the petition and the final 797
award of compensation was not more than one hundred twenty-five 798
per cent of the agency's first offer for the property made 799
subsequent to the exchange of appraisals and at least thirty days 800
before the filing of the petition.801

       (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

       (5)(a) An award of costs and expenses, including attorney's 811
and appraisal fees, that the owner actually incurred, made under 812
division (G) of section 163.09 of the Revised Code is not subject 813
to the conditions and limitations set forth in divisions (C)(1), 814
(2), (3), and (4) of this section.815

       (b) The court shall not enter judgment for costs and 816
expenses, including attorney's fees and appraisal fees, under 817
division (C) of this section unless not less than fifty days prior 818
to the date initially designated by the court for trial the owner 819
provided the agency with an appraisal or summary appraisal of the 820
property being appropriated or with the owner's sworn statement 821
setting forth the value of the property and an explanation of how 822
the owner arrived at that value.823

       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

        (A) The prior owner declines to repurchase the property.832

        (B) The prior owner fails to repurchase the property within 833
sixty days after the public agency offers the property for 834
repurchase.835

        (C) A plan, contract, or arrangement is authorized that 836
commences an urban renewal project that includes the property.837

        (D) The agency grants or transfers the property to any other 838
person or agency.839

       (E) Five years have passed since the property was 840
appropriated.841

       (F) Prior to the filing of the petition for appropriation, 842
the appropriated property was a blighted parcel, and the prior 843
owner contributed to the blight.844

       Sec. 163.53.  (A) Whenever the acquisition of real property 845
for a program or project undertaken by a displacing agency will 846
result in the displacement of any person, the head of the agency 847
shall make a payment to any displaced person, upon proper 848
application as approved by such agency head, for all of the 849
following:850

       (1) Actual reasonable expenses in moving himselfthe person,851
histhe person's family, business, farm operation, or other 852
personal property;853

       (2) Actual direct losses of tangible personal property as a 854
result of moving or discontinuing a business or farm operation,855
but not to exceed an amount equal to the reasonable expenses that856
would have been required to relocate such property, as determined857
by the head of the displacing agency;858

       (3) Actual reasonable expenses in searching for a replacement 859
business or farm, but not to exceed two thousand five hundred 860
dollars;861

       (4) Actual and reasonable expenses necessary to reestablish a 862
displaced farm, nonprofit organization, or small business at its 863
new site, but not to exceed ten thousand dollars.864

       (B) Any displaced person eligible for payments under division 865
(A) of this section who is displaced from a dwelling and who 866
elects to accept the payments authorized by this division in lieu 867
of the payments authorized by division (A) of this section may 868
receive an expense and dislocation allowance, determined according 869
to a schedule established by the head of the displacing agency.870

       (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 the877
lead agency, except that such payment shall be not less than one878
thousand dollars nor more than twenty thousand dollars. A person879
whose sole business at the displacement dwelling is the rental of880
such property to others does not qualify for a payment under this881
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

       (2) As used in division (D) of this section:901

       (a) "Extraordinary cost in connection with a relocation"902
means any cost incurred by the owner of a utility facility in903
connection with relocation of such facility that is determined by904
the head of the displacing agency, under such rules as the head of 905
the lead agency shall adopt, to be a nonroutine relocation906
expense, to be a cost that owner ordinarily does not include in907
its annual budget as an expense of operation, and to meet such908
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 property913
associated with the operation, maintenance, or repair of any such914
system; which is located on property owned by a state or local915
government or over which a state or local government has an916
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 a919
proceeding instituted by a state agency to acquire real property920
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 reasonable923
costs, disbursements, and expenses, including reasonable attorney, 924
appraisal, and engineering fees, actually incurred because of the 925
condemnation proceeding, if either:926

       (1) The final judgment is that the agency cannot acquire the 927
real property by condemnation; or 928

       (2) The proceeding is abandoned by the state agencyas 929
provided in division (G) of section 163.09 or division (A) or (C) 930
of section 163.21 of the Revised Code, as applicable.931

       (B) Any award made pursuant to division (A) of this section 932
shall be paid by the head of the agency for whose benefit the 933
condemnation proceeding was instituted.934

       Sec. 163.63. Any reference in the Revised Code to any 935
authority to acquire real property by "condemnation" or to take 936
real property pursuant to a power of eminent domain is deemed to 937
be an appropriation of real property pursuant to this chapter and 938
any such taking or acquisition shall be made pursuant to this 939
chapter.940

       Sec. 303.26.  As used in sections 303.26 to 303.56,941
inclusive, of the Revised Code, unless a different meaning is942
clearly indicated by the context:943

       (A) "Municipality" means any incorporated city or village of 944
the state.945

       (B) "Public body" means the state, any county, municipality, 946
township, board, commission, authority, district, or other 947
subdivision.948

       (C) "Federal government" means the United States or any949
agency or instrumentality, corporate or otherwise thereof.950

       (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

       If such blighted area consists of open land, the provisions979
of section 303.34 of the Revised Code shall apply.980

       Any disaster area referred to in section 303.36 of the981
Revised Code shall constitute a "blighted area".982

       (F) "County renewal project" may include undertakings and983
activities of a county in a county renewal area for the984
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

       (G) "County renewal area" means a slum area or a blighted1009
area or a combination thereof which the board of county1010
commissioners designates as appropriate for a county renewal1011
project.1012

       (H) "County renewal plan" means a plan, as it exists from1013
time to time, for a county renewal project, which plan shall1014
conform to the general plan for the county, except as provided in1015
section 303.36 of the Revised Code, and shall be sufficiently1016
complete to indicate such land acquisition, demolition, and1017
removal of structures, redevelopment, improvements, and1018
rehabilitation as may be proposed to be carried out in the county1019
renewal area, zoning, and planning changes, if any, land uses,1020
maximum densities, building requirements, and the plan's1021
relationship to definite local objectives respecting appropriate1022
land uses, improved traffic, public transportation, public1023
utilities, recreational and community facilities, and other public 1024
improvements.1025

       (I) "Redevelopment" and derivatives thereof, when used with 1026
respect to a county renewal area, mean development as well as 1027
redevelopment.1028

       (J) "Real property" includes all lands, including1029
improvements and fixtures thereon, and property of any nature1030
appurtenant thereto, or used in connection therewith, and every1031
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

       (K) "Person" means any individual, firm, partnership,1035
corporation, company, association, joint stock association, or1036
body politic, and includes any trustee, receiver, assignee, or1037
other person acting in a similar representative capacity.1038

       (L) "Obligee" includes any bondholder, agents, or trustees1039
for any bondholders, or lessor demising to the county property1040
used in connection with a county renewal project, or any assignee1041
or assignees of such lessor's interest or any part thereof, and1042
the federal government when it is a party to any contract with the 1043
county.1044

       (M) "Bond," as used in section 303.46 of the Revised Code,1045
means bonds, including refunding bonds, notes, interim1046
certificates of special indebtedness, debentures, or other1047
obligations of a county, payable and secured as authorized by1048
section 303.46 of the Revised Code.1049

       Sec. 719.012.  In order to rehabilitate a building or1050
structure that a municipal corporation determines to be a threat1051
to the public health, safety, or welfare; that has been declared1052
to be a public nuisance under Chapter 3707., 3709., or 3781. of1053
the Revised Code; and that either has been found to be insecure,1054
unsafe, structurally defective, unhealthful, or unsanitary under1055
sections 715.26 to 715.30 of the Revised Code or violates a1056
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 or1067
ordinance adopted under section 731.231 of the Revised Code. Any1068
building or structure appropriated pursuant to this section which1069
is not rehabilitated within two years shall be demolished.1070

       If during the rehabilitation process the municipal1071
corporation retains title to the building or structure and the1072
real property of which it is a part, then within one hundred1073
eighty days after the rehabilitation is complete, the municipal1074
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 a1078
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

       Sec. 725.01.  As used in sections 725.01 to 725.11 of the1085
Revised Code:1086

       (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 by1089
reason of dilapidation, deterioration, age or obsolescence,1090
inadequate provision for ventilation, light, air, sanitation, or1091
open spaces, high density of population and overcrowding, or the1092
existence of conditions which endanger life or property, by fire1093
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 municipal1099
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)(1) "Development agreement" means an agreement that1115
includes as a minimum all of the following agreements between a1116
municipal corporation as obligee and the following parties as1117
obligors:1118

       (a) An agreement to construct or rehabilitate the structures 1119
and facilities described in the development agreement on real 1120
property described in the agreement situated in an urban renewal 1121
area, the obligor of such agreement to be a party determined by 1122
the legislative authority of the municipal corporation to have the 1123
ability to perform or cause the performance of the agreement;1124

       (b) The agreement required by section 725.04 of the Revised 1125
Code, the obligor of the agreement to be the owner or owners of 1126
the improvements to be constructed or rehabilitated;1127

       (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

       (2) A municipal corporation on behalf of the holders of urban 1136
renewal bonds may be the obligor of any of the agreements1137
described in division (C)(1) of this section.1138

       (D) "Revenues" means all rentals received under leases made 1139
by the municipal corporation in any part or all of one or more 1140
urban renewal areas; all proceeds of the sale or other disposition 1141
of property of the municipal corporation in any part or all of one 1142
or more urban renewal areas; and all urban renewal service 1143
payments collected from any part or all of one or more urban 1144
renewal areas.1145

       (E) "Urban renewal area" means a slum area or a blighted area 1146
or a combination thereof which the legislative authority of the 1147
municipal corporation designates as appropriate for an urban1148
renewal project.1149

       (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

       (G) "Urban renewal refunding bonds" means the refunding bonds 1156
authorized by section 725.07 of the Revised Code.1157

       (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 and1166
activities of a municipal corporation in an urban renewal area for 1167
the elimination and for the prevention of the development or1168
spread of slums and blight, and may involve slum clearance and1169
redevelopment in an urban renewal area, or rehabilitation or1170
conservation in an urban renewal area, or any combination or part1171
thereof, in accordance with an urban renewal plan, and such1172
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 the1197
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

       (K) "Urban renewal service payments" means the urban renewal 1212
service payments, in lieu of taxes, provided for in section 725.04 1213
of the Revised Code.1214

       (L) "Improvements" means the structures and facilities1215
constructed or rehabilitated pursuant to a development agreement.1216

       (M) "Exemption period" means that period during which all or 1217
a portion of the assessed valuation of the improvements has been 1218
exempted from real property taxation pursuant to section 725.02 of 1219
the Revised Code.1220

       Sec. 1728.01.  As used in sections 1728.01 to 1728.13 of the1221
Revised Code:1222

       (A) "Governing body" means, in the case of a municipal1223
corporation, the city council or legislative authority.1224

       (B) "Community urban redevelopment corporation" means a1225
corporation qualified under Chapter 1728. of the Revised Code, to1226
acquire, construct, operate, and maintain a project hereunder, or1227
to acquire, operate, and maintain a project constructed by a1228
corporation so qualified under Chapter 1728. of the Revised Code,1229
and the term "corporation" when used within Chapter 1728. of the1230
Revised Code, shall be understood to be a contraction of the term1231
"community urban redevelopment corporation" except when the1232
context indicates otherwise.1233

       (C) "Impacted city" means a municipal corporation that meets1234
the requirements of either division (C) (1) or (2) of this1235
section:1236

       (1) In attempting to cope with the problems of urbanization,1237
to create or preserve jobs and employment opportunities, and to1238
improve the economic welfare of the people of the municipal1239
corporation, the municipal corporation has at some time:1240

       (a) Taken affirmative action by its legislative body to1241
permit the construction of housing by a metropolitan housing1242
authority organized pursuant to sections 3735.27 to 3735.39 of the1243
Revised Code within its corporate boundaries or to permit such a1244
metropolitan housing authority to lease dwelling units within its1245
corporate boundaries; and1246

       (b) Been certified by the director of the department of1247
development that a workable program for community improvement1248
(which shall include an official plan of action for effectively1249
dealing with the problem of urban slums and blight within the1250
community and for the establishment and preservation of a1251
well-planned community with well-organized residential1252
neighborhoods of decent homes and suitable living environment for1253
adequate family life) for utilizing appropriate private and public1254
resources to eliminate, and to prevent the development or spread1255
of, slums and urban blight, to encourage needed urban1256
rehabilitation, to provide for the redevelopment of blighted,1257
deteriorated, or slum areas, to undertake such activities or other1258
feasible community activities as may be suitably employed to1259
achieve the objectives of such a program has been adopted. A1260
determination by the United States that the impacted city's1261
workable program meets the federal workable program requirements1262
shall be sufficient for the director's certification.1263

       (2) Been declared a major disaster area, or part of a major1264
disaster area, pursuant to the "Disaster Relief Act of 1970," 841265
Stat. 1744, 42 U.S.C.A. 4401, as now or hereafter amended, and has1266
been extensively damaged or destroyed by a major disaster,1267
provided that impacted city status obtained pursuant to division1268
(C) (2) of this section lasts for only a limited period from the1269
date of the declaration, as determined by the rules promulgated1270
pursuant to division (G) of section 122.06 of the Revised Code,1271
but in the event that an impacted city, while qualified under such1272
division, enters into a financial agreement with a community urban1273
redevelopment corporation pursuant to section 1728.07 of the1274
Revised Code, a loss of certification under such rules shall not1275
affect that agreement or the project to which it relates.1276

       (D) "Community development plan" means a plan, as it exists1277
from time to time, for the redevelopment and renewal of a blighted1278
area, which plan shall conform to the general plan for the1279
municipality, and shall be sufficiently complete to indicate such1280
land acquisition, demolition, and removal of structures,1281
redevelopment, improvements, and rehabilitation as may be proposed1282
to be carried out in such blighted area, zoning, and any planning1283
changes, land uses, maximum densities, and building requirements.1284

       (E) "Blighted area" means an area within a municipality1285
containing a majority of structures that have been extensively1286
damaged or destroyed by a major disaster, or that, by reason of1287
dilapidation, deterioration, age or obsolescence, inadequate1288
provision for ventilation, light, air, sanitation, or open spaces,1289
unsafe and unsanitary conditions or the existence of conditions1290
which endanger lives or properties by fire or other hazards and1291
causes, or that, by reason of location in an area with inadequate1292
street layout, incompatible land uses or land use relationships,1293
overcrowding of buildings on the land, excessive dwelling unit1294
density, or other identified hazards to health and safety, are1295
conducive to ill health, transmission of disease, juvenile1296
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

       (F) "Project" means:1300

       (1) As to blighted areas within all municipal corporations,1301
the undertaking and execution of the redevelopment of a blighted1302
area by a community urban redevelopment corporation, in whole or1303
in part, pursuant to a community development plan approved by the1304
governing body of the municipal corporation in which such blighted1305
area is situated and in accordance with an agreement for the sale1306
or lease of all or a portion of the land concerned in such1307
redevelopment to the corporation by a municipal corporation, or1308
agency, or authority including the work to be done in reference1309
thereto, the designation of the particular proposed buildings to1310
be constructed and their uses and purposes, the landscaping of the1311
premises, the streets and access roads, recreational facilities,1312
if any, the furnishing of the public utilities, the financial1313
arrangements, and the terms and conditions of the proposed1314
municipal corporation and approval; and1315

       (2) In addition as to blighted areas within impacted cities,1316
the undertaking and activities of a community urban redevelopment1317
corporation in a blighted area for the elimination and for the1318
prevention of the development or spread of blight pursuant to a1319
community development plan approved by the governing body of the1320
impacted city and to the extent agreed to by the governing body of1321
the impacted city in the financial agreement provided for in1322
section 1728.07 of the Revised Code and may involve clearance and1323
redevelopment, or rehabilitation or conservation or any1324
combination or part thereof, in accordance with such community1325
development plan, and such aforesaid undertakings and activities1326
may include acquisition of a blighted area or portion by purchase1327
or otherwise, and demolition and removal of buildings and1328
improvements.1329

       (G) "Total project unit cost" or "total project cost" means1330
the aggregate of the following items as related to any unit of a1331
project if the project is to be undertaken in units or to the1332
total project if the project is not to be undertaken in units:1333

       (1) Cost of the land to the community urban redevelopment1334
corporation;1335

       (2) Architects', engineers', and attorneys' fees paid or1336
payable by the corporation in connection with the planning,1337
construction, and financing of the project;1338

       (3) Surveying and testing charges in connection therewith;1339

       (4) Actual construction cost as certified by the architect,1340
including the cost of any preparation of the site undertaken at1341
the corporation's expense;1342

       (5) Insurance, interest, and finance costs during1343
construction;1344

       (6) Cost of obtaining initial permanent financing;1345

       (7) Commissions and other expenses paid or payable in1346
connection with initial leasing;1347

       (8) Real estate taxes and assessments during the construction 1348
period;1349

       (9) Developer's overhead based on a percentage of division1350
(G) (4) of this section, to be computed in accordance with the1351
following schedule:1352

$500,000 or less - 10 per cent 1353
500,001 through $ 1,000,000 - $50,000 plus 8 per cent on 1354
excess above $500,000 1355
1,000,001 through 2,000,000 - 90,000 plus 7 per cent on 1356
excess above 1,000,000 1357
2,000,001 through 3,500,000 - 160,000 plus 5.6667 per cent 1358
on excess above 2,000,000 1359
3,500,001 through 5,500,000 - 245,000 plus 4.25 per cent 1360
on excess above 3,500,000 1361
5,500,001 through 10,000,000 - 330,000 plus 3.7778 per cent 1362
on excess above 5,500,000 1363
Over 10,000,000 - 5 per cent 1364

       (H) "Annual gross revenue" means the total annual gross1365
rental and other income of a community urban redevelopment1366
corporation from the project. If in any leasing, any real estate1367
taxes or assessments on property included in the project, any1368
premiums for fire or other insurance on or concerning property1369
included in the project, or any operating or maintenance expenses1370
ordinarily paid by a landlord are to be paid by the tenant, such1371
payments shall be computed and deemed to be part of the rent and1372
shall be included in the annual gross revenue. The financial1373
agreement provided for in section 1728.07 of the Revised Code1374
shall establish the method of computing such additional revenue,1375
and may establish a method of arbitration where either the1376
landlord or the tenant disputes the amount of such payments so1377
included in the annual gross revenue.1378

       (I) "Major disaster" means any tornado, storm, flood, high1379
water, wind-driven water, tidal wave, earthquake, fire, or other1380
catastrophe.1381

       Sec. 2505.02.  (A) As used in this section:1382

       (1) "Substantial right" means a right that the United States 1383
Constitution, the Ohio Constitution, a statute, the common law, or 1384
a rule of procedure entitles a person to enforce or protect.1385

       (2) "Special proceeding" means an action or proceeding that 1386
is specially created by statute and that prior to 1853 was not 1387
denoted as an action at law or a suit in equity.1388

       (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

       (B) An order is a final order that may be reviewed, affirmed,1397
modified, or reversed, with or without retrial, when it is one of 1398
the following:1399

       (1) An order that affects a substantial right in an action1400
that in effect determines the action and prevents a judgment;1401

       (2) An order that affects a substantial right made in a 1402
special proceeding or upon a summary application in an action 1403
after judgment;1404

       (3) An order that vacates or sets aside a judgment or grants 1405
a new trial;1406

       (4) An order that grants or denies a provisional remedy and 1407
to which both of the following apply:1408

       (a) The order in effect determines the action with respect to 1409
the provisional remedy and prevents a judgment in the action in 1410
favor of the appealing party with respect to the provisional 1411
remedy.1412

       (b) The appealing party would not be afforded a meaningful or1413
effective remedy by an appeal following final judgment as to all 1414
proceedings, issues, claims, and parties in the action.1415

       (5) An order that determines that an action may or may not be1416
maintained as a class action;1417

       (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

       (7) An order in an appropriation proceeding that may be 1428
appealed pursuant to division (B)(3) of section 163.09 of the 1429
Revised Code.1430

       (C) When a court issues an order that vacates or sets aside a1431
judgment or grants a new trial, the court, upon the request of 1432
either party, shall state in the order the grounds upon which the 1433
new trial is granted or the judgment vacated or set aside.1434

       (D) This section applies to and governs any action, including 1435
an appeal, that is pending in any court on July 22, 1998, and all 1436
claims filed or actions commenced on or after July 22, 1998, 1437
notwithstanding any provision of any prior statute or rule of law 1438
of this state.1439

       Sec. 3735.40.  As used in sections 3735.27, 3735.31, and1440
3735.40 to 3735.50 of the Revised Code:1441

       (A) "Federal government" includes the United States, the1442
federal works administrator, or any other agency or1443
instrumentality, corporate or otherwise, of the United States.1444

       (B) "Slum area" means any area where dwellings predominate1445
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

       (C) "Housing project" or "project" means any of the following 1451
works or undertakings:1452

       (1) Demolish, clear, or remove buildings from any slum area. 1453
Such work or undertaking may embrace the adaptation of such area 1454
to public purposes, including parks or other recreational or 1455
community purposes.1456

       (2) Provide decent, safe, and sanitary urban or rural1457
dwellings, apartments, or other living accommodations for persons1458
of low income. Such work or undertaking may include buildings,1459
land, equipment, facilities, and other real or personal property1460
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

       (3) Accomplish a combination of the foregoing. "Housing1465
project" also may be applied to the planning of the buildings and1466
improvements, the acquisition of property, the demolition of1467
existing structures, the construction, reconstruction, alteration, 1468
and repair of the improvements, and all other work in connection 1469
therewith.1470

       (D) "Families of low income" means persons or families who1471
lack the amount of income which is necessary, as determined by the 1472
metropolitan housing authority undertaking the housing project, to 1473
enable them, without financial assistance, to live in decent, 1474
safe, and sanitary dwellings, without overcrowding.1475

       (E) "Families" means families consisting of two or more1476
persons, a single person who has attained the age at which an1477
individual may elect to receive an old age benefit under Title II1478
of the "Social Security Act" or is under disability as defined in1479
section 223 of that act, 49 Stat. 622 (1935), 42 U. S. C. A. 401, 1480
as amended, or the remaining member of a tenant family.1481

       (F) "Families" also means a single person discharged by the 1482
head of a hospital pursuant to section 5122.21 of the Revised Code 1483
after March 10, 1964.1484

       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 4. In accordance with City of Norwood v. Horney1497
(2006), 110 Ohio St.3d 353, in which the Supreme Court held the 1498
right of property to be a fundamental right protected by the 1499
United States and Ohio Constitutions, the General Assembly finds 1500
that the exercise of the power of eminent domain at any level of 1501
government is a matter of statewide importance and hereby declares 1502
its intention that this act be construed to apply generally 1503
throughout the state.1504

       Section 5. Sections 1 and 2 of this act do not apply to 1505
appropriation proceedings pending on the effective date of this 1506
act. This section is not intended to indicate that such 1507
appropriation proceedings do not have to comply with the 1508
constitutional requirements set forth in City of Norwood v. Horney1509
(2006), 110 Ohio St.3d 353.1510

       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