As Reported by the Senate State and Local Government and Veterans Affairs 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 

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A BILL

To amend sections 163.01, 163.02, 163.03, 163.04,

1

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

2

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

3

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

4

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

5

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

6

1728.01, 3735.40, and 3735.59, and to enact

7

sections 1.08, 163.021, 163.211, and 163.63, and

8

to repeal section 163.51 of the Revised Code to

9

implement recommendations of the Eminent Domain

10

Task Force and to create other procedures to

11

protect the rights of property owners.

12

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

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

Sec. 1.08. As used in the Revised Code:

20

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

(1) The property contains a structure that is dilapidated,	23
unsanitary, unsafe, or vermin infested, and because of its	24
condition an agency that is responsible for the enforcement of	25
housing, building, or fire codes has designated it unfit for human	26
habitation or use.	27

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

28

(a) The property or a structure on the property constitutes a	29
public nuisance because of its physical condition, use, or	30
occupancy.	31

(b) The property contains a structure that in its current	32
condition is a fire hazard or otherwise is dangerous to the safety	33
of persons or property.	34

(c) The property contains a structure from which the	35
utilities, plumbing, heating, sewerage, or other necessary	36
facilities have been disconnected, destroyed, removed, or rendered	37
ineffective so that the property is unfit for its intended use.	38

(d) The property is a vacant or unimproved lot or parcel in a	39
predominantly built-up-neighborhood that, by reason of neglect or	40
lack of maintenance, has become a place for accumulation of trash	41
and debris, or a haven for vermin.	42

(e) The property has tax delinquencies that exceed the value	43
of the property.	44

(f) The property or a structure on the property has	45
significant code violations that substantially affect health or	46
safety, and at least one year has passed since an appropriate code	47
enforcement agency provided notice to the owner of the need to	48
rehabilitate the property or structure, and the property or	49
structure has not been substantially rehabilitated.	50

(g) The property poses a direct threat to public health or	51
safety in its present condition by reason of environmentally	52
hazardous conditions, solid waste pollution, or contamination.	53

(h) The property is an abandoned property, meaning that the	54
owner or estate in possession of the property has declared it to	55
be abandoned, or the property is occupied by a person who does not	56
have a legal or equitable right to occupy the property and the	57
entity taking the property is unable to identify and communicate	58
with the owner despite making reasonable efforts.	59

(B) "Blighted area" and "slum" mean a delineated area that	60
the taking agency establishes, that is comprised of contiguous	61
properties, and in which over ninety per cent of all properties	62
within the borders of the delineated area are blighted properties.	63
Only properties within the delineated boundaries may be considered	64
in the determination that an area is a "blighted area" or "slum."	65
No area may be designated as a "blighted area" or "slum" unless	66
the boundaries of that area are clearly delineated on a map that	67
is made available to the public.	68

(C)(1) When determining whether a property is a blighted	69
property or whether an area is a blighted area or slum, no person	70
shall consider whether the property could generate more tax	71
revenues if put to another use.	72

(2) No agency with the power to appropriate property shall	73
use that power as a substitute for the enforcement of nuisance	74
laws.	75

(D) Notwithstanding any other provision of this section,	76
absent any environmental or public health hazard that cannot be	77
corrected under its current use or ownership, a property is not a	78
blighted property because of any condition that is a blighting	79
condition under division (A) of this section if its condition is	80
consistent with conditions that are normally incident to generally	81
accepted agricultural practices and the land is used for purposes	82
consistent with the definition of "agriculture" in section 1.61 of	83
the Revised Code, or the county auditor of the county in which the	84
land is located has determined under section 5713.31 of the	85
Revised Code that the land is "land devoted exclusively to	86
agricultural use" as defined in section 5713.30 of the Revised	87
Code.	88

Sec. 163.01.  As used in sections 163.01 to 163.22 of the	89
Revised Codethis chapter:	90

(A) "Public agency" means any governmental corporation,	91
instrumentality, unit, organization, or officer authorized by law	92
to appropriate property in the courts of this state. "Private	93
"Public agency" does not include a utility owned by a municipal	94
corporation.	95

(B) "Private agency" means any other corporation, firm,	96
partnership, voluntary association, joint-stock association, or	97
company that is not a "public agency," authorized by law to	98
appropriate property in the courts of this state. "Agency"	99
includes	100

(B)(C) "Agency" means any public agency or private agency	101
authorized by law to appropriate property in the courts of this	102
state. "Agency" includes a utility owned by a municipal	103
corporation.	104

(D) "Business" means any lawful activity, excepting a farm	105
operation, conducted primarily for one or more of the following:	106

(1) The purchase, sale, lease, and rental of personal and	107
real property, and for the manufacture, processing, or marketing	108
of products, commodities, or any other personal property;	109

(2) The sale of services to the public;

110

(3) By a nonprofit organization;

111

(4) Solely for the purposes of section 163.53 of the Revised	112
Code, for assisting in the purchase, sale, resale, manufacture,	113
processing, or marketing of products, commodities, personal	114
property, or services by the erection and maintenance of an	115
outdoor advertising display or displays, whether or not such	116
display or displays are located on the premises on which any of	117
the above activities are conducted.	118

(E) "Comparable replacement dwelling" means any dwelling that	119
is decent, safe, and sanitary; adequate in size to accommodate the	120
occupants; within the financial means of the displaced person;	121
functionally equivalent to the displaced person's dwelling; in an	122
area not subject to unreasonable adverse environmental conditions;	123
and in a location generally not less desirable than the location	124
of the displaced person's dwelling with respect to public	125
utilities, facilities, services, and the displaced person's place	126
of employment.	127

(F) "Court" includesmeans the court of common pleas andor	128
the probate court of any county in which the property sought to be	129
appropriated is located in whole or in part.	130

(C)(G) "Displaced person" means any person who moves from	131
real property or moves personal property from real property on	132
which the person is a residential tenant or conducts a business or	133
farm operation, when that move is a direct result of a written	134
notice of intent to acquire or the acquisition of that real	135
property, in whole or in part, under a program or project an	136
agency undertakes or as a direct result of rehabilitation,	137
demolition, or other displacing activity on real property by an	138
agency, and the head of the agency determines that the	139
displacement is permanent.	140

"Displaced person" does not include a person who has been	141
determined, according to criteria the head of the agency	142
establishes, to be either in unlawful occupancy of the	143
displacement dwelling or to have occupied that dwelling for the	144
purpose of obtaining assistance under this chapter, or a person	145
who became an occupant of the dwelling after its acquisition and	146
whose occupancy is on a rental basis for a short term or a period	147
subject to termination when the property is needed for the program	148
or project.	149

(H) "Farm operation" means any activity conducted solely or	150
primarily for the production of one or more agricultural products	151
or commodities, including timber, for sale or home use, and	152
customarily producing such products or commodities in sufficient	153
quantity to be capable of contributing materially to the	154
operator's support.	155

(I) "Mortgage" means the classes of liens commonly given to	156
secure advances on, or the unpaid purchase price of, real	157
property, under the laws of Ohio, together with the credit	158
instruments, if any, secured thereby.	159

(J) "Owner" includesmeans any individual, partnership,	160
association, or corporation having any estate, title, or interest	161
in any real property sought to be appropriated.	162

(D)(K) "Person" includes any individual, partnership,	163
corporation, or association.	164

(L) "Real property," "land," or "property" includesmeans any	165
estate, title, or interest in any real property whichthat is	166
authorized to be appropriated by the agency in question, unless	167
the context otherwise requires.	168

(M) "Goodwill" means the calculable benefits that accrue to a	169
business as a result of its location, reputation for	170
dependability, skill or quality, and any other circumstances that	171
result in probable retention of old, or acquisition of new,	172
patronage.	173

Sec. 163.02.  (A) Except as provided in divisions (B), (C),	174
(D), and (F) of this section, allAll appropriations of real	175
property shall be made pursuant to sections 163.01 to 163.22 of	176
the Revised Codethis chapter, except as otherwise provided in	177
section 163.06 of the Revised Code or because of a public exigency	178
as provided in division (B) of section 307.08, 6101.181, 6115.221,	179
6117.39, or 6119.11, or division (D) of section 514.19 of the	180
Revised Code.	181

(B) Subject to division (E) of this section, theThe director	182
of transportation may appropriate real property pursuant to	183
sections 163.01 to 163.22 of the Revised Codethis chapter or as	184
otherwise provided by law.	185

(C) Subject to division (E) of this section, a conservancy	186
district may appropriate real property by procedures prescribed in	187
Chapter 6101. of the Revised Code.	188

(D) Subject to division (E) of this section, a sanitary	189
district may appropriate real property by procedures prescribed in	190
Chapter 6115. of the Revised Code.	191

(E) When the director of transportation, a conservancy	192
district, or a sanitary district proceedsNotwithstanding any	193
authority to appropriate real property other than under sections	194
163.01 to 163.22 of the Revised Code, the proceedings areto the	195
contrary, any proceeding to appropriate real property is subject	196
to division (B) of section 163.21 of the Revised Code.	197

(F) A county, township that has adopted a limited home rule	198
government, conservancy district, sanitary district, county sewer	199
district, or a regional water and sewer district also may	200
appropriate real property in the manner prescribed in division (B)	201
of section 307.08, 6101.181, 6115.221, 6117.39, or 6119.11 or	202
division (D) of section 504.19 of the Revised Code, as applicable.	203

(G)(D) Any instrument by which the state or an agency of the	204
state acquires real property pursuant to this sectionchapter	205
shall identifyinclude all of the following:	206

(1) The name of the agency of the state that has the use and	207
benefit of the real property as, specified in the manner that	208
section 5301.012 of the Revised Code.requires;	209

(2) A statement of the purpose of the appropriation as	210
provided with the appropriation petition;	211

(3) A statement that the prior owner possesses a right of	212
repurchase pursuant to section 163.211 of the Revised Code if the	213
agency decides not to use the property for the purpose stated in	214
the appropriation petition and the owner provides timely notice of	215
a desire to repurchase. Nothing in this section affects the	216
authority of the director of transportation to convey unneeded	217
property pursuant to division (F) of section 5501.34 of the	218
Revised Code.	219

(E) Nothing in this chapter precludes any person from	220
voluntarily conveying a property to an agency that is considering	221
appropriating the property or that offers to purchase the property	222
under threat of appropriation. Any such voluntary conveyance of a	223
property to an agency is deemed for all purposes to be a sale	224
under the threat of appropriation for a public use. This division	225
applies to a voluntary conveyance to an agency regardless of	226
whether the property is a blighted property or is located in a	227
blighted area, or the property subsequently could be found for any	228
reason not to qualify for appropriation by the agency.	229

Sec. 163.021. (A)(1) No agency shall appropriate real	230
property except as necessary and for a public use. In any	231
appropriation, the taking agency shall show by a preponderance of	232
the evidence that the taking is necessary and for a public use.	233

(2) "Public use" does not include any taking that is for	234
conveyance to a private commercial enterprise, for economic	235
development, or solely for the purpose of increasing public	236
revenue, unless the taking agency shows by a preponderance of the	237
evidence that the property being appropriated is within a blighted	238
area and the taking is pursuant to a redevelopment plan having a	239
purpose of eliminating blight that has been adopted by the	240
legislative authority where the property is located.	241

(3) All of the following are presumed to be a public use:	242
utility facilities, roads, sewers, water lines, public schools,	243
public parks, government buildings, projects by an agency that is	244
a public utility as defined in section 4905.02 of the Revised Code	245
or an agency holding a certificate of public convenience and	246
necessity granted by the federal energy regulatory commission, an	247
electric cooperative as defined in section 4928.01 of the Revised	248
Code, and similar facilities and uses of land.	249

(B)(1) No public agency that is not elected may appropriate	250
real property unless the public agency or elected individual that	251
appointed the agency approves the appropriation or a majority of	252
the appointing public agencies or elected individuals approve the	253
appropriation if more than one agency or individual participated	254
in the appointment. If the agency that is not elected is a state	255
agency or a state instrumentality such as a university, the	256
approval shall be by the governor.	257

(2) Approval pursuant to this division shall be obtained for	258
each appropriation or each project for which the agency proposes	259
to appropriate property. If the project includes more than one	260
property, an agency may request approval for the project only if	261
that request includes a description of all affected properties in	262
the project by the street address of each property or other method	263
of identification by which an owner reasonably would be made aware	264
that the owner's property is included in the project. If the	265
agency adds properties to the project following an approval, the	266
agency shall seek an additional approval for appropriation of	267
those additional properties pursuant to the same procedures and	268
requirements as the initial approval. Authority to approve	269
appropriations may not be delegated to an agency that is not	270
elected.	271

(C) No park board, park district, board of directors of a	272
conservancy district, incorporated association with a purpose of	273
establishing or preserving public parks and memorial sites, or	274
similar park authority shall appropriate real property unless that	275
property is located within the entity's jurisdiction.	276

(D) Any public agency with authority to appropriate property	277
outside its jurisdiction shall obtain approval for the proposed	278
appropriation from the legislative authority where the property is	279
located and shall include a copy of that approval with any	280
petition for appropriation.	281

Sec. 163.03.  Any agency may, upon the notice prescribed in	282
this section, prior to or subsequent to the filing of a petition	283
pursuant to section 163.05 of the Revised Code, enter upon any	284
lands, waters, and premises for the purpose of making such	285
surveys, soundings, drillings, appraisals, and examinations as are	286
necessary or proper for the purpose of the agency under sections	287
163.01 to 163.22, inclusive, of the Revised Code,this chapter and	288
suchthat entry shalldoes not constitute a trespass. Notice of	289
sucha proposed entry shall be given to the owner or the person in	290
possession by such means as are reasonably available not less than	291
forty-eight hours nor more than thirty days prior to the date of	292
suchthe proposed entry.	293

The agency shall make restitution or reimbursement for any	294
actual damage resulting to such lands, waters, and premises and to	295
improvements or personal property located in, on, along, over, or	296
under suchthose lands, waters, and premises, as a result of such	297
activities this section authorizes. If the parties are unable to	298
agree upon restitution or other settlement, damages are	299
recoverable by civil action to which the state or agency hereby	300
consents.	301

Sec. 163.04. (A)(1) Any public agency that appropriates real	302
property shall adopt procedures under which the public is entitled	303
to provide input on a proposed appropriation. Any procedure shall	304
include notice and a reasonable public comment period. For at	305
least two consecutive weeks prior to any appropriation, the agency	306
shall provide a weekly notice of the proposed appropriation in a	307
newspaper of general circulation in the county in which the	308
appropriation is proposed. If the notice is for a project that	309
includes more than one property, the notice shall describe the	310
project and identify each property in the project by the	311
property's street address or other method reasonably designed to	312
enable an owner to recognize that the owner's property is included	313
in the project. Any notice shall specify the dates during which	314
the agency will accept written comment and set forth the address	315
to which persons may submit comment. The notice this division	316
requires may be made for the appropriation of an individual	317
property or for a project so long as the notice for a project	318
clearly identifies each property in that project and each owner is	319
given an opportunity to provide comment. If the agency adds	320
additional properties to the project, the agency shall repeat the	321
procedure this division describes for those additional properties.	322
During the period of public comment, the agency shall accept from	323
any person a written comment addressing the proposed appropriation	324
and any project for which that appropriation would be made.	325

(2) Any public agency that is not elected by the public also	326
shall hold at least one public hearing per appropriation or	327
project following the two weeks' published notice that this	328
section requires. The agency's notice shall include, in addition	329
to all requirements of division (A)(1) of this section, notice of	330
the time, date, and location of the public hearing. A public	331
hearing may be held for an individual property or for a project so	332
long as the notice for a project clearly identifies each property	333
in that project and each owner is given an opportunity to provide	334
comment at the public hearing. If the agency adds additional	335
properties to the project, the agency shall repeat the procedure	336
this division describes for those additional properties.	337

(3) Any agency that is a public utility as defined in section	338
4905.02 of the Revised Code, an electric cooperative as defined in	339
section 4928.01 of the Revised Code, or a utility owned by a	340
municipal corporation satisfies the notice and hearing	341
requirements of this division if the agency has a certificate	342
granted by a regulatory agency for the facility or project for	343
which property will be appropriated. If the public utility,	344
electric cooperative, or utility owned by a municipal corporation	345
does not have such a certificate, it shall provide notice to all	346
affected property owners at least thirty days prior to any initial	347
offer to purchase property. The notice shall inform the owner that	348
all or a portion of the property is necessary for a project,	349
describe the nature of that project, and describe each property to	350
be acquired by street address or other reasonable method that	351
would enable an owner to identify the property.	352

(4) This division does not apply to any appropriation to	353
eliminate a health nuisance or pursuant to a public exigency as	354
described in division (A) of section 163.02 or section 163.06 of	355
the Revised Code.	356

(B) No agency shall appropriate property unless prior to	357
filing a petition for appropriation the agency makes a good faith	358
offer to the owner and provides the owner or the guardian, agent,	359
or trustee of the owner with a copy of an appraisal, a summary	360
appraisal if the agency performed only a summary appraisal, or a	361
written explanation of how the agency established the value of the	362
property. The agency need not provide the owner, guardian, agent,	363
or trustee an appraisal, summary appraisal, or written explanation	364
of value if none of the persons to be provided the information is	365
known or their residence or business address cannot be ascertained	366
with reasonable diligence. The tax records of the county auditor	367
shall not be used to determine a property's value in an	368
appropriation action, but county tax payment records shall be	369
prima facie evidence of ownership for purposes of an adverse	370
possession action.	371

(C) Appropriations shall be made only after the agency is	372
unable to agree on a conveyance or the terms of a conveyance, for	373
any reason, with theany owner, or if more than one, any owner, or	374
histhe guardian or trustee, or when anyof any owner, unless no	375
owner is incapablecapable of contracting in person or by agent	376
and has no guardian or trustee, or is unknown, or is not a	377
resident of this state, or histhe residence is unknown to the	378
agency andor business address of any of these persons who could	379
approve a conveyance cannot with reasonable diligence be	380
ascertained with reasonable diligence.	381

Sec. 163.05.  An agency whichthat has met the requirements	382
of section 163.04 of the Revised Code, may commence proceedings in	383
a proper court by filing a petition for appropriation of each	384
parcel or contiguous parcels in a single common ownership, or	385
interest or right therein. The petition of a private agency shall	386
be verified as in a civil action and all. All petitions shall	387
contain:	388

(A) A description of each parcel of land or interest or right	389
therein sought to be appropriated, such as will permit ready	390
identification of the land involved;	391

(B) In the case of a private agency, a(1) A statement that	392
suchthe appropriation is necessary, for a public use, and, in the	393
case ofif a public agency or an agency for which a resolution or	394
approval is required, a copy of the resolution or approval of the	395
public agency to appropriate;	396

(2) A statement showing the appraised value or the agency's	397
estimated value of the property and affirming that the stated	398
amount was offered to the owner as compensation;	399

(3) If the property is part of a blighted area that is being	400
appropriated pursuant to a redevelopment plan, a statement that	401
shows the basis for the finding of blight and that supports that	402
the redevelopment area in which the parcel is located is a	403
"blighted area" as defined in section 1.08 of the Revised Code,	404
and a map that clearly sets forth the delineated boundaries of the	405
redevelopment area.	406

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

407

(D) A statement of the estate or interest sought to be	408
appropriated;	409

(E) The names and addresses of the owners, so far as they can	410
be ascertained;	411

(F) A statement showing requirements of section 163.04 of the	412
Revised Code have been met;	413

(G) A prayer for the appropriation;.

414

(H) In the event of an appropriation where the agency would	415
require less than the whole of any parcel containing a residence	416
structure and the required portion would remove a garage and	417
sufficient land that a replacement garage could not be lawfully or	418
practically attached, the appropriation shall be for the whole	419
parcel and all structures unless, at the discretion of the owner,	420
the owner waives this requirement, in which case the agency shall	421
appropriate only the portion that the agency requires as well as	422
the entirety of any structure that is in whole or in part on the	423
required portion.	424

In the event of the appropriation of less than the fee of any	425
parcel or of a fee in less than the whole of any parcel of	426
property, the agency shall either make available to the owner or	427
shall file in the office of the county engineer, a description of	428
the nature of the improvement or use which requires the	429
appropriation, including any specifications, elevations, and grade	430
changes already determined at the time of the filing of the	431
petition, in sufficient detail to permit a determination of the	432
nature, extent, and effect of the taking and improvement. A set of	433
highway construction plans shall be acceptable in providing such	434
description for the purposes of the preceding sentence in the	435
appropriation of land for highway purposes.	436

Sec. 163.06.  (A) A public agency, other than an agency	437
appropriating property for the purposes described in division (B)	438
of this section, which qualifiesthat is appropriating property	439
due to a public exigency that requires its immediate seizure	440
pursuant to Section 19 of Article I, Ohio Constitution, may	441
deposit with the court at the time of filing the petition the	442
value of such property appropriated together with the damages, if	443
any, to the residue, as determined by the public agency, and	444
thereupon take possession of and enter upon the property	445
appropriated. The right of possession upon deposit as provided in	446
this division shalldoes not extend to structures.	447

(B)(1) A public agency appropriating property for the purpose	448
of making or repairing roads which shallthat will be open to the	449
public, without charge, or for the purpose of implementing rail	450
service under Chapter 4981. of the Revised Code, may deposit with	451
the court at the time of filing the petition the value of suchthe	452
property appropriated together with the damages, if any, to the	453
residue, as determined by the public agency, and stated in an	454
attached declaration of intention to obtain possession and	455
thereupon, take possession of, and enter upon the property	456
appropriated, including structures situated upon the land	457
appropriated for such purpose or situated partly upon the land	458
appropriated therefor and partly upon adjoining land, so that such	459
the structures cannot be divided upon the line between suchthe	460
lands without manifest injury thereto. The	461

(2) The jury, in assessing compensation to any owner of land	462
appropriated under this division, shall assess the value thereof	463
of the property in accordance with section 163.14 of the Revised	464
Code. The owner or occupant of such structuresthe structure shall	465
vacate the samestructure within sixty days after service of	466
summons as required under section 163.07 of the Revised Code, at	467
no cost to the appropriating agency, after which time the agency	468
may remove saidany structures. In	469

(3) In the event suchthe structures are to be removed before	470
the jury has fixed thetheir value of the same, the court, upon	471
motion of the agency, shall do all of the following:	472

(1)(a) Order appraisals to be made by three persons, one to	473
be named by the owner, one by the county auditor, and one by the	474
agency. Such appraisals may be used as evidence by the owner or	475
the agency in the trial of saidthe case but shall not be binding	476
on saidthe owner, agency, or the jury, and the expense of said	477
the appraisals shall be approved by the court and charged as costs	478
in said case.	479

(2)(b) Cause pictures to be taken of all sides of saidthe	480
structures;	481

(3)(c) Compile a complete description of saidthe structures,	482
which shall be preserved as evidence in said case to which the	483
owner or occupants shall have access.	484

(C) Any time after the deposit is made by the public agency	485
under division (A) or (B) of this section, the owner may apply to	486
the court to withdraw the deposit, and suchthat withdrawal shall	487
in no way interfere with the action except that the sum so	488
withdrawn shall be deducted from the sum of the final verdict or	489
award. Upon suchan application being made, the court shall direct	490
that the sum be paid to suchthe owner subject to the rights of	491
other parties in interest provided suchthose parties make timely	492
application as provided in section 163.18 of the Revised Code.	493
Interest shall not accrue on any sums withdrawable as provided in	494
this division.	495

(D) If the award exceeds one hundred twenty-five per cent of	496
the amount the agency deposited with the court, the owner shall be	497
awarded attorney's fees, appraisal fees, and expenses as specified	498
in division (B) of section 163.14 of the Revised Code.	499

Sec. 163.08. (A) Any owner may file an answer to suchthe	500
petition described in section 163.05 of the Revised Code. SuchAny	501
answer shall be verified as in a civil action and shall contain a	502
general denial or specific denial of each material allegation not	503
admitted. The agency's right to make the appropriation, whether	504
the appropriation is for a public use, the inability of the	505
parties to agree, and the necessity for the appropriation shall be	506
resolved by the court in favor of the agency unless such matters	507
are specifically denied in the answer and the facts relied upon in	508
support of such denial are set forth therein, provided, when.	509

(B)(1) When property is taken in time of war or other public	510
exigency, imperatively requiring its immediate seizure or for the	511
purpose of making or repairing roads, which shall be open to the	512
public, without charge, an answer may not deny the right to make	513
the appropriation, the inability of the parties to agree, or the	514
necessity for the appropriation. A	515

(2) A petition for appropriation, filed by the director of	516
transportation, which contains a declaration and journalization of	517
histhe director's intent to construct a state highway or	518
interstate highway, shall constitute a presumption that suchthe	519
appropriation is for the purpose of making or repairing roads	520
which shall be open to the public without charge. At a hearing on	521
an issue whether a taking sought by the director of transportation	522
is for the purpose of making or repairing roads open to the public	523
without charge, a set of construction plans made by or for the	524
director and showing the proposed use of the property in	525
connection with the construction or repair of such a road is	526
presumptive evidence of such purpose, notwithstanding that no	527
money has been appropriated for such construction or repair.	528

(C) An answer shall be served in accordance with Civil Rule	529
12. If the agency involved in the action is a private agency, no	530
more than one extension of the time authorized by Civil Rule 12	531
for serving an answer shall be granted pursuant to Civil Rule 6,	532
and that extension shall not exceed thirty days.	533

Sec. 163.09.  (A) If no answer is filed pursuant to section	534
163.08 of the Revised Code, and no approval ordered by the court	535
to a settlement of the rights of all necessary parties, the court,	536
on motion of a public agency, shall declare the value of the	537
property taken and the damages, if any, to the residue to be as	538
set forth in any document properly filed with the clerk of the	539
court of common pleas by the public agency. In all other cases,	540
the court shall fix a time, within twenty days from the last date	541
that the answer could have been filed, for the assessment of	542
compensation by a jury.	543

(B)(1) When an answer is filed pursuant to section 163.08 of	544
the Revised Code and any of the matters relating to the right to	545
make the appropriation, the inability of the parties to agree,	546
whether the appropriation is for a public use, whether a property	547
is located in a blighted area, or the necessity for the	548
appropriation are specifically denied in the manner provided in	549
that section, the court shall set a day, not less than five or	550
more than fifteen days from the date the answer was filed, to hear	551
those matters. Upon those matters, when the owner has established	552
a prima facie case as to any matter denied, the burden of proof	553
with respect to that matter is upon the owneragency by a	554
preponderance of the evidence. A resolution or ordinance of the	555
governing or controlling body, council, or board of the agency	556
declaring the necessity for the appropriation shall be prima-facie	557
evidence of that necessity in the absence of proof showing an	558
abuse of discretion by the agency in determining that necessity.	559
If,The public necessity of the taking is an issue for the court	560
to determine.	561

(2) If, as to any or all of the property or other interests	562
sought to be appropriated, the court determines the matters in	563
favor of the agency, the court shall set a time for the assessment	564
of compensation by the jury within twenty days from the date of	565
the journalization of that determination. An	566

(3)(a) An owner has a right to an immediate appeal if the	567
order of the court is in favor of the agency in any of the matters	568
the owner denied in the answer.	569

(b) An order of the court in favor of the agency on any of	570
the matters or on qualification under section 163.06 of the	571
Revised Code shallis not be a final order for purposes of appeal.	572
An order of the court against the agency on any of the matters or	573
on the question of qualification under section 163.06 of the	574
Revised Code shall beis a final order for purposes of appeal. If	575

(4) If a public agency has taken possession prior to such an	576
a final order and such an order, after any appeal, that order is	577
against the agency on any of the matters, the agency shall restore	578
the property to the owner in its original condition or respond in	579
damages, which may include the items set forth in division (A)(2)	580
of section 163.21 of the Revised Code, recoverable by civil	581
action, to which the state consents.	582

(C) When an answer is filed pursuant to section 163.08 of the	583
Revised Code, and none of the matters set forth in division (B) of	584
this section is specifically denied, the court shall fix a time	585
within twenty days from the date the answer was filed for the	586
assessment of compensation by a jury.	587

(D) If answers are filed pursuant to divisions (B) and (C) of	588
this section, or an answer is filed on behalf of fewer than all	589
the named owners, the court shall set the hearing or hearings at	590
such times asthat are reasonable under all the circumstances, but	591
in no event later than twenty days after the issues are joined as	592
to all necessary parties or twenty days after rule therefor,	593
whichever is earlier.	594

(E) The court, with the consent of the parties, may order two	595
or more cases to be consolidated and tried together, but the	596
rights of each owner to compensation, damages, or both shall be	597
separately determined by the jury in its verdict.	598

(F) If an answer is filed under section 163.08 of the Revised	599
Code with respect to the value of property appropriated under	600
section 307.08, 504.19, 6101.181, 6115.221, 6117.39, or 6119.11 of	601
the Revised Code as the result of a public exigency, the burden of	602
proof with respect to that value is on the party or parties to the	603
appropriation other than the property owners.	604

(G) In any final, unappealable order that is against the	605
agency as to the necessity of an appropriation, the owner shall be	606
awarded reasonable attorney's fees, expenses, and costs as set	607
forth in division (B) of section 163.21 of the Revised Code.	608

Sec. 163.12.  (A) A view of the premises to be appropriated	609
or of premises appropriated shall be ordered by the court when	610
demandedrequested by a party to the proceedings.	611

(B) The property owners shall open and close the case except	612
that, if the premises are appropriated under section 163.06,	613
307.08, 504.19, 6101.181, 6115.221, 6117.39, or 6119.11 of the	614
Revised Code as the result of a public exigency, the party or	615
parties other than the owners shall open and close the case.	616

(C) The court may amend any defect or informality in	617
proceedings under sections 163.01 to 163.22 of the Revised Code	618
this chapter. The court may cause new parties to be added and	619
direct further notice to be given to a party in interest as the	620
court considers proper.	621

(D) No part of the pleadings, other than the petition, shall	622
be read or exhibited to the jury.	623

Sec. 163.14. (A)(1) In appropriation proceedings the jury	624
shall be sworn to impartially assess the compensation and damages,	625
if any, without deductions for general benefits as to the property	626
of the owner.	627

(2) The jury, in its verdict, shall assess the compensation	628
for the property appropriated and damages, if any, to the residue,	629
to be paid to the owners. When a building or other structure is on	630
the property appropriated or when a building or other structure is	631
situated partly upon the land appropriated and partly upon	632
adjoining land so that the structure cannot be divided upon the	633
line between suchthose lands without manifest injury thereto, the	634
jury, in assessing compensation to any owner of the land, shall	635
assess the value thereof,of such a building as part of the	636
compensation. The title to saidthe structure shall vest in the	637
agency which shall have the right to enter upon theany adjoining	638
land upon which any part of the structure is located for the	639
purpose of removing saidthe structure therefrom, after deposit in	640
accordance with the verdict. SuchThe removal shall be made within	641
ninety days after taking title to the property appropriated;,	642
provided, that the court may extend removal time upon such	643
conditions as the court requires.	644

(3) The jury, in its verdict, shall assess compensation to	645
the owner of a business conducted on the property taken, or on the	646
remainder if the property is partof a larger parcel, for loss of	647
goodwill if the owner proves both of the following:	648

(a) The loss is caused by the taking of the property or the	649
injury to the remainder; and	650

(b) The loss cannot reasonably be prevented by relocation of	651
the business or by taking steps and adopting procedures that a	652
reasonably prudent person would take and adopt in preserving the	653
goodwill.	654

Compensation for loss of goodwill shall not be included in	655
payments made under section 163.53 of the Revised Code and shall	656
not be duplicated in any compensation otherwise awarded to the	657
owner.	658

(B)(1) If the amount of compensation the jury awards to an	659
owner is greater than one hundred twenty-five per cent of the	660
value the agency included in the appropriation petition as the	661
value of the property and the amount offered to the owner in a	662
good faith offer, the court shall award the owner reasonable	663
attorney's fees and expenses incurred or contracted, including	664
appraisal fees.	665

(2) Any award of attorney's fees pursuant to this section	666
shall be in an amount the judge determines appropriate, not to	667
exceed twenty-five per cent of the amount by which the awarded	668
value exceeds the appraised value that was stated on the	669
appropriation petition or, in the case of an appropriation due to	670
exigency, the amount deposited with the court.	671

(3) Any award of expert witness fees shall be in an amount	672
the judge determines appropriate, not to exceed a total of ten	673
thousand dollars. If cases have been consolidated, the judge shall	674
determine the portion of that amount to be distributed on behalf	675
of each parcel included in the consolidated case.	676

(4) The agency shall deposit any amount awarded pursuant to	677
this division with the court for distribution.	678

(C) The verdict shall be signed by at least three-fourths of	679
the members of the jury.	680

(D) If a jury is discharged without rendering a verdict,	681
another shall be impaneled at the earliest convenient time and	682
shall make the inquiry and assessment.	683

Sec. 163.15. (A) As soon as the agency pays to the owner or	684
party entitled thereto or deposits with the court the amount of	685
the award and the costs assessed against the agency, itthe agency	686
may take possession;, provided, that this right of possession	687
shall not be construed to limit the right of a public agency to	688
enter and take possession,due to a public exigency as provided in	689
section 163.06 of the Revised Code. When the owner has accepted	690
the award or all appeals have been exhausted, the agency is	691
entitled to possession the court shall enter an order to such	692
effect upon the record and, if necessary, process shall be issued	693
to place the agency in possession. Whenever	694

(B) Whenever a final journal entry in an appropriation	695
proceeding, granting to this state a fee title or any lesser	696
estate or interest in real property is filed and journalized by	697
the clerk of courts, the clerk of courts shall forthwith transmit	698
to the county auditor a certified copy of saidthe final journal	699
entry whoand the auditor shall transfer the property on histhe	700
books and transmit saidthe entry with proper endorsement to the	701
county recorder for recording. The costs of filing suchthe final	702
journal entry with the county auditor and the county recorder	703
shall be taxed as costs in the appropriation proceedings the same	704
as other costs are taxed under section 163.16 of the Revised Code.	705

Sec. 163.16.  The court costs, including jury fees, of any	706
proceeding shall be paid as the court directs, except as may be	707
provided for in cases subject to division (A)(2) or (B)(1) of	708
section 163.21 of the Revised Codeby the agency that is	709
appropriating the property. The agency may offer to confess	710
judgment for the amount to be stated and the court costs then made	711
in favor of any owner who in any manner enters an appearance or	712
upon whom service has been made. If such owner refuses to accept	713
such offer and as a result of the trial does not receive more, he	714
shall pay all court costs accruing after the offer.	715

Sec. 163.17. (A) Where the agency has the right to take	716
possession of the property before the verdict upon payment into	717
court of a deposit for an appropriation due to a public exigency	718
pursuant to section 163.06 of the Revised Code, and a portion of	719
saidthat deposit may be withdrawn immediately by the owner, the	720
amount of the verdict whichthat exceeds the portion of the	721
deposit withdrawable shall beis subject to interest from the date	722
of taking to the date of actual payment of the award.	723

(B) Where the agency has no right to take possession of the	724
property before the verdict, if the award is not paid to the owner	725
or deposited in court within twenty-one days after journalization	726
of the verdict, interest thereafter shall accrue, except that	727
where the owner appeals, interest shall not accrue until the	728
agency takes possession.	729

(C) If the owner appeals and is granted a larger award,	730
interest shall be paid on the additional amount awarded from the	731
date of taking possession to the date of actual payment or date of	732
deposit with immediate right of withdrawal.	733

(D) If the agency wishes to appeal, it may require the	734
deposit to remain with the court pending final disposition of the	735
case, provided it pays interest on the final award from date of	736
taking possession to the date the money is actually paid or made	737
available to the owner;, provided, the owner may withdraw the	738
entire award upon posting an appropriate refund bond set by the	739
court;, and provided, that where a building or other structure is	740
taken, the court may, on application of the owner, permit the	741
owner to withdraw a reasonable portion of the award allocable to	742
the building without giving bond.	743

(E) If the amount of any deposit actually withdrawn by the	744
owner exceeds the final award from which no appeal is or can be	745
taken, then the owner at the time of entry of judgment on such	746
that award shall refund at once to the court for the account of	747
the agency the amount of such excess plus interest on suchthat	748
excess from the date of withdrawal of suchthe excess until the	749
date of suchthe refund, and upon the failure of the owner to make	750
sucha refund, the agency shall be entitled to a money judgment	751
against the owner.	752

(F) Except for cases involving the department of	753
transportation, interest as provided for in this section shall be	754
at the rate of interest for judgments as set forth in section	755
1343.03 of the Revised Code. In a case involving the appropriation	756
of property by the department of transportation, and the	757
department is the sole public agency seeking to appropriate	758
property in the case, interest as provided for in this section	759
shall be at the per annum rate of either the interest rate as	760
defined and established in division (B) of section 5703.47 of the	761
Revised Code, or ten per cent, whichever is less.	762

Sec. 163.19.  Subject to sections 163.07 and 163.09 of the	763
Revised Code, any party may prosecute appeals as in other civil	764
actions from the judgment of the court. The trial court upon	765
proper terms may suspend the execution of any order; but in all	766
cases where the agency pays or deposits the amount of the award	767
assessed and gives adequate security for any further compensation	768
and costs, as required by the court, the right to take and use the	769
property appropriated shall not be affected by such review by the	770
appellate courts.	771

Any appeal in an appropriation action shall be heard in an	772
expedited manner and any owner shall have the right to an	773
immediate appeal as specified in section 163.09 of the Revised	774
Code.	775

Either party may request, and the court may grant, a stay on	776
appeal, provided that the owner posts a supersedeas bond in an	777
amount the court determines.	778

Sec. 163.20.  An agency may appropriate in accordance with	779
sections 163.01 to 163.22, inclusive, of the Revised Code,this	780
chapter any property in which an interest has been appropriated,	781
in order to perfect title in itself.	782

Sec. 163.21.  (A)(1) If itAn agency that has not taken	783
possession of property that is appropriated, an agency may abandon	784
appropriation proceedings under sections 163.01 to 163.22 of the	785
Revised Codethis chapter at any time after the proceedings are	786
commenced but not later than ninety days after the final	787
determination of the cause.	788

(2) In all cases of abandonment as described in division	789
(A)(1) of this section, the court shall enter a judgment against	790
the agency for costs, including jury fees, and shall enter a	791
judgment in favor of each affected owner, in amounts that the	792
court considers to be just, for each of the following that the	793
owner incurred:	794

(a) Witness fees, including expert witness fees, appraisal	795
fees, and engineering fees;	796

(b) Attorney's fees;

797

(c) Other actual and reasonable costs, expenses, and	798
disbursements.	799

(B)(1) Except as provided in division (B)(2) of this section,	800
if inIn appropriation proceedings under sections 163.01 to 163.22	801
of the Revised Codethis chapter or, as authorized by divisions	802
(A) and (B), (C), and (D) of section 163.02 of the Revised Code,	803
infor appropriation proceedings under other sections of the	804
Revised Code, if the court determines that an agency is not	805
entitled to appropriate particular property, the court shall enter	806
both of the following:	807

(a) A judgment against the agency for costs, including jury	808
fees;	809

(b) A judgment in favor of each affected owner, in amounts	810
that the court considers to be just, for the owner's reasonable	811
costs, disbursements, and expenses, to include witness fees,	812
including expert witness fees, for attorney's fees, appraisal and	813
engineering fees, and for other actual expenses that the owner	814
incurred in connection with the proceedings.	815

(2) This division does not apply to a state agency that is	816
subject to section 163.62 of the Revised Code in connection with	817
condemnation proceedingsAny award to an owner pursuant to this	818
section shall be paid by the head of the agency for whose benefit	819
the appropriation proceedings were initiated.	820

Sec. 163.211. (A) If an agency abandons a project or decides	821
not to use appropriated property for the purpose stated in the	822
appropriation petition, the prior owner from whom the property was	823
appropriated may repurchase the property if that owner provided	824
timely notice to the agency that the owner desires to repurchase	825
the property and the agency has not conveyed or transferred title	826
to the property to another person or agency.	827

(B) The right of repurchase is extinguished five years after	828
the agency acquires the property or prior to that time if any of	829
the following occur:	830

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

831

(2) The prior owner fails to repurchase the property within	832
sixty days after the agency offers the property for repurchase;	833

(3) The property qualified as blighted property at the time	834
it was appropriated.	835

(C) Nothing in this section affects the authority of the	836
director of transportation to convey unneeded property pursuant to	837
division (F) of section 5501.34 of the Revised Code.	838

(D) The fair market value of the property that an owner may	839
repurchase pursuant to this section may be determined by mutual	840
agreement of the owner and the agency. If they are unable to	841
agree, the court shall determine the fair market value. The owner	842
shall pay for the property the lesser of that fair market value	843
that the court determines or the price the agency paid for the	844
acquisition, increased by the amount by which the consumer price	845
index increased since that acquisition.	846

Sec. 163.22.  All proceedings brought under sections 163.01	847
to 163.22 of the Revised Codethis chapter shall be governed by	848
the law applicable in civil actions and the Rules of Civil	849
Procedure, including, but not limited to, the rules governing	850
discovery, except as otherwise provided in those sections. The	851
proceedings shall be advanced as a matter of immediate public	852
interest and concern and shall be heard by the court at the	853
earliest practicable moment.	854

Sec. 163.52.  (A) The failure of an acquiring agency to	855
satisfy a requirement of section 163.59 of the Revised Code does	856
not affect the validity of any property acquisition by purchase or	857
condemnationappropriation.	858

(B) Nothing in sections 163.51163.52 to 163.62 of the	859
Revised Code shall be construed as creating, in any condemnation	860
appropriation proceeding brought under the power of eminent	861
domain, any element of value or damage not in existence	862
immediately prior to June 11, 1971.	863

Sec. 163.53.  (A) Whenever the acquisition of real property	864
for a program or project undertaken by a displacingan agency will	865
result in the displacement of any person, the head of the agency	866
shall make a payment to any displaced person, upon proper	867
application as approved by suchthe agency head, for all of the	868
following:	869

(1) Actual reasonable expenses in moving himselfthe person,	870
hisand the person's family, business, farm operation, or other	871
personal property;	872

(2) Actual direct losses of tangible personal property as a	873
result of moving or discontinuing a business or farm operation,	874
but not to exceed an amount equal to the reasonable expenses that	875
would have been required to relocate suchthe property, as	876
determined by the head of the displacing agency;	877

(3) Actual reasonable expenses in searching for a replacement	878
business or farm, not to exceed twenty-five hundred dollars;	879

(4) Actual and reasonable expenses necessary to reestablish a	880
displaced farm, nonprofit organization, or small business at its	881
new site, but not to exceed ten thousand dollars.	882

(B) Any displaced person eligible for payments under division	883
(A) of this section who is displaced from a dwelling and who	884
elects to accept the payments authorized by this divisionmay	885
elect, in lieu of the payments authorized by division (A) of this	886
section may, to receive an expense and dislocation allowance,	887
determined according to a schedule established by the head of the	888
displacing agency.	889

(C) Any displaced person eligible for payments under division	890
(A) of this section who is displaced from histhe person's place	891
of business or from histhe person's farm operation may qualify	892
for the payment authorized by this division in lieu of the payment	893
authorized by division (A) of this section. The payment authorized	894
by this division shall consist of a fixed payment in an amount to	895
be determined according to criteria established by the head of the	896
lead agencybased on the average annual net income of the business	897
or farm operation for the two years prior to the displacement,	898
except that such payment shall be not less than one thousand	899
dollars nor more than twenty thousand dollars. A person whose sole	900
business at the displacement dwelling is the rental of suchthe	901
property to others does not qualify for a payment under this	902
division.	903

(D)(1) Except as provided in section 5501.51 of the Revised	904
Code, if a program or project undertaken by a displacingan agency	905
results in the relocation of a utility facility, and the purpose	906
of the program or project was not to relocate or reconstruct any	907
utility facility;, and if the owner of the utility facility which	908
that is being relocated under suchthe program or project has	909
entered into a franchise or similar agreement with the state or	910
local government on whose property, easement, or right-of-way such	911
the facility is located with respect to the use of suchthe	912
property, easement, or right-of-way;, and if the relocation of	913
suchthe facility results in suchthe owner incurring an	914
extraordinary cost in connection with suchthe relocation; then,	915
the displacing agency may, in accordance with such rules as the	916
head of the lead agency may adoptadopts, provide to suchthe	917
owner a relocation payment whichthat may not exceed the amount of	918
suchany extraordinary cost, less any increase in the value of the	919
new utility facility above the value of the old utility facility,	920
and less any salvage value derived from the old utility facility.	921

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

922

(a) "Extraordinary cost in connection with a relocation"	923
means any cost incurred by the owner of a utility facility in	924
connection with relocation of suchthe facility that is determined	925
by the head of the displacing agency, under such rules as the head	926
of the lead agency shall adoptadopts, to be a nonroutine	927
relocation expense, to be a cost that owner ordinarily does not	928
include in its annual budget as an expense of operation, and to	929
meet such other requirements as the lead agency may prescribe in	930
such rulesby rule.	931

(b) "Utility facility" means any electric, gas, water, steam	932
power, or materials transmission or distribution system; any	933
transportation system; any communications system, including cable	934
television; and any fixture, equipment, or other property	935
associated with the operation, maintenance, or repair of any such	936
system; which is located on property owned by a state or local	937
government or over which a state or local government has an	938
easement or right-of-way. A utility facility may be publicly,	939
privately, or cooperatively owned.	940

Sec. 163.54.  (A) In addition to payments this chapter	941
otherwise authorized by sections 163.51 to 163.62 of the Revised	942
Codeauthorizes, the head of the displacing agency displacing the	943
owner shall make an additional payment not to exceed twenty-two	944
thousand five hundred dollars to any displaced person who is	945
displaced from a dwelling actually owned and occupied by himthe	946
person for not less than one hundred eighty days prior to the	947
initiation of negotiations for the acquisition of the property.	948
Such additional payment shall include the following elements:	949

(1) The amount, if any, which when added to the acquisition	950
cost of the dwelling acquired by the displacing agency, equals the	951
reasonable cost of a comparable replacement dwelling.	952

(2) The amount, if any, which will compensate the displaced	953
person for any increased interest costs and other debt service	954
costs which the person is required to pay for financing the	955
acquisition of a comparable replacement dwelling. This amount	956
shall be paid only if the dwelling acquired by the displacing	957
agency was encumbered by a bona fide mortgage whichthat was a	958
valid lien on the dwelling for not less than one hundred eighty	959
days prior to the initiation of negotiations for the acquisition	960
of the dwelling.	961

(3) Reasonable expenses the person incurred by the displaced	962
person for evidence of title, recording fees, and other closing	963
costs incident to the purchase of the replacement dwelling, but	964
not including prepaid expenses.	965

(B) The additional payment authorized by this section shall	966
this section authorizes may be made only to a displaced person who	967
purchases and occupies a replacement dwelling whichthat is	968
decent, safe, and sanitary not later than the end of the one-year	969
period beginning on the date on which hethe person receives from	970
the displacing agency final payment of all costs of the acquired	971
dwelling, or on the date on which the displacing agency's	972
obligation under division (B)(3) of section 163.56 of the Revised	973
Code is met, whichever is later, except that the displacing agency	974
may extend the period for good cause. If the period is extended,	975
the payment under this section shall be based on the costs of	976
relocating the person to a comparable replacement dwelling within	977
one year after the displaced person receives from the displacing	978
agency final payment of all costs of the acquired dwelling.	979

Sec. 163.55.  (A) In addition to amounts this chapter	980
otherwise authorized by sections 163.51 to 163.62 of the Revised	981
Codeauthorizes, the head of a displacingan agency shall make a	982
rent supplement payment to or for any displaced person displaced	983
from any dwelling not eligible to receive a payment under section	984
163.54 of the Revised Code whichif the dwelling was actually and	985
lawfully occupied by suchthe displaced person for not less than	986
ninety days prior to the initiation of negotiations for	987
acquisition of suchthe dwelling, or in any case in which	988
displacement is not a direct result of acquisition, not less than	989
ninety days prior to such other event as the head of the lead	990
agency shall prescribeprescribes. The payment shall consist of	991
the amount necessary to enable the displaced person to lease or	992
rent for a period not to exceed forty-two months, a comparable	993
replacement dwelling, but not to exceed five thousand two hundred	994
fifty dollars. At the discretion of the head of the displacing	995
agency, a payment under this division may be made in periodic	996
installments. Computation of a payment under this division to a	997
low-income displaced person shall take into account the person's	998
income.	999

(B) Any person eligible for a payment under division (A) of	1000
this section may elect to apply the payment to a down payment on,	1001
and other incidental expenses pursuant to, the purchase of a	1002
decent, safe, and sanitary replacement dwelling. The person may,	1003
under criteria established by the head of the displacing agency,	1004
beis eligible under this division for the maximum payment allowed	1005
greater of five thousand two hundred fifty dollars or the amount	1006
the person would have received under division (A) of this section,	1007
except that, in the case of a displaced home owner who has owned	1008
and occupied the displacement dwelling for at least ninety days	1009
but not more than one hundred eighty days immediately prior to the	1010
initiation of negotiations for the acquisition of suchthe	1011
dwelling, the payment shall not exceed the payment the person	1012
would otherwise have received under section 163.54 of the Revised	1013
Code had the person owned and occupied the displacement dwelling	1014
one hundred eighty days immediately prior to the initiation of the	1015
negotiations.	1016

Sec. 163.56.  (A)(1) Projects or programs that cause persons	1017
to be displaced persons shall be planned in a manner that	1018
recognizes, at an early stage in the planning of suchthose	1019
programs or projects and before the commencement of any actions	1020
action that will cause displacements, the problems associated with	1021
the displacement of individuals, families, businesses, and farm	1022
operations, and in a manner that provides for the resolution of	1023
suchthose problems in order to minimize adverse impacts on	1024
displaced persons and to expedite program or project advancement	1025
and completion.	1026

(2) Whenever a program or project undertaken by a displacing	1027
an agency undertakes will result in the displacement of any	1028
person, the head of the displacingthat agency shall provide a	1029
relocation assistance advisory program for displaced persons which	1030
shall offer the services described in division (B) of this	1031
section. If the head of the displacing agency determines that any	1032
person occupying property immediately adjacent to the real	1033
property acquired is caused substantial economic injury because of	1034
the acquisition, hethe head of the agency may offer that person	1035
relocation advisory services under the program.	1036

(B) Each relocation assistance advisory program required by	1037
division (A) of this section shall include suchany measures,	1038
facilities, or services as may be necessary or appropriate in	1039
order to do all of the following:	1040

(1) Determine the need, if any, of displaced persons for	1041
relocation assistance;	1042

(2) Provide current and continuing information on the	1043
availability, prices, and rentals, of comparable decent, safe, and	1044
sanitary sales and rental housing, and of suitable commercial	1045
properties and locations for displaced businesses and farm	1046
operations;	1047

(3) Assure that, within a reasonable period of time, prior to	1048
any displacement there will be available comparable replacement	1049
dwellings, as defined by the head of the displacing agency	1050
defines, equal in number to the number of and available to the	1051
displaced persons who require such dwellings, except that the head	1052
of the displacing agency may prescribe by regulationrule	1053
situations when such assurances may be waived;	1054

(4) Assist a displaced person displaced from histhe	1055
displaced person's business or farm operation in obtaining and	1056
becoming established in a suitable replacement location;	1057

(5) Supply information concerning federal and state housing	1058
programs, disaster loan programs, and other federal or state	1059
programs offering assistance to displaced persons;	1060

(6) Provide other advisory services to displaced persons in	1061
order to minimize hardships to them in adjusting to relocation.	1062

Sec. 163.57.  (A) If a project cannot proceed to actual	1063
construction because comparable replacement sale or rental housing	1064
is not available, and the head of the displacing agency determines	1065
that suchcomparable housing cannot otherwise be made available,	1066
hethe head may take suchany action as is necessary or	1067
appropriate to provide suchthat housing by use of funds	1068
authorized for suchthe project. The head of the displacing agency	1069
may use this section to exceed the maximum amounts whichthat may	1070
be paid under sections 163.54 and 163.55 of the Revised Code on a	1071
case-by-case basis for good cause as determined in accordance with	1072
rules adoptedthe head adopts under Chapter 119. of the Revised	1073
Code by the head of the lead agency.	1074

(B) No person shall be required to move from hisa dwelling	1075
on account of any project, unless the displacing agency head is	1076
satisfied that replacement housing, in accordance with section	1077
163.56 of the Revised Code, is available to suchthe person.	1078

(C) The acquisition of replacement housing sites and the	1079
acquisition, rehabilitation, relocation, and construction of	1080
replacement housing shall be considered to be for a public	1081
purpose, and displacing agencies may properly expend their	1082
respective funds to carry out the purposes of sections 163.51	1083
163.52 to 163.62 of the Revised Code.	1084

(D) In order to prevent unnecessary expenses and duplications	1085
of functions, and to promote uniform and effective administration	1086
of relocation assistance programs for displaced persons under	1087
sections 163.51163.52 to 163.62 of the Revised Code, a displacing	1088
agency may enter into contracts with any individual, firm,	1089
association, or corporation for services in connection with such	1090
programs, or may carry out its functions under sections 163.51	1091
163.52 to 163.62 of the Revised Code through any federal or state	1092
governmental agency or instrumentality having an established	1093
organization for conducting relocation assistance programs. The	1094
displacing agency shall, in carrying out the relocation assistance	1095
activities described in this section, whenever practicable,	1096
utilize the services of state or local housing agencies, or other	1097
agencies having experience in the administration or conduct of	1098
similar housing assistance activities.	1099

Sec. 163.58.  (A) Except as otherwise provided in rules	1100
adopted under division (B) of this section, the head of each	1101
displacingany agency is authorized todisplacing persons pursuant	1102
to this chapter may establish such regulations and procedures as	1103
he may determine to bethe head of the agency determines necessary	1104
to assure:	1105

(1) That the payments and assistance authorized by sections	1106
163.51163.52 to 163.62 of the Revised Code shall beare	1107
administered in a manner whichthat is fair and reasonable, and as	1108
uniform as practicable;	1109

(2) That a displaced person who makes proper application for	1110
a payment authorized for such person by sections 163.51163.52 to	1111
163.62 of the Revised Code shall be paid promptly after a move or,	1112
in hardship cases, be paid in advance;	1113

(3) That any person aggrieved by a determination as to	1114
eligibility for aan authorized payment authorized by such	1115
sections, or the amount of a payment, may have histhe application	1116
reviewed by the head of the displacing agency having authority	1117
over the applicable program or project.	1118

(B) Notwithstanding any provision of the Revised Code to the	1119
contrary, the lead agency shall adopt such rules as may be	1120
necessary to implement sections 163.51163.52 to 163.62 of the	1121
Revised Code in a manner whichthat is as fair, reasonable, and	1122
uniform as practicable. As used in this section, "lead agency"	1123
means the state agency that the governor shall designate to carry	1124
out the duties prescribed by this division.	1125

Sec. 163.59.  In order to encourage and expedite the	1126
acquisition of real property by agreements with owners, to avoid	1127
litigation and relieve congestion in the courts, to assure	1128
consistent treatment for owners in the many state and federally	1129
assisted programs, and to promote public confidence in public land	1130
acquisition practices, heads of acquiring agencies acquiring real	1131
property pursuant to this chapter shall do or ensure the	1132
acquisition satisfies all of the following:	1133

(A) TheThat the head of an acquiringthe agency shall make	1134
makes every reasonable effort to acquire expeditiously real	1135
property by negotiation.	1136

(B) In order for an acquiring agency to acquire real	1137
property, theThe acquisition shall beis for a defined public	1138
purpose that is to be achieved in a defined and reasonable period	1139
of time. An acquisition of real property that complies with	1140
section 5501.31 of the Revised Code satisfies the defined public	1141
purpose requirement of this division.	1142

(C) Real property to be acquired shall beis appraised before	1143
the initiation of negotiations, and the owner or the owner's	1144
designated representative shall beis given a reasonable	1145
opportunity to accompany the appraiser during the appraiser's	1146
inspection of the property, except that the. The head of the lead	1147
agency may prescribe a procedure to waive the appraisal in cases	1148
involving the acquisition by sale or donation of property with a	1149
low fair market value, in which case, the agency shall provide a	1150
summary appraisal or a written statement that describes how the	1151
agency determined the value of the property. If the appraisal	1152
values the property to be acquired at more than ten thousand	1153
dollars, the head of the acquiring agency concerned shall make	1154
every reasonable effort to provide a copy of the appraisal,	1155
summary appraisal, or written statement of value to the owner	1156
pursuant to section 163.04 of the Revised Code. As used in this	1157
section, "appraisal" means a written statement independently and	1158
impartially prepared by a qualified appraiser, or a written	1159
statement prepared by an employee of the acquiring agency who is a	1160
qualified appraiser, setting forth an opinion of defined value of	1161
an adequately described property as of a specified date, supported	1162
by the presentation and analysis of relevant market information.	1163

(D) Before the initiation of negotiations for real property,	1164
the head of the acquiring agency concerned shall establish an	1165
amount that the head of the acquiring agency believes to be just	1166
compensation for the property and shall make a prompt offer to	1167
acquire the property for no less than the full amount so	1168
established. In no event shall that amount be less than the	1169
agency's approved appraisal of the fair market value of the	1170
property. Any decrease or increase in the fair market value of	1171
real property prior to the date of valuation caused by the public	1172
improvement for which the property is acquired, or by the	1173
likelihood that the property would be acquired for that	1174
improvement, other than that due to physical deterioration within	1175
the reasonable control of the owner, will be disregarded in	1176
determining the compensation for the property.	1177

The head of the acquiring agency concerned shall provide the	1178
owner of real property to be acquired with a written statement of,	1179
and summary of the basis for, the amount that the head of the	1180
acquiring agency established as just compensation. Where	1181
appropriate, the just compensation for real property acquired and	1182
for damages to remaining real property shall be separately stated.	1183

The owner shall be given a reasonable opportunity to consider	1184
the agency's offer of the acquiring agency for the real property,	1185
to present material that the owner believes is relevant to	1186
determining the fair market value of the property, and to suggest	1187
modification in the proposed terms and conditions of the	1188
acquisition. The acquiring agency shall consider the owner's	1189
presentation and suggestions.	1190

(E) If information presented by the owner or a material	1191
change in the character or condition of the real property	1192
indicates the need for new appraisal information, or if a period	1193
of more than two years has elapsed since the time of the appraisal	1194
of the property, the head of the acquiring agency concerned shall	1195
have the appraisal updated or obtain a new appraisal. If updated	1196
appraisal information or a new appraisal indicates that a change	1197
in the acquisition offer is warranted, the head of the acquiring	1198
agency shall promptly reestablish the amount of the just	1199
compensation for the property and offer that amount to the owner	1200
in writing.	1201

(F) No owner shall be required to surrender possession of	1202
real property before the acquiring agency concerned pays the	1203
agreed purchase price, or deposits with the court for the benefit	1204
of the owner an amount not less than the agency's approved	1205
appraisal of the fair market value of the property, or the amount	1206
of the award of compensation in the condemnation proceeding for	1207
the property.	1208

(G) The construction or development of a public improvement	1209
shall be so scheduled so that no person lawfully occupying real	1210
property shall be required to move from a dwelling, or to move the	1211
person's business or farm operation, without at least ninety days'	1212
written notice from the head of the acquiring agency concerned of	1213
the date by which the move is required.	1214

(H) If the head of an acquiring agency permits an owner or	1215
tenant to occupy the real property acquired on a rental basis for	1216
a short term or for a period subject to termination on short	1217
notice, the amount of rent required shall not exceed the fair	1218
rental value of the property to a short-term occupier.	1219

(I) In no event shall the head of an acquiring agency either	1220
advance the time of condemnation, or defer negotiations or	1221
condemnation and the deposit of funds in court for the use of the	1222
owner, or take any other action coercive in nature, in order to	1223
compel an agreement on the price to be paid for the real property.	1224

(J) When any interest in real property is acquired by an	1225
appropriation pursuant to this chapter or otherwise by exercise of	1226
the power of eminent domain, the head of the acquiring agency	1227
concerned shall institute the formal condemnationappropriation	1228
proceedings pursuant to this chapter. No head of an acquiring	1229
agency shall intentionally make it necessary for an owner to	1230
institute legal proceedings to prove the fact of the taking of the	1231
owner's real property.	1232

(K) If the acquisition of only part of a property would leave	1233
its owner with an uneconomic remnant, the head of the acquiring	1234
agency concerned shall offer to acquire that remnant. For the	1235
purposes of this division, an uneconomic remnant is a parcel of	1236
real property in which the owner is left with an interest after	1237
the partial acquisition of the owner's property and which the head	1238
of the agency concerned has determined has little or no value or	1239
utility to the owner.	1240

An acquisition of real property may continue while an	1241
acquiring agency carries out the requirements of divisions (A) to	1242
(K) of this section.	1243

This section applies only when the acquisition of real	1244
property may result in an exercise of the power of eminent domain.	1245

Sec. 163.60.  (A) If the head of a statean agency acquires	1246
any interest in real property pursuant to this chapter or	1247
otherwise, hethe head shall acquire at least an equal interest in	1248
all buildings, structures, or other improvements located upon the	1249
real property so acquired and which hethat the head requires to	1250
be removed from such realthe property or which hethat the head	1251
determines will be adversely affected by the use to which such	1252
realthe property will be put.	1253

(B) For the purpose of determining the just compensation to	1254
be paid for any building, structure, or other improvement required	1255
to be acquired by division (A) of this section, suchthe building,	1256
structure, or other improvement shall be deemed to be a part of	1257
the real property to be acquired notwithstanding the right or	1258
obligation of a tenant, as against the owner of any other interest	1259
in the real property, to remove suchthe building, structure, or	1260
improvement at the expiration of histhe tenant's term, and the	1261
fair market value which suchthat the building, structure, or	1262
improvement contributes to the fair market value of the real	1263
property to be acquired, or the fair market value of suchthe	1264
building, structure, or improvement for removal from the real	1265
property, whichever is the greater, shall be paid to the tenant	1266
therefor.	1267

(C) Payment under this section shall not result in	1268
duplication of any payments otherwise authorized by law. No such	1269
payment under this section shall be made unless the owner of the	1270
land involved disclaims all interest in the improvements of the	1271
tenant. In consideration for any such payment, the tenant shall	1272
assign, transfer, and release all histhe tenant's right, title,	1273
and interest in and to such improvements.	1274

Sec. 163.61.  The head of a statean agency, as soon as	1275
practicable after the date of payment of the purchase price or the	1276
date of deposit in court of funds to satisfy the award of	1277
compensation in a condemnationan appropriation proceeding to	1278
acquire real property, whichever is the earlier, shall reimburse	1279
the owner, to the extent the head of such agency considers fair	1280
and reasonable, for expenses hethe owner necessarily incurred	1281
for:	1282

(A) Transfer taxes, and similar expenses incidental to	1283
conveying such real property to the state agency;	1284

(B) Penalty costs for prepayment of any pre-existing recorded	1285
mortgage entered into in good faith encumbering suchthe real	1286
property;	1287

(C) The pro rata portion of any real property taxes paid	1288
which are allocable to a period subsequent to the date of vesting	1289
title in the state or state agency, or the effective date of	1290
possession of suchthe real property by the agency, whichever is	1291
the earlier.	1292

Sec. 163.62. (A) The court having jurisdiction of a	1293
proceeding instituted by a statean agency to acquire real	1294
property by condemnationpursuant to this chapter shall award the	1295
owner of any right, or title to, or interest in, suchthat real	1296
property such sum as will in the opinion of the court reimburse	1297
such owner for his reasonable costs, disbursements, and expenses,	1298
including reasonable attorney, appraisal, and engineering fees,	1299
actually incurred because of the condemnation proceeding, if	1300
either:	1301

(1) The final judgment is that the agency cannot acquire the	1302
real property by condemnation; or	1303

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

1304

(B) Any award made pursuant to division (A) of this section	1305
shall be paid by the head of the agency for whose benefit the	1306
condemnation proceeding was institutedpursuant to section 163.21	1307
of the Revised Code.	1308

Sec. 163.63. Any reference in the Revised Code to an	1309
authority to acquire real property by "condemnation" or to take	1310
real property pursuant to a power of eminent domain is deemed to	1311
be an appropriation of real property and any such taking or	1312
acquisition shall be made pursuant to this chapter. Any section of	1313
the Revised Code that authorizes the appropriation of real	1314
property pursuant to sections 163.01 to 163.22 of the Revised Code	1315
is an authority to appropriate real property pursuant to this	1316
chapter and that appropriation shall be made pursuant to this	1317
chapter.	1318

Sec. 303.26.  As used in sections 303.26 to 303.56,	1319
inclusive, of the Revised Code, unless a different meaning is	1320
clearly indicated by the context:	1321

(A) "Municipality" means any incorporated city or village of	1322
the state.	1323

(B) "Public body" means the state, any county, municipality,	1324
township, board, commission, authority, district, or other	1325
subdivision.	1326

(C) "Federal government" means the United States or any	1327
agency or instrumentality, corporate or otherwise thereof.	1328

(D) "Slum area" means an area within a county but outside the	1329
corporate limits of any municipality, in which area there is a	1330
predominance of buildings or improvements, whether residential or	1331
nonresidential, which by reason of dilapidation, deterioration,	1332
age or obsolescence, inadequate provision for ventilation, light,	1333
air, sanitation, or open spaces, high density of population and	1334
overcrowding, or the existence of conditions which endanger life	1335
or property, by fire and other causes, or any combination of such	1336
factors is conducive to ill health, transmission of disease,	1337
infant mortality, juvenile delinquency, or crime, and is	1338
detrimental to the public health, safety, morals, or welfare.	1339

(E) "Blighted area" means an area within a county but outside	1340
the corporate limits of any municipality, which area by reason of	1341
the presence of a substantial number of slum, deteriorated, or	1342
deteriorating structures, predominance of defective or inadequate	1343
street layout, faulty lot layout in relation to size, adequacy,	1344
accessibility, or usefulness, insanitary or unsafe conditions,	1345
deterioration of site or other improvements, diversity of	1346
ownership, tax or special assessment delinquency exceeding the	1347
fair value of the land, defective or unusual conditions to title,	1348
or the existence of conditions which endanger life or property by	1349
fire and other causes, or any combination of such factors,	1350
substantially impairs or arrests the sound growth of a county,	1351
retards the provision of housing accommodations, or constitutes an	1352
economic or social liability and is a menace to the public health,	1353
safety, morals, or welfare in its present condition and usehas	1354
the meaning defined in section 1.08 of the Revised Code.	1355

If suchany blighted area consists of open land, the	1356
provisions of section 303.34 of the Revised Code shall apply.	1357

Any disaster area referred to in section 303.36 of the	1358
Revised Code shall constituteconstitutes a "blighted area".	1359

(F)(E) "County renewal project" may include undertakings and	1360
activities of a county in a county renewal area for the	1361
elimination and for the prevention of the development or spread of	1362
slums and blight, and may involve slum clearance and redevelopment	1363
in a county renewal area, or rehabilitation or conservation in a	1364
county renewal area, or any combination or part thereof, in	1365
accordance with a county renewal plan, and such aforesaid	1366
undertakings and activities may include acquisition of a slum area	1367
or a blighted area, or portion thereof; demolition and removal of	1368
buildings and improvements; installation, construction, or	1369
reconstruction of streets, utilities, parks, playgrounds, and	1370
other improvements necessary for carrying out in the county	1371
renewal area the county renewal objectives of sections 303.26 to	1372
303.56, inclusive, of the Revised Code in accordance with the	1373
county renewal plan; disposition of any property acquired in the	1374
county renewal area, including sale, initial leasing, or retention	1375
by the county itself, at its fair value for uses in accordance	1376
with the county renewal plan; carrying out plans for a program of	1377
voluntary or compulsory repair and rehabilitation of buildings or	1378
other improvements in accordance with the county renewal plan; and	1379
acquisition of any other real property in the county renewal area	1380
where necessary to eliminate unhealthful, insanitary, or unsafe	1381
conditions; lessen density, eliminate obsolete, or other uses	1382
detrimental to the public welfare, or otherwise to remove or	1383
prevent the spread of blight or deterioration, or to provide land	1384
for needed public facilities.	1385

(G)(F) "County renewal area" means a slum area or a blighted	1386
area or a combination thereof which the board of county	1387
commissioners designates as appropriate for a county renewal	1388
project.	1389

(H)(G) "County renewal plan" means a plan, as it exists from	1390
time to time, for a county renewal project, which plan shall	1391
conform to the general plan for the county, except as provided in	1392
section 303.36 of the Revised Code, and shall be sufficiently	1393
complete to indicate such land acquisition, demolition, and	1394
removal of structures, redevelopment, improvements, and	1395
rehabilitation as may be proposed to be carried out in the county	1396
renewal area, zoning, and planning changes, if any, land uses,	1397
maximum densities, building requirements, and the plan's	1398
relationship to definite local objectives respecting appropriate	1399
land uses, improved traffic, public transportation, public	1400
utilities, recreational and community facilities, and other public	1401
improvements.	1402

(I)(H) "Redevelopment" and derivatives thereof, when used	1403
with respect to a county renewal area, mean development as well as	1404
redevelopment.	1405

(J)(I) "Real property" includes all lands, including	1406
improvements and fixtures thereon, and property of any nature	1407
appurtenant thereto, or used in connection therewith, and every	1408
estate, interest, right, and use, legal or equitable, therein,	1409
including terms for years and liens by way of judgment, mortgage,	1410
or otherwise.	1411

(K)(J) "Person" means any individual, firm, partnership,	1412
corporation, company, association, joint stock association, or	1413
body politic, and includes any trustee, receiver, assignee, or	1414
other person acting in a similar representative capacity.	1415

(L)(K) "Obligee" includes any bondholder, agents, or trustees	1416
for any bondholders, or lessor demising to the county property	1417
used in connection with a county renewal project, or any assignee	1418
or assignees of such lessor's interest or any part thereof, and	1419
the federal government when it is a party to any contract with the	1420
county.	1421

(M)(L) "Bond," as used in section 303.46 of the Revised Code,	1422
means bonds, including refunding bonds, notes, interim	1423
certificates of special indebtedness, debentures, or other	1424
obligations of a county, payable and secured as authorized by	1425
section 303.46 of the Revised Code.	1426

Sec. 719.012.  In order to rehabilitate a building or	1427
structure that a municipal corporation determines to be a threat	1428
to the public health, safety, or welfare; that has been declared	1429
to be a public nuisance under Chapter 3707., 3709., or 3781. of	1430
the Revised Code; and that either has been found to be insecure,	1431
unsafe, structurally defective, unhealthful, or unsanitary under	1432
sections 715.26 to 715.30 of the Revised Code or violates a	1433
building code or ordinance adopted under section 731.231blighted	1434
property of the Revised Code, a municipal corporation may	1435
appropriate, in the manner provided in sections 163.01 to 163.22	1436
Chapter 163. of the Revised Code, any such building or structure	1437
and the real property of which it is a part. The municipal	1438
corporation shall rehabilitate the building or structure or cause	1439
it to be rehabilitated within two years after the appropriation,	1440
so that the building or structure is no longer a public nuisance,	1441
insecure, unsafe, structurally defective, unhealthful, or	1442
unsanitary, or a threat to the public health, safety, or welfare,	1443
or in violation of a building code or ordinance adopted under	1444
section 731.231 of the Revised Code. Any building or structure	1445
appropriated pursuant to this section which is not rehabilitated	1446
within two years shall be demolished.	1447

If during the rehabilitation process the municipal	1448
corporation retains title to the building or structure and the	1449
real property of which it is a part, then within one hundred	1450
eighty days after the rehabilitation is complete, the municipal	1451
corporation shall appraise the rehabilitated building or structure	1452
and the real property of which it is a part, and shall sell the	1453
building or structure and property at public auction. The	1454
municipal corporation shall advertise the public auction in a	1455
newspaper of general circulation in the municipal corporation once	1456
a week for three consecutive weeks prior to the date of sale. The	1457
municipal corporation shall sell the building or structure and	1458
real property to the highest and best bidder. No property that a	1459
municipal corporation acquires pursuant to this section shall be	1460
leased.	1461

Sec. 725.01.  As used in sections 725.01 to 725.11 of the	1462
Revised Code:	1463

(A) "Slum area" means an area within a municipal corporation,	1464
in which area there is a predominance of buildings or	1465
improvements, whether residential or nonresidential, which by	1466
reason of dilapidation, deterioration, age or obsolescence,	1467
inadequate provision for ventilation, light, air, sanitation, or	1468
open spaces, high density of population and overcrowding, or the	1469
existence of conditions which endanger life or property, by fire	1470
and other causes, or any combination of such factors, is conducive	1471
to ill health, transmission of disease, infant mortality, juvenile	1472
delinquency, or crime, and is detrimental to public health,	1473
safety, morals, or welfare.	1474

(B) "Blighted area" means an area within a municipal	1475
corporation, which area by reason of the presence of a substantial	1476
number of slums, deteriorated or deteriorating structures,	1477
predominance of defective or inadequate street layout, faulty lot	1478
layout in relation to size, adequacy, accessibility, or	1479
usefulness, unsanitary or unsafe conditions, deterioration of site	1480
or other improvements, diversity of ownership, tax or special	1481
assessment delinquency exceeding the fair value of the land,	1482
defective or unusual conditions to title, or the existence of	1483
conditions which endanger life or property by fire and other	1484
causes, or any combination of such factors, substantially impairs	1485
or arrests the sound growth of a municipal corporation, retards	1486
the provision of housing accommodations, or constitutes an	1487
economic or social liability and is a menace to the public health,	1488
safety, morals, or welfare in its present condition and use.	1489

(C)(A)(1) "Development agreement" means an agreement that	1490
includes as a minimum all of the following agreements between a	1491
municipal corporation as obligee and the following parties as	1492
obligors:	1493

(a) An agreement to construct or rehabilitate the structures	1494
and facilities described in the development agreement on real	1495
property described in the agreement situated in an urban renewal	1496
area, the obligor of such agreement to be a party determined by	1497
the legislative authority of the municipal corporation to have the	1498
ability to perform or cause the performance of the agreement;	1499

(b) The agreement required by section 725.04 of the Revised	1500
Code, the obligor of the agreement to be the owner or owners of	1501
the improvements to be constructed or rehabilitated;	1502

(c) An agreement of the owner or owners of the fee simple of	1503
the real property to which the development agreement pertains, as	1504
obligor, that the owner or owners and their successors and assigns	1505
shall use, develop, and redevelop the real property in accordance	1506
with, and for the period of, the urban renewal plan and shall so	1507
bind their successors and assigns by appropriate agreements and	1508
covenants running with the land enforceable by the municipal	1509
corporation.	1510

(2) A municipal corporation on behalf of the holders of urban	1511
renewal bonds may be the obligor of any of the agreements	1512
described in division (C)(A)(1) of this section.	1513

(D)(B) "Revenues" means all rentals received under leases	1514
made by the municipal corporation in any part or all of one or	1515
more urban renewal areas; all proceeds of the sale or other	1516
disposition of property of the municipal corporation in any part	1517
or all of one or more urban renewal areas; and all urban renewal	1518
service payments collected from any part or all of one or more	1519
urban renewal areas.	1520

(E)(C) "Urban renewal area" means a slum area or a blighted	1521
area or a combination thereof which the legislative authority of	1522
the municipal corporation designates as appropriate for an urban	1523
renewal project.	1524

(F)(D) "Urban renewal bonds" means, unless the context	1525
indicates a different meaning, definitive bonds, interim receipts,	1526
temporary bonds, and urban renewal refunding bonds issued pursuant	1527
to sections 725.01 to 725.11 of the Revised Code, and bonds issued	1528
pursuant to Article XVIII, Section 3, Ohio Constitution, for the	1529
uses specified in section 725.07 of the Revised Code.	1530

(G)(E) "Urban renewal refunding bonds" means the refunding	1531
bonds authorized by section 725.07 of the Revised Code.	1532

(H)(F) "Urban renewal plan" means a plan, as it exists from	1533
time to time, for an urban renewal project, which plan shall	1534
conform to the general plan for the municipal corporation, if any,	1535
and shall be sufficiently complete to indicate such land	1536
acquisition, demolition, and removal of structures, redevelopment,	1537
improvements, and rehabilitation as may be proposed to be carried	1538
out in the urban renewal area, zoning, and planning changes, if	1539
any, land uses, maximum densities, and building requirements.	1540

(I)(G) "Urban renewal project" may include undertakings and	1541
activities of a municipal corporation in an urban renewal area for	1542
the elimination and for the prevention of the development or	1543
spread of slums and blight, and may involve slum clearance and	1544
redevelopment in an urban renewal area, or rehabilitation or	1545
conservation in an urban renewal area, or any combination or part	1546
thereof, in accordance with an urban renewal plan, and such	1547
aforesaid undertakings and activities may include acquisition of a	1548
slum area or a blighted area, or portion thereof, demolition and	1549
removal of buildings and improvements; installation, construction,	1550
or reconstruction of streets, utilities, parks, playgrounds,	1551
public buildings and facilities, and other improvements necessary	1552
for carrying out in the urban renewal area the urban renewal	1553
objectives in accordance with the urban renewal plan, disposition	1554
of any property acquired in the urban renewal area, including	1555
sale, leasing, or retention by the municipal corporation itself,	1556
at its fair value for uses in accordance with the urban renewal	1557
plan; carrying out plans for a program of voluntary or compulsory	1558
repair and rehabilitation of buildings or other improvements in	1559
accordance with the urban renewal plan; the acquisition,	1560
construction, enlargement, improvement, or equipment of property,	1561
structures, equipment, or facilities for industry, commerce,	1562
distribution, or research from the proceeds of urban renewal bonds	1563
issued pursuant to division (C) of section 725.05 of the Revised	1564
Code; and acquisition of any other real property in the urban	1565
renewal area where necessary to eliminate unhealthful, unsanitary,	1566
or unsafe conditions, lessen density, eliminate obsolete, or other	1567
uses detrimental to the public welfare, or otherwise to remove or	1568
prevent the spread of blight or deterioration, or to provide land	1569
for needed public facilities.	1570

(J)(H) "Urban renewal debt retirement fund" means a fund,	1571
created pursuant to section 725.03 of the Revised Code by the	1572
legislative authority of a municipal corporation when authorizing	1573
a single issue or a series of urban renewal bonds, to be used for	1574
payment of the principal of and interest and redemption premium on	1575
such urban renewal bonds, trustee's fees, and costs and expenses	1576
of providing credit facilities, put arrangements, and interest	1577
rate hedges, and for fees and expenses of agents, and other fees,	1578
costs, and expenses, in connection with arrangements under	1579
sections 9.98 to 9.983 of the Revised Code; or when authorizing	1580
the repayment of loans from the state issued pursuant to Chapter	1581
164. of the Revised Code and used for urban renewal projects, to	1582
be used to repay the principal and interest on such loans. When so	1583
authorized by the legislative authority of a municipal	1584
corporation, such a fund may be used for both purposes permitted	1585
under this division.	1586

(K)(I) "Urban renewal service payments" means the urban	1587
renewal service payments, in lieu of taxes, provided for in	1588
section 725.04 of the Revised Code.	1589

(L)(J) "Improvements" means the structures and facilities	1590
constructed or rehabilitated pursuant to a development agreement.	1591

(M)(K) "Exemption period" means that period during which all	1592
or a portion of the assessed valuation of the improvements has	1593
been exempted from real property taxation pursuant to section	1594
725.02 of the Revised Code.	1595

Sec. 725.02.  (A) The portion of the assessed valuation of	1596
improvements constructed pursuant to a development agreement, and	1597
the portion of the increase in the assessed valuation after the	1598
commencement of rehabilitation of improvements rehabilitated	1599
pursuant to a development agreement declared to be a public	1600
purpose in the development agreement shall be exempt from real	1601
property taxation by all political subdivisions and taxing	1602
districts. Except as otherwise provided in division (B) of this	1603
section, the portion of the assessed valuation of improvements	1604
declared to be a public purpose and exempted from taxation shall	1605
not exceed seventy-five per cent of the assessed valuation of the	1606
improvements for each year of the exemption period.	1607

(B) With the approval under this division of the board of	1608
education of the city, local, or exempted village school district	1609
within the territory of which the improvements are or will be	1610
located, the portion of the assessed valuation of improvements	1611
exempted from taxation may exceed seventy-five per cent, but shall	1612
not exceed one hundred per cent. The legislative authority of the	1613
municipal corporation shall deliver to the board of education a	1614
notice stating its intent to declare improvements to be a public	1615
purpose under the agreement. The notice shall be delivered not	1616
later than forty-five days prior to execution of the agreement by	1617
the legislative authority, excluding Saturdays, Sundays, and legal	1618
holidays as defined in section 1.14 of the Revised Code. The	1619
notice shall describe the parcel and the improvements, provide an	1620
estimate of the true value in money of the improvements, specify	1621
the period for which the improvements would be exempted from	1622
taxation and the percentage of the assessed valuation of the	1623
improvements that would be exempted, and indicate the date on	1624
which the legislative authority intends to execute the agreement.	1625
The board of education, by resolution adopted by a majority of the	1626
board, may approve the exemption for the exemption percentage	1627
specified in the notice, may disapprove the exemption for the	1628
percentage of the improvements to be exempted in excess of	1629
seventy-five per cent, or may approve the exemption on the	1630
condition that the legislative authority and the board negotiate	1631
an agreement providing for compensation to the school district	1632
equal in value to a percentage of the taxes that would be payable	1633
on the portion of the assessed valuation of the improvements in	1634
excess of seventy-five per cent were that portion to be subject to	1635
taxation. The board of education shall certify its resolution to	1636
the legislative authority not later than fourteen days prior to	1637
the date the legislative authority intends to execute the	1638
agreement as indicated in the notice. If the board of education	1639
approves the exemption on the condition that a compensation	1640
agreement be negotiated, the board in its resolution shall propose	1641
a compensation percentage. If the board of education and the	1642
legislative authority negotiate a mutually acceptable compensation	1643
agreement, the legislative authority may declare up to one hundred	1644
per cent of the assessed valuation of the improvements to be a	1645
public purpose and exempted from taxation. If the board and the	1646
legislative authority fail to negotiate a mutually acceptable	1647
compensation agreement, the legislative authority may declare not	1648
more than seventy-five per cent of the assessed valuation of the	1649
improvements to be a public purpose and exempted from taxation. If	1650
the board fails to certify a resolution to the legislative	1651
authority within the time prescribed by this division, the	1652
legislative authority thereupon may declare up to one hundred per	1653
cent of the assessed valuation of the improvements to be a public	1654
purpose and exempted from taxation. The legislative authority may	1655
execute a development agreement at any time after the board of	1656
education certifies its resolution approving the exemption to the	1657
legislative authority, or, if the board approves the exemption on	1658
the condition that a mutually acceptable compensation agreement be	1659
negotiated, at any time after the compensation agreement is agreed	1660
to by the board and the legislative authority.	1661

If a board of education has adopted a resolution waiving its	1662
right to approve exemptions from taxation granted pursuant to	1663
development agreements and the resolution remains in effect,	1664
approval of such exemptions by the board is not required under	1665
this division. If a board of education has adopted a resolution	1666
allowing a legislative authority to deliver the notice required	1667
under this division fewer than forty-five business days prior to	1668
the legislative authority's execution of the agreement, the	1669
legislative authority shall deliver the notice to the board not	1670
later than the number of days prior to such execution as	1671
prescribed by the board in its resolution. If a board of education	1672
adopts a resolution waiving its right to approve exemptions or	1673
shortening the notification period, the board shall certify a copy	1674
of the resolution to the legislative authority. If the board of	1675
education rescinds such a resolution, it shall certify notice of	1676
the rescission to the legislative authority.	1677

If the legislative authority is not required by this division	1678
to notify the board of education of the legislative authority's	1679
intent to declare improvements to be a public purpose, the	1680
legislative authority shall comply with the notice requirements	1681
imposed under section 5709.83 of the Revised Code, unless the	1682
board has adopted a resolution under that section waiving its	1683
right to receive such a notice.	1684

(C) The exemption shall commence on the date of the execution	1685
of the development agreement therefor and extend for the number of	1686
years designated in the development agreement and thereafter for	1687
so long as there are outstanding any urban renewal bonds payable	1688
from the urban renewal service payments provided for in the	1689
development agreement. Any such exemption shall be claimed and	1690
allowed in the same or a similar manner as in the case of other	1691
real property exemptions and no such claim shall be allowed unless	1692
the municipal corporation wherein said property is located	1693
certifies that an exemption period has been specified and that a	1694
development agreement has been entered into and is in effect. If	1695
an exemption status changes during a tax year, the procedure for	1696
the apportionment of the taxes for said year shall be the same as	1697
in the case of other changes in tax exemption status during the	1698
year.	1699

(D) An agreement that satisfies the requirements of either	1700
division (C)(A)(1)(a) or (C)(A)(1)(c) of section 725.01 of the	1701
Revised Code may be amended to satisfy all of the remaining	1702
requirements of the other two of division (C)(1)(a), (b), or (c)	1703
(A) of section 725.01 of the Revised Code and to establish the	1704
period of exemption pursuant to this section at any time prior to	1705
the completion of the construction or rehabilitation of the	1706
improvements of which all or a portion of the assessed valuation	1707
is to be exempt from real property taxation pursuant to this	1708
section. The execution of the amendment of such agreement shall be	1709
the execution of the development agreement for the purpose of this	1710
section.	1711

Sec. 725.05.  A municipal corporation creating an urban	1712
renewal debt retirement fund pursuant to section 725.03 of the	1713
Revised Code, may:	1714

(A) Issue unvoted urban renewal bonds, which pledge and are	1715
payable solely from all or any portion of the revenues as defined	1716
in division (D) of section 725.01 of the Revised Code. The	1717
revenues pledged shall be placed in the urban renewal debt	1718
retirement fund established for such urban renewal bonds and	1719
applied to the payment of interest on, principal of and redemption	1720
premium for such urban renewal bonds, trustee's fees, and costs	1721
and expenses of providing credit facilities, put arrangements, and	1722
interest rate hedges, and for fees and expenses of agents, and	1723
other fees, costs, and expenses, in connection with arrangements	1724
under sections 9.98 to 9.983 of the Revised Code.	1725

(B) Issue unvoted urban renewal bonds, which pledge the full	1726
faith and credit of the municipal corporation and that may also	1727
pledge and be payable from all or any portion of the revenues as	1728
defined in division (D) of section 725.01 of the Revised Code.	1729

For bonds issued pursuant to this division, the ordinance	1730
provided for in section 725.06 of the Revised Code shall provide	1731
for the levying of a tax on real and tangible personal property,	1732
within the ten-mill limitation, sufficient in amount to pay the	1733
interest on and to provide a sinking fund for all of the principal	1734
of the urban renewal bonds authorized by that ordinance for their	1735
final redemption at maturity; but the amount of the tax to be	1736
levied in any year may be reduced by the amount available for such	1737
purposes from revenues, and any available moneys in the applicable	1738
urban renewal debt retirement fund. The ordinance providing for	1739
the levy of a tax pursuant to this division shall provide both of	1740
the following:	1741

(1) That the first principal maturity of the urban renewal	1742
bonds or the first mandatory sinking fund deposit therefor shall	1743
not be later than seven years following the issuance of the bonds;	1744

(2) That no principal maturity, mandatory sinking fund	1745
requirement, or combination thereof, shall be more than one and	1746
one-half times the amount of the next preceding principal	1747
maturity, mandatory sinking fund requirement, or combination	1748
thereof.	1749

A copy of such ordinance levying such tax shall be certified	1750
by the fiscal officer of the municipal corporation to the county	1751
auditor of the county in which the municipal corporation is	1752
located. The revenues pledged and the moneys derived from the levy	1753
of such tax shall be placed in the urban renewal debt retirement	1754
fund established for such urban renewal bonds and applied to the	1755
payment of interest on, principal of, and redemption premium for	1756
such urban renewal bonds, trustee's fees, and costs and expenses	1757
of providing credit facilities, put arrangements, and interest	1758
rate hedges, and for fees and expenses of agents, and other fees,	1759
costs, and expenses, in connection with arrangements under	1760
sections 9.98 to 9.983 of the Revised Code.	1761

(C) Issue unvoted urban renewal bonds pursuant to Article	1762
VIII, Section 13, Ohio Constitution, to create and preserve jobs	1763
and employment opportunities and to improve the economic welfare	1764
of the people of the municipal corporation, which pledge and are	1765
payable from revenues as defined in division (D) of section 725.01	1766
of the Revised Code and from any moneys selected by the municipal	1767
corporation that are not moneys raised by taxation.	1768

For bonds issued pursuant to this division, the urban renewal	1769
project and the ordinance provided for in section 725.06 of the	1770
Revised Code shall provide for the acquisition, construction,	1771
enlargement, improvement, or equipment of property, structures,	1772
equipment or facilities for industry, commerce, distribution, or	1773
research and for the obligating and pledging of moneys not raised	1774
by taxation as selected by the legislative authority of the	1775
municipal corporation sufficient in amount to pay all or any	1776
portion of the interest on and to provide a sinking fund for all	1777
or any portion of the principal of the urban renewal bonds	1778
authorized by the ordinance for their final redemption at	1779
maturity. The revenues pledged and the moneys so obligated and	1780
pledged shall be deposited in the urban renewal debt retirement	1781
fund established for such urban renewal bonds and applied to the	1782
payment of interest on, principal of, and redemption premium for	1783
such urban renewal bonds, trustee's fees, and costs and expenses	1784
of providing credit facilities, put arrangements, and interest	1785
rate hedges, and for fees and expenses of agents, and other fees,	1786
costs, and expenses, in connection with arrangements under	1787
sections 9.98 to 9.983 of the Revised Code. The amount of the	1788
moneys so deposited in any year may be reduced by the amount	1789
available for such purposes from revenues as defined in division	1790
(D) of section 725.01 of the Revised Code, and any available	1791
moneys in the applicable urban renewal debt retirement fund.	1792

(D) Make and enter into all contracts and agreements	1793
necessary or incidental to the exercise of its powers under	1794
sections 725.01 to 725.11 of the Revised Code.	1795

Sec. 725.11.  Urban renewal bonds issued under sections	1796
725.01 to 725.11 of the Revised Code may be secured by a trust	1797
agreement between the municipal corporation and a corporate	1798
trustee, which trustee may be any trust company or bank having the	1799
powers of a trust company within or without the state.	1800

Any such trust agreement and the ordinance providing for the	1801
issuance of such bonds may pledge or assign all revenues as	1802
defined in division (D) of section 725.01 of the Revised Code, or	1803
any part thereof, and all moneys deposited into the urban renewal	1804
debt retirement fund established for such bonds pursuant to	1805
section 725.03 of the Revised Code and may provide for the holding	1806
in trust by the trustee to the extent provided for in the	1807
ordinance authorizing such bonds, of all such revenues and moneys.	1808

Any such trust agreement, or any ordinance providing for the	1809
issuance of such bonds, may contain such provisions for protecting	1810
and enforcing the rights and remedies of the bondholders as are	1811
reasonable and proper and not in violation of law, including	1812
covenants setting forth the duties of the municipal corporation.	1813

Any bank or trust company incorporated under the laws of this	1814
state which may act as trustee or as depository of the proceeds of	1815
bonds or revenues may furnish such indemnifying bonds or may	1816
pledge such securities as are required by the municipal	1817
corporation. Any such trust agreement may set forth the rights and	1818
remedies of the bondholders and of the trustee, and may restrict	1819
the individual right of action by bondholders as is customary in	1820
trust agreements or trust indentures securing bonds or debentures	1821
of corporations. Such trust agreements may contain such other	1822
provisions as the municipal corporation deems reasonable and	1823
proper for the security of the bondholders.	1824

Sec. 1728.01.  As used in sections 1728.01 to 1728.13 of the	1825
Revised Code:	1826

(A) "Governing body" means, in the case of a municipal	1827
corporation, the city council or legislative authority.	1828

(B) "Community urban redevelopment corporation" means a	1829
corporation qualified under Chapter 1728. of the Revised Code, to	1830
acquire, construct, operate, and maintain a project hereunder, or	1831
to acquire, operate, and maintain a project constructed by a	1832
corporation so qualified under Chapter 1728. of the Revised Code,	1833
and the term "corporation" when used within Chapter 1728. of the	1834
Revised Code, shall be understood to be a contraction of the term	1835
"community urban redevelopment corporation" except when the	1836
context indicates otherwise.	1837

(C) "Impacted city" means a municipal corporation that meets	1838
the requirements of either division (C) (1) or (2) of this	1839
section:	1840

(1) In attempting to cope with the problems of urbanization,	1841
to create or preserve jobs and employment opportunities, and to	1842
improve the economic welfare of the people of the municipal	1843
corporation, the municipal corporation has at some time:	1844

(a) Taken affirmative action by its legislative body to	1845
permit the construction of housing by a metropolitan housing	1846
authority organized pursuant to sections 3735.27 to 3735.39 of the	1847
Revised Code within its corporate boundaries or to permit such a	1848
metropolitan housing authority to lease dwelling units within its	1849
corporate boundaries; and	1850

(b) Been certified by the director of the department of	1851
development that a workable program for community improvement	1852
(which shall include an official plan of action for effectively	1853
dealing with the problem of urban slums and blight within the	1854
community and for the establishment and preservation of a	1855
well-planned community with well-organized residential	1856
neighborhoods of decent homes and suitable living environment for	1857
adequate family life) for utilizing appropriate private and public	1858
resources to eliminate, and to prevent the development or spread	1859
of, slums and urban blight, to encourage needed urban	1860
rehabilitation, to provide for the redevelopment of blighted,	1861
deteriorated, or slum areas, to undertake such activities or other	1862
feasible community activities as may be suitably employed to	1863
achieve the objectives of such a program has been adopted. A	1864
determination by the United States that the impacted city's	1865
workable program meets the federal workable program requirements	1866
shall be sufficient for the director's certification.	1867

(2) Been declared a major disaster area, or part of a major	1868
disaster area, pursuant to the "Disaster Relief Act of 1970," 84	1869
Stat. 1744, 42 U.S.C.A. 4401, as now or hereafter amended, and has	1870
been extensively damaged or destroyed by a major disaster,	1871
provided that impacted city status obtained pursuant to division	1872
(C) (2) of this section lasts for only a limited period from the	1873
date of the declaration, as determined by the rules promulgated	1874
pursuant to division (G) of section 122.06 of the Revised Code,	1875
but in the event that an impacted city, while qualified under such	1876
division, enters into a financial agreement with a community urban	1877
redevelopment corporation pursuant to section 1728.07 of the	1878
Revised Code, a loss of certification under such rules shall not	1879
affect that agreement or the project to which it relates.	1880

(D) "Community development plan" means a plan, as it exists	1881
from time to time, for the redevelopment and renewal of a blighted	1882
area, which plan shall conform to the general plan for the	1883
municipality, and shall be sufficiently complete to indicate such	1884
land acquisition, demolition, and removal of structures,	1885
redevelopment, improvements, and rehabilitation as may be proposed	1886
to be carried out in such blighted area, zoning, and any planning	1887
changes, land uses, maximum densities, and building requirements.	1888

(E) "Blighted area" means an area within a municipality	1889
containing a majority of structures that have been extensively	1890
damaged or destroyed by a major disaster, or that, by reason of	1891
dilapidation, deterioration, age or obsolescence, inadequate	1892
provision for ventilation, light, air, sanitation, or open spaces,	1893
unsafe and unsanitary conditions or the existence of conditions	1894
which endanger lives or properties by fire or other hazards and	1895
causes, or that, by reason of location in an area with inadequate	1896
street layout, incompatible land uses or land use relationships,	1897
overcrowding of buildings on the land, excessive dwelling unit	1898
density, or other identified hazards to health and safety, are	1899
conducive to ill health, transmission of disease, juvenile	1900
delinquency and crime and are detrimental to the public health,	1901
safety, morals and general welfare.	1902

(F) "Project" means:

1903

(1) As to blighted areas within all municipal corporations,	1904
the undertaking and execution of the redevelopment of a blighted	1905
area by a community urban redevelopment corporation, in whole or	1906
in part, pursuant to a community development plan approved by the	1907
governing body of the municipal corporation in which such blighted	1908
area is situated and in accordance with an agreement for the sale	1909
or lease of all or a portion of the land concerned in such	1910
redevelopment to the corporation by a municipal corporation, or	1911
agency, or authority including the work to be done in reference	1912
thereto, the designation of the particular proposed buildings to	1913
be constructed and their uses and purposes, the landscaping of the	1914
premises, the streets and access roads, recreational facilities,	1915
if any, the furnishing of the public utilities, the financial	1916
arrangements, and the terms and conditions of the proposed	1917
municipal corporation and approval; and	1918

(2) In addition as to blighted areas within impacted cities,	1919
the undertaking and activities of a community urban redevelopment	1920
corporation in a blighted area for the elimination and for the	1921
prevention of the development or spread of blight pursuant to a	1922
community development plan approved by the governing body of the	1923
impacted city and to the extent agreed to by the governing body of	1924
the impacted city in the financial agreement provided for in	1925
section 1728.07 of the Revised Code and may involve clearance and	1926
redevelopment, or rehabilitation or conservation or any	1927
combination or part thereof, in accordance with such community	1928
development plan, and such aforesaid undertakings and activities	1929
may include acquisition of a blighted area or portion by purchase	1930
or otherwise, and demolition and removal of buildings and	1931
improvements.	1932

(G)(F) "Total project unit cost" or "total project cost"	1933
means the aggregate of the following items as related to any unit	1934
of a project if the project is to be undertaken in units or to the	1935
total project if the project is not to be undertaken in units:	1936

(1) Cost of the land to the community urban redevelopment	1937
corporation;	1938

(2) Architects', engineers', and attorneys' fees paid or	1939
payable by the corporation in connection with the planning,	1940
construction, and financing of the project;	1941

(3) Surveying and testing charges in connection therewith;

1942

(4) Actual construction cost as certified by the architect,	1943
including the cost of any preparation of the site undertaken at	1944
the corporation's expense;	1945

(5) Insurance, interest, and finance costs during	1946
construction;	1947

(6) Cost of obtaining initial permanent financing;

1948

(7) Commissions and other expenses paid or payable in	1949
connection with initial leasing;	1950

(8) Real estate taxes and assessments during the construction	1951
period;	1952

(9) Developer's overhead based on a percentage of division	1953
(G)(F)(4) of this section, to be computed in accordance with the	1954
following schedule:	1955

$500,000 or less	-	10 per cent		1956
500,001 through $ 1,000,000	-	$50,000 plus 8 per cent on		1957
		excess above $500,000		1958
1,000,001 through 2,000,000	-	90,000 plus 7 per cent on		1959
		excess above 1,000,000		1960
2,000,001 through 3,500,000	-	160,000 plus 5.6667 per cent		1961
		on excess above 2,000,000		1962
3,500,001 through 5,500,000	-	245,000 plus 4.25 per cent		1963
		on excess above 3,500,000		1964
5,500,001 through 10,000,000	-	330,000 plus 3.7778 per cent		1965
		on excess above 5,500,000		1966
Over 10,000,000	-	5 per cent		1967

(H)(G) "Annual gross revenue" means the total annual gross	1968
rental and other income of a community urban redevelopment	1969
corporation from the project. If in any leasing, any real estate	1970
taxes or assessments on property included in the project, any	1971
premiums for fire or other insurance on or concerning property	1972
included in the project, or any operating or maintenance expenses	1973
ordinarily paid by a landlord are to be paid by the tenant, such	1974
payments shall be computed and deemed to be part of the rent and	1975
shall be included in the annual gross revenue. The financial	1976
agreement provided for in section 1728.07 of the Revised Code	1977
shall establish the method of computing such additional revenue,	1978
and may establish a method of arbitration where either the	1979
landlord or the tenant disputes the amount of such payments so	1980
included in the annual gross revenue.	1981

(I)(H) "Major disaster" means any tornado, storm, flood, high	1982
water, wind-driven water, tidal wave, earthquake, fire, or other	1983
catastrophe.	1984

Sec. 3735.40.  As used in sections 3735.27, 3735.31, and	1985
3735.40 to 3735.50 of the Revised Code:	1986

(A) "Federal government" includes the United States, the	1987
federal works administrator, or any other agency or	1988
instrumentality, corporate or otherwise, of the United States.	1989

(B) "Slum area" means any area where dwellings predominate	1990
which, by reason of dilapidation, overcrowding, faulty arrangement	1991
or design, lack of ventilation, light, or sanitary facilities, or	1992
any combination of these factors, are detrimental to safety,	1993
health, or morals.	1994

(C) "Housing project" or "project" means any of the following	1995
works or undertakings:	1996

(1) Demolish, clear, or remove buildings from any slum area.	1997
Such work or undertaking may embrace the adaptation of such area	1998
to public purposes, including parks or other recreational or	1999
community purposes.	2000

(2) Provide decent, safe, and sanitary urban or rural	2001
dwellings, apartments, or other living accommodations for persons	2002
of low income. Such work or undertaking may include buildings,	2003
land, equipment, facilities, and other real or personal property	2004
for necessary, convenient, or desirable appurtenances, streets,	2005
sewers, water service, parks, site preparation, gardening,	2006
administrative, community, health, recreational, educational,	2007
welfare, or other purposes.	2008

(3) Accomplish a combination of the foregoing. "Housing	2009
project" also may be applied to the planning of the buildings and	2010
improvements, the acquisition of property, the demolition of	2011
existing structures, the construction, reconstruction, alteration,	2012
and repair of the improvements, and all other work in connection	2013
therewith.	2014

(D)(C) "Families of low income" means persons or families who	2015
lack the amount of income which is necessary, as determined by the	2016
metropolitan housing authority undertaking the housing project, to	2017
enable them, without financial assistance, to live in decent,	2018
safe, and sanitary dwellings, without overcrowding.	2019

(E)(D) "Families" means families consisting of two or more	2020
persons, a single person who has attained the age at which an	2021
individual may elect to receive an old age benefit under Title II	2022
of the "Social Security Act" or is under disability as defined in	2023
section 223 of that act, 49 Stat. 622 (1935), 42 U. S. C. A. 401,	2024
as amended, or the remaining member of a tenant family.	2025

(F)(E) "Families" also means a single person discharged by	2026
the head of a hospital pursuant to section 5122.21 of the Revised	2027
Code after March 10, 1964.	2028

Sec. 3735.59.  A metropolitan housing authority may contract	2029
with persons, associations, or corporations, or with the state, a	2030
state department or agency, or a state public body as defined in	2031
section 3735.51 of the Revised Code for furnishing to the	2032
authority food services, health clinics, medical services, or	2033
other services for tenants of the authority who are not able to	2034
provide for themselves.	2035

The director of any state department may enter into	2036
agreements with a metropolitan housing authority for furnishing	2037
such services to the authority for tenants described in division	2038
(F)(E) of section 3735.40 of the Revised Code pursuant to terms	2039
agreed upon between the director and the authority and for such	2040
compensation as will reimburse the department for the services	2041
rendered.	2042

Section 2. That existing sections 163.01, 163.02, 163.03,	2043
163.04, 163.05, 163.06, 163.08, 163.09, 163.12, 163.14, 163.15,	2044
163.16, 163.17, 163.19, 163.20, 163.21, 163.22, 163.52, 163.53,	2045
163.54, 163.55, 163.56, 163.57, 163.58, 163.59, 163.60, 163.61,	2046
163.62, 303.26, 719.012, 725.01, 725.02, 725.05, 725.11, 1728.01,	2047
3735.40, and 3735.59 and section 163.51 of the Revised Code are	2048
hereby repealed.	2049