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Am. Sub. H. B. No. 426As Reported by the Senate State and Local Government and Veterans Affairs CommitteeAs Reported by the Senate State and Local Government and Veterans Affairs Committee
124th General Assembly | Regular Session | 2001-2002 |
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REPRESENTATIVES Young, Brinkman, Britton, Carey, Carmichael, DeWine, Fessler, Flowers, Hagan, Lendrum, Schaffer, Schmidt, Seaver, Webster, Willamowski, Trakas, Patton, Damschroder, Williams, Buehrer, Coates, Hollister, Carano, Sulzer, Sferra, Setzer, Niehaus, Reidelbach, Salerno, Otterman, Kearns, Roman, Perry, Brown
SENATOR Robert Gardner
A BILL
To amend sections 163.52 and 163.59 of the Revised
Code to
require
acquiring state agencies to make
every
reasonable
effort to provide a copy of the
appraisal to the
owner of real property appraised
at
more than
$10,000, to require those agencies to
update or
obtain new appraisals under certain
circumstances,
and to specify that their
acquisition of
property
must be for a
defined
public purpose that
is to be achieved in a
defined
and reasonable
period of time.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 163.52 and 163.59 of the Revised
Code be amended
to read as follows:
Sec. 163.52. (A)
Section
The failure of an acquiring agency
to satisfy a requirement of section 163.59 of the Revised Code
creates no rights or liabilities and shall
does not affect the
validity of any property
acquisitions
acquisition by purchase or
condemnation. (B) Nothing in sections 163.51 to 163.62, inclusive, of
the
Revised Code, shall be construed as creating, in any
condemnation
proceeding brought under the power of eminent
domain, any element
of value or damage not in existence
immediately prior to
the
effective date of such sections
June 11, 1971.
Sec. 163.59. In order to encourage and expedite the
acquisition of real property by agreements with owners, to avoid
litigation and relieve congestion in the courts, to assure
consistent treatment for owners in the many state and federally
assisted programs, and to promote public confidence in public
land
acquisition practices, heads of acquiring agencies shall, to
the
greatest extent practicable, be guided by
do or ensure the
acquisition satisfies all of the following
policies: (A) The head of an acquiring agency shall make every
reasonable effort to acquire expeditiously real property by
negotiation. (B)
In order for an acquiring agency to acquire real
property, the acquisition shall be for a defined public
purpose
that is to be achieved in a defined and reasonable period
of time.
An
acquisition of real property that complies with section 5501.31
of
the Revised Code satisfies the defined public purpose
requirement
of this division.
(C) Real property
to be acquired shall be appraised before
the initiation
of negotiations, and the owner or
his
the owner's
designated
representative
shall be given
an
a reasonable
opportunity to
accompany the
appraiser during
his
the appraiser's
inspection of
the property,
except that the
head of the lead
agency may
prescribe a procedure
to waive the appraisal in cases
involving
the acquisition by sale
or donation of property with a
low fair
market value.
If the
appraisal values the property to be
acquired at more than
ten thousand dollars,
the head of the
acquiring agency concerned
shall make every reasonable effort to
provide a copy of
the
appraisal to the owner. As used in this
section, "appraisal"
means a written statement independently and
impartially prepared
by a qualified appraiser, or a written
statement prepared by an employee of the acquiring agency who is a
qualified appraiser, setting forth an opinion of defined
value
of
an adequately described property as of a specified date,
supported
by the presentation and analysis of relevant market
information. (C)(D) Before the initiation of negotiations for real
property,
the head of the acquiring agency concerned shall
establish an
amount
which
he
that the head of the acquiring agency
believes to be
just compensation
therefor
for the property and
shall make a prompt offer to
acquire the property
for
no less than
the full amount so established. In no
event shall
such
that
amount be less than the agency's approved
appraisal of the fair
market value of
such
the property. Any decrease
or increase in
the
fair market value of real property prior to the
date of
valuation
caused by the public improvement for which
such
the
property is
acquired, or by the likelihood that the property would
be
acquired for
such
that improvement, other than that due to
physical
deterioration within the reasonable control of the owner,
will be
disregarded in determining the compensation for the
property.
The
The head of the acquiring agency concerned shall provide the
owner of
real property to be acquired with a written statement
of,
and
summary of the basis for, the amount
he
that the head of the
acquiring
agency established as
just compensation. Where
appropriate, the
just compensation for
the real property acquired
and for damages
to remaining real
property shall be separately
stated.
(D)
The owner
shall be given a reasonable opportunity to
consider the offer of the acquiring agency for the real property,
to
present material that the owner believes is relevant to
determining the fair market value of the property, and to suggest
modification
in the proposed terms and conditions of the
acquisition. The
acquiring agency shall consider the owner's
presentation and suggestions.
(E) If information presented by the owner or a material
change in the character or condition of the real property
indicates the
need for new appraisal information, or if a
period
of more than two years has
elapsed since the time of the appraisal
of
the property, the head
of the acquiring agency concerned shall
have the appraisal updated
or obtain a new appraisal. If updated
appraisal information
or a new appraisal indicates that a change
in the acquisition offer is warranted, the
head of the acquiring
agency shall promptly reestablish the amount of the just
compensation for the property and offer that amount to the owner
in writing.
(F) No owner shall be required to surrender possession of
real property before the acquiring agency concerned pays the
agreed purchase price, or deposits with the court for the benefit
of the owner, an amount not less than the agency's approved
appraisal of the fair market value of
such
the property, or the
amount
of the award of compensation in the condemnation
proceeding
for
such
the property. (E)(G) The construction or development of a public
improvement shall be so scheduled that no person lawfully
occupying real property shall be required to move from a
dwelling,
or to move
his
the person's business or farm
operation, without at
least ninety days' written notice from the head of the acquiring
agency concerned, of the date by which
such
the move is required.
(F)(H) If the head of an acquiring agency permits an owner
or
tenant to occupy the real property acquired on a rental basis
for
a short term or for a period subject to termination on short
notice, the amount of rent required shall not exceed the fair
rental value of the property to a short-term occupier.
(G)(I) In no event shall the head of an acquiring agency
either advance the time of condemnation, or defer negotiations or
condemnation and the deposit of funds in court for the use of the
owner, or take any other action coercive in nature, in order to
compel an agreement on the price to be paid for the
real property.
(H) If
(J) When any interest in real property is
to be
acquired by
exercise of the power of eminent domain, the head of
the
acquiring
agency concerned shall institute
the formal
condemnation
proceedings.
No
head of an acquiring agency
head
shall intentionally make
it
necessary for
an owner to institute
legal proceedings to prove
the
fact of the
taking of
his
the
owner's real property.
(I)(K) If the acquisition of only part of a property would
leave its owner with an uneconomic remnant, the head of the
acquiring agency concerned shall offer to acquire that remnant.
For the purposes of this division, an uneconomic remnant is a
parcel of real property in which the owner is left with an
interest after the partial acquisition of the owner's property
and
which the head of the agency concerned has determined has
little
or no value or utility to the owner.
An acquisition of real property may continue while an
acquiring agency carries out the requirements of divisions (A) to
(K) of this section. This section applies only when the acquisition of real
property may result in an exercise of the power of eminent
domain.
Section 2. That existing sections 163.52 and 163.59 of the
Revised Code
are hereby repealed.
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