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Sub. H. B. No. 5 As Passed by the HouseAs Passed by the House
127th General Assembly | Regular Session | 2007-2008 |
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Cosponsors:
Representatives Blessing, Wagoner, Seitz, Dolan, Latta, Coley, Harwood, Batchelder, Bacon, Budish, Carmichael, Core, Daniels, DeBose, Distel, Domenick, Dyer, Evans, Fende, Flowers, Garrison, Goyal, Hagan, J., Hite, Hottinger, Huffman, Hughes, Jones, Koziura, Letson, Patton, Peterson, Reinhard, Schindel, Schneider, Setzer, Stebelton, Stewart, J., Wachtmann, Wagner, White, Williams, B., Zehringer
A BILL
To amend sections 163.01, 163.02, 163.04, 163.05, 163.06, 163.09, 163.14, 163.15, 163.19, 163.21, 163.53, 163.62, 303.26, 719.012, 725.01, 1728.01, 2505.02, and 3735.40 and to enact sections 1.08, 163.021, 163.211, and 163.63 of the Revised Code to implement the recommendations of the Eminent Domain Task Force and to create other procedures to protect the rights of property owners.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 163.01, 163.02, 163.04, 163.05, 163.06, 163.09, 163.14, 163.15, 163.19, 163.21, 163.53, 163.62, 303.26, 719.012, 725.01, 1728.01, 2505.02, and 3735.40 be amended and sections 1.08, 163.021, 163.211, and 163.63 of the Revised Code be enacted to read as follows:
Sec. 1.08. As used in the Revised Code:
(A) "Blighted area" and "slum" mean an area in which at least fifty per cent of the parcels are blighted parcels and those blighted parcels substantially impair or arrest the sound growth of the state or a political subdivision of the state, retard the provision of housing accommodations, constitute an economic or social liability, or are a menace to the public health, safety, morals, or welfare in their present condition and use.
(B) "Blighted parcel" means either of the following:
(1) A parcel that has one or more of the following conditions:
(a) Conditions that constitute a nuisance;
(b) Environmental contamination;
(d) Tax or special assessment delinquencies exceeding the fair value of the land.
(2) A parcel that has two or more of the following conditions:
(a) Dilapidation and deterioration;
(b) Age and obsolescence;
(c) Inadequate provision for ventilation, light, air, sanitation, or open spaces;
(d) Unsafe and unsanitary conditions;
(e) Hazards that endanger lives or properties by fire or other causes;
(f) Noncompliance with building, housing, or other codes;
(g) Nonworking or disconnected utilities;
(h) Is vacant or contains an abandoned structure;
(i) Excessive dwelling unit density;
(j) Is located in an area of defective or inadequate street layout;
(k) Overcrowding of buildings on the land;
(l) Faulty lot layout in relation to size, adequacy, accessibility, or usefulness;
(m) An incompatible land use or a use that creates land use relationships that cannot be reasonably corrected through enforcement of existing zoning codes or other land use regulations;
(n) Extensive damage or destruction caused by a major disaster when the damage has not been remediated within a reasonable time;
(o) Identified hazards to health and safety that are conducive to ill health, transmission of disease, juvenile delinquency, or crime;
(p) Ownership or multiple ownership of a single parcel when the owner, or a majority of the owners of a parcel in the case of multiple ownership, cannot be located.
(C) When determining whether a property is a blighted parcel or whether an area is a blighted area or slum for the purposes of this section, no person shall consider whether there is a comparatively better use for any premises, property, structure, area, or portion of an area, or whether the property could generate more tax revenues if put to another use.
(D) Notwithstanding any other provision of this section, absent any environmental or public health hazard that cannot be corrected under its current use or ownership, a property is not a blighted parcel because of any condition listed in division (B) of this section if the condition is consistent with conditions that are normally incident to generally accepted agricultural practices and the land is used for agricultural purposes as defined in section 303.01 or 519.01 of the Revised Code, or the county auditor of the county in which the land is located has determined under section 5713.31 of the Revised Code that the land is "land devoted exclusively to agricultural use" as defined in section 5713.30 of the Revised Code.
Sec. 163.01. As used in sections 163.01 to 163.22 of the
Revised Code:
(A) "Public agency" means any governmental corporation,
unit, organization, instrumentality, or officer authorized by law to appropriate
property in the courts of this state. "Private
(B) "Private agency" means any
other corporation, firm, partnership, voluntary association,
joint-stock association, or company that is not a public agency and that is authorized by law to
appropriate property in the courts of this state. "Agency"
includes
(C) "Agency" means any public agency or private agency.
(B)(D) "Court" includes means the court of common pleas and or the
probate court of any county in which the property sought to be
appropriated is located in whole or in part.
(C)(E) "Owner" includes means any individual, partnership,
association, or corporation having any estate, title, or interest
in any real property sought to be appropriated.
(D)(F) "Real property," "land," or "property" includes any
estate, title, or interest in any real property which that is
authorized to be appropriated by the agency in question, unless
the context otherwise requires.
(G) "Public utility" has the same meaning as in section 4905.02 of the Revised Code and also includes an electric cooperative.
(H)(1) "Public use" does not include any taking that is for conveyance to a private commercial enterprise, economic development, or solely for the purpose of increasing public revenue, unless the property is conveyed or leased to one of the following:
(a) A public utility, common carrier, or municipal power agency;
(b) A private entity that occupies an incidental area within a publicly owned and occupied project;
(c) A private entity that establishes by a preponderance of the evidence that the property is a blighted parcel or a blighted area.
(2) All of the following are presumed to be public uses: utility facilities, roads, sewers, water lines, public schools, public parks, government buildings, projects by an agency that is a public utility or an agency holding a certificate of public convenience and necessity granted by the federal energy regulatory commission, and similar facilities and uses of land.
(I) "Electric cooperative" has the same meaning as in section 4928.01 of the Revised Code.
(J) "Municipal power agency" has the same meaning as in section 3734.058 of the Revised Code.
Sec. 163.02. (A) Except as provided in divisions (B),
(C), (D), and (F) of this section, all All appropriations of real property
shall be made pursuant to sections 163.01 to 163.22 of the
Revised Code, except as otherwise provided in this section or as otherwise provided to abate a health nuisance or because of a public exigency as provided in division (B) of section 307.08, 6101.181, 6115.221, 6117.39, or 6119.11, or division (D) of section 504.19 of the Revised Code.
(B) Subject to division (E) of this section, the The director
of transportation may appropriate real property pursuant to
sections 163.01 to 163.22 of the Revised Code or as otherwise
provided by law.
(C) Subject to division (E) of this section, a conservancy
district may appropriate real property by procedures prescribed
in Chapter 6101. of the Revised Code.
(D) Subject to division (E) of this section, a sanitary
district may appropriate real property by procedures prescribed
in Chapter 6115. of the Revised Code.
(E) When the director of transportation, a conservancy
district, or a sanitary district proceeds Notwithstanding any authority to appropriate real
property other than under sections 163.01 to 163.22 of the
Revised Code, the proceedings are any proceeding to appropriate real property is subject to division (B) of
section 163.21 of the Revised Code.
(F) A county, township that has adopted a limited home rule government, conservancy district, sanitary district, county sewer district, or a regional water and sewer district also may appropriate real property in the manner prescribed in division (B) of section 307.08, 6101.181, 6115.221, 6117.39, or 6119.11 or division (D) of section 504.19 of the Revised Code, as applicable.
(G)(D) Any instrument by which the state or an agency of the state
acquires real
property pursuant to this section shall identify include all of the following:
(1) The name of the agency of the state that
has the use and benefit of the real property as specified in section 5301.012
of the Revised Code;
(2) A statement of the purpose of the appropriation as provided with the appropriation petition;
(3) A statement that the prior owner possesses a right of repurchase within five years after the property is appropriated if the agency decides not to use the property for the stated purpose, as provided in section 163.211 of the Revised Code.
Sec. 163.021. (A) No agency shall appropriate real property except as necessary and for a public use. In any appropriation, the taking agency shall show by a preponderance of the evidence that the taking is necessary and for a public use.
(B) Before an agency appropriates property based on a finding that the area is a blighted area or a slum, the agency shall do both of the following:
(1) Adopt a comprehensive development plan that describes the public need for the property. The plan shall include at least two studies documenting the public need. All of the costs of developing the plan shall be publicly financed.
(2) If the agency is governed by a legislative body, obtain a resolution from that legislative body affirming the public need for the property.
(C) No park board, park district, board of directors of a conservancy district, incorporated association with a purpose of establishing or preserving public parks and memorial sites, or similar park authority shall exercise any power of eminent domain to appropriate real property outside the county or counties in which the park authority is located unless the appropriation has the written approval of the legislative authority of each county in which the property is located, other than the county or counties in which the park authority is located.
Sec. 163.04. Appropriations shall be made (A) A public agency may appropriate real property only after a reasonable public comment period. The public agency shall give notice of the proposed appropriation and the opportunity for public comment once a week for two consecutive weeks in a newspaper of general circulation in the county in which the appropriation is proposed. During the public comment period, the public agency shall, at a minimum, permit any person to submit a written statement addressing the proposed appropriation. This division does not apply to any appropriation to abate a health nuisance or because of a public exigency as provided in division (B) of section 307.08, 6101.181, 6115.221, 6117.39, or 6119.11 or division (D) of section 504.19 of the Revised Code, to any appropriation by a public utility owned by a municipal corporation, or to an agency that complies with section 5511.01 of the Revised Code.
(B) An agency may appropriate real property only after the agency obtains an appraisal of the property and provides a copy of the appraisal to the owner or, if more than one, each owner, or guardian or trustee of each owner. The agency need not provide an owner with a copy of the appraisal when that owner is incapable of contracting in person or by agent to convey the property and has no guardian or trustee, is unknown, or is not a resident of this state, or the residence of the owner cannot with reasonable diligence be ascertained. When the appraisal indicates that the property is worth less than ten thousand dollars, the agency need only provide an owner, guardian, or trustee with a summary of the appraisal. The agency shall provide the copy or summary of the appraisal to an owner, guardian, or trustee at or before the time the agency makes its first offer to purchase the property. A public utility or the head of a public agency may prescribe a procedure to waive the appraisal in cases involving the acquisition by sale or donation of property with a fair market value of ten thousand dollars or less.
(C) An agency may appropriate real property only after the agency is unable to
agree on a conveyance or the terms of a conveyance, for any reason, with the any owner, or if more than one, any owner, or
his the
guardian or trustee, or when of any owner unless each owner is incapable of
contracting in person
or by agent to convey the property and has no guardian or trustee, or each owner is unknown, or is not a
resident of this state, or his the residence of each owner is unknown to the agency and cannot the residence of no owner can
with reasonable diligence be ascertained.
(D) An agency may appropriate real property for projects that will disrupt the flow of traffic or impede access to property only after the agency makes reasonable efforts to plan the project in a way that will limit those effects. This division does not apply to an agency if it initiated the project for which it appropriates the property under Title LV of the Revised Code.
Sec. 163.05. An agency which that has met the requirements of
section 163.04 of the Revised Code, may commence proceedings in a
proper court by filing a petition for appropriation of each
parcel or contiguous parcels in a single common ownership, or
interest or right therein. The petition of a private agency
shall be verified as in a civil action and all. All petitions shall
contain:
(A) A description of each parcel of land or interest or
right therein sought to be appropriated, such as will permit
ready identification of the land involved;
(B) In the case of a private agency, a (1) A statement that such
the appropriation is necessary, for a public use, and, in the case of a public agency,
a copy of the resolution of the public agency to appropriate;
(2) If the property being appropriated is a blighted parcel that is being appropriated pursuant to a redevelopment plan, a statement that shows the basis for the finding of blight and that supports that the parcel is part of a blighted area pursuant to the definition in section 1.08 of the Revised Code.
(C) A statement of the purpose of the appropriation;
(D) A statement of the estate or interest sought to be
appropriated;
(E) The names and addresses of the owners, so far as they
can be ascertained;
(F) A statement showing requirements of section 163.04 of
the Revised Code have been met;
(G) A prayer for the appropriation;.
(H) In the event of an appropriation where the agency would require less than
the whole of any parcel containing a residence structure and the required
portion would remove a garage and sufficient land that a replacement garage
could not be lawfully or practically attached, the appropriation shall be for
the whole parcel and all structures, unless the owner agrees to a partial appropriation.
In the event of the appropriation of less than the fee of
any parcel or of a fee in less than the whole of any parcel of
property, the agency shall either make available to the owner or
shall file in the office of the county engineer, a description of
the nature of the improvement or use which requires the
appropriation, including any specifications, elevations, and
grade changes already determined at the time of the filing of the
petition, in sufficient detail to permit a determination of the
nature, extent, and effect of the taking and improvement. A set
of highway construction plans shall be acceptable in providing
such description for the purposes of the preceding sentence in
the appropriation of land for highway purposes.
Sec. 163.06. (A) A public agency, other than an agency
appropriating property for the purposes described in division (B)
of this section, which that qualifies pursuant to Section 19 of
Article I, Ohio Constitution, may deposit with the court at the
time of filing the petition the value of such property
appropriated together with the damages, if any, to the residue,
as determined by the public agency, and thereupon take possession
of and enter upon the property appropriated. The right of
possession upon deposit as provided in this division shall not
extend to structures.
(B) A public agency appropriating property for the purpose
of making or repairing roads which shall be open to the public,
without charge, or for the purpose of implementing rail service under Chapter
4981. of the Revised Code,
may deposit with the court at the time of filing the petition the
value of such property appropriated together with the damages, if
any, to the residue, as determined by the public agency, and
stated in an attached declaration of intention to obtain
possession and thereupon take possession of and enter upon the
property appropriated, including structures situated upon the
land appropriated for such purpose or situated partly upon the
land appropriated therefor and partly upon adjoining land, so
that such structures cannot be divided upon the line between such
lands without manifest injury thereto. The jury, in assessing
compensation to any owner of land appropriated under this
division shall assess the value thereof in accordance with
section 163.14 of the Revised Code. The owner or occupant of
such structures shall vacate the same within sixty days after
service of summons as required under section 163.07 of the
Revised Code, at no cost to the appropriating agency, after which
time the agency may remove said structures. In the event such
structures are to be removed before the jury has fixed the value
of the same, the court, upon motion of the agency, shall:
(1) Order appraisals to be made by three persons, one to
be named by the owner, one by the county auditor, and one by the
agency. Such appraisals may be used as evidence by the owner or
the agency in the trial of said case but shall not be binding on
said owner, agency, or the jury, and the expense of said
appraisals shall be approved by the court and charged as costs in
said case.
(2) Cause pictures to be taken of all sides of said
structures;
(3) Compile a complete description of said structures,
which shall be preserved as evidence in said case to which the
owner or occupants shall have access.
(C) Any time after the deposit is made by the public
agency under division (A) or (B) of this section, the owner may
apply to the court to withdraw the deposit, and such withdrawal
shall in no way interfere with the action except that the sum so
withdrawn shall be deducted from the sum of the final verdict or
award. Upon such application being made the court shall direct
that the sum be paid to such owner subject to the rights of other
parties in interest provided such parties make timely application
as provided in section 163.18 of the Revised Code. Interest
shall not accrue on any sums withdrawable as provided in this
division.
Sec. 163.09. (A) If no answer is filed pursuant to
section 163.08 of the Revised Code, and no approval ordered by the
court to a settlement of the rights of all necessary parties, the
court, on motion of a public agency, shall declare the value of
the property taken and the damages, if any, to the residue to be as set forth in
any document properly filed with the clerk of the court of common pleas by the
public agency. In all other cases, the court shall fix a time,
within twenty days from the last date that the answer could have
been filed, for the assessment of compensation by a jury.
(B)(1) When an answer is filed pursuant to section 163.08 of
the Revised Code and any of the matters relating to the right to
make the appropriation, the inability of the parties to agree, or
the necessity for the appropriation are specifically denied in
the manner provided in that section, the court shall set a day,
not less than five or more than fifteen days from the date the
answer was filed, to hear those matters. Upon those matters,
the burden of proof is upon the owner. A agency by a preponderance of the evidence except as follows:
(a) A resolution or ordinance
of the governing or controlling body, council, or board of the
agency declaring the necessity for the appropriation shall be
prima-facie evidence creates a rebuttable presumption of that the necessity in the absence of proof
showing an abuse of discretion by the agency in determining that
necessity for the appropriation.
(b) The presentation by a public utility of evidence of the necessity for the appropriation creates a rebuttable presumption of the necessity for the appropriation.
(c) Approval by a state regulatory authority of an appropriation by a public utility creates an irrebuttable presumption of the necessity for the appropriation.
(2) Subject to the irrebuttable presumption in division (B)(1)(c) of this section, only the judge may determine the necessity of the appropriation. If, as to any or all of the property or other interests
sought to be appropriated, the court determines the matters in
favor of the agency, the court shall set a time for the
assessment of compensation by the jury within twenty days from
the date of the journalization of that determination. An Except as provided in division (B)(3) of this section, an order
of the court in favor of the agency on any of the matters or
on qualification under section 163.06 of the Revised Code shall
not be a final order for purposes of appeal. An order of the
court against the agency on any of the matters or on the
question of qualification under section 163.06 of the Revised
Code shall be a final order for purposes of appeal. If a public
agency has taken possession prior to such an order and such an order,
after any appeal, is against the agency on any of the matters,
the agency shall restore the property to the owner in its
original condition or respond in damages, which may include the
items set forth in division (A)(2) of section 163.21 of the
Revised Code, recoverable by civil action, to which the state
consents.
(3) An owner has a right to an immediate appeal if the order of the court is in favor of the agency in any of the matters the owner denied in the answer, unless the agency is appropriating property in time of war or other public exigency imperatively requiring its immediate seizure, for the purpose of making or repairing roads which shall be open to the public without charge, for the purpose of implementing rail service under Chapter 4981. of the Revised Code, or under section 307.08, 504.19, 6101.181, 6115.221, 6117.39, or 6119.11 of the Revised Code as the result of a public exigency.
(C) When an answer is filed pursuant to section 163.08 of
the Revised Code, and none of the matters set forth in division
(B) of this section is specifically denied, the court shall fix a
time within twenty days from the date the answer was filed for
the assessment of compensation by a jury.
(D) If answers are filed pursuant to divisions (B) and (C)
of this section, or an answer is filed on behalf of fewer than
all the named owners, the court shall set the hearing or hearings
at such times as are reasonable under all the circumstances, but
in no event later than twenty days after the issues are joined as
to all necessary parties or twenty days after rule therefor,
whichever is earlier.
(E) The court, with the consent of the parties, may order
two or more cases to be consolidated and tried together, but the
rights of each owner to compensation, damages, or both shall be
separately determined by the jury in its verdict.
(F) If an answer is filed under section 163.08 of the Revised Code with respect to the value of property appropriated under section 307.08, 504.19, 6101.181, 6115.221, 6117.39, or 6119.11 of the Revised Code as the result of a public exigency, the burden of proof with respect to that value is on the party or parties to the appropriation other than the property owners.
(G) If the court determines the matter in the favor of the owner as to the necessity of the appropriation, in a final, unappealable order, the court shall award the owner reasonable attorney's fees and costs.
Sec. 163.14. In appropriation proceedings the jury shall
be sworn to impartially assess the compensation and damages, if
any, without deductions for general benefits as to the property
of the owner.
The jury, in its verdict, shall assess the compensation for
the property appropriated and damages, if any, to the residue, to
be paid to the owners. When a building or other structure is on
the property appropriated or when a building or other structure
is situated partly upon the land appropriated and partly upon
adjoining land so that the structure cannot be divided upon the
line between such lands without manifest injury thereto, the
jury, in assessing compensation to any owner of the land, shall
assess the value thereof, as part of the compensation. The title
to said structure shall vest in the agency which shall have the
right to enter upon the adjoining land upon which any part of the
structure is located for the purpose of removing said structure
therefrom, after deposit in accordance with the verdict. Such
removal shall be made within ninety days after taking title to
the property appropriated; provided, that the court may extend
removal time upon such conditions as the court requires. When the property appropriated was being used for a business, the jury shall assess compensation for any lost business and any loss of goodwill up to five thousand dollars.
The verdict shall be signed by at least three-fourths of
the members of the jury.
If a jury is discharged without rendering a verdict,
another shall be impaneled at the earliest convenient time and
shall make the inquiry and assessment.
Sec. 163.15. (A) As soon as the agency pays to the party entitled thereto or
deposits with the court the amount of the award and the costs assessed against
the agency, it may take possession; provided, that this shall not be construed
to limit the right of a public agency to enter and take possession, as
provided in section 163.06 of the Revised Code. When the agency is entitled
to possession the court shall enter an order to such effect upon the record
and, if necessary, process shall be issued to place the agency in possession.
Whenever a final journal entry in an appropriation proceeding, granting to
this
state a fee title or any lesser estate or interest in real property is filed
and journalized by the clerk of courts, the clerk of courts shall forthwith
transmit to the county auditor a certified copy of said final journal entry
who shall transfer the property on his the auditor's books and
transmit said entry with
proper endorsement to the county recorder for recording. The costs of filing
such final journal entry with the county auditor and the county recorder shall
be taxed as costs in the appropriation proceedings the same as other costs are
taxed under section 163.16 of the Revised Code.
(B) Whenever the appropriation of real
property requires a person to move or relocate, the agency shall make a payment to that person, upon
proper application as approved by the agency, for all of
the following:
(1) Actual reasonable expenses in moving the person and the person's
family, business, farm operation, or other personal property;
(2) Actual direct losses of tangible personal property as
a result of moving or discontinuing a business or farm operation,
but not to exceed an amount equal to the reasonable expenses that
would have been required to relocate such property, as determined
by the agency;
(3) Actual reasonable expenses in searching for a
replacement business or farm, but not to exceed two thousand five hundred dollars;
(4) Actual and reasonable expenses necessary to
reestablish a farm, nonprofit organization, or small
business at its new site, but not to exceed ten thousand dollars.
Sec. 163.19. Subject to sections 163.07 and 163.09 of the Revised Code, any
party may prosecute appeals as in other civil actions from the judgment of the
court. The trial court upon proper terms may suspend the execution of any
order; but in all cases where the agency pays or deposits the amount of the
award assessed and gives adequate security for any further compensation and
costs, as required by the court, the right to take and use the property
appropriated shall not be affected by such review by the appellate courts.
Sec. 163.21. (A)(1) If it has not taken possession of
property that is appropriated, an agency may abandon
appropriation proceedings under sections 163.01 to 163.22 of the
Revised Code at any time after the proceedings are commenced but
not later than ninety days after the final determination of the
cause.
(2) In all cases of abandonment as described in division
(A)(1) of this section, the court shall enter a judgment against
the agency for costs, including jury fees, and shall enter a
judgment in favor of each affected owner, in amounts that the
court considers to be just, for each of the following that the
owner incurred:
(a) Witness fees, including expert witness fees;
(c) Other actual expenses.
(B)(1) Except as provided in division (B)(2) of this
section, if in In appropriation proceedings under sections 163.01 to
163.22 of the Revised Code or, as authorized by divisions (A) and (B),
(C), and (D) of section 163.02 of the Revised Code, in for
appropriation proceedings in time of a public exigency under other sections of the Revised
Code, if the court determines that an agency is not entitled to
appropriate particular property, the court shall enter both of
the following:
(a) A judgment against the agency for costs, including
jury fees;
(b) A judgment in favor of each affected owner, in amounts
that the court considers to be just, for the owner's reasonable costs, disbursements, and expenses, to include witness fees, including
expert witness fees, for attorney's fees, appraisal and engineering fees, and for other actual
expenses that the owner incurred in connection with the
proceedings.
(2) This division does not apply to a state agency that is
subject to section 163.62 of the Revised Code in connection with
condemnation proceedings Any award to an owner pursuant to this section shall be paid by the head of the agency for whose benefit the appropriation proceedings were initiated.
(C)(1) Except as otherwise provided in division (C)(2) or (3) of this section, when an agency appropriates property and the final award of compensation is greater than one hundred twenty-five per cent of the agency's first offer for the property or, if before commencing the appropriation proceeding the agency made a revised offer based on conditions indigenous to the property that could not reasonably have been discovered at the time of the first offer, one hundred twenty-five per cent of the revised offer, the court shall enter judgment in favor of the owner, in amounts the court considers just, for all costs and expenses, including attorney's and appraisal fees, that the owner actually incurred.
(2) When an agency has negotiated in good faith with the owner or the owner's representative before and after filing an action to appropriate property or when the nature of the property interest to be appropriated is inordinately complex or unique or of such a nature that expert appraisers may reasonably disagree, the court shall not enter judgment in favor of the owner for attorney's fees or costs unless the final award of compensation is more than one hundred fifty per cent of the agency's first or revised offer. If the final award of compensation is more than one hundred fifty per cent of the agency's first or revised offer, the court shall enter judgment in favor of the owner for attorney's fees or costs or both in amounts that the court considers just.
(3) Divisions (C)(1) and (2) of this section do
not apply in either of the following circumstances:
(a) The agency is appropriating property in time of war or other public exigency imperatively requiring its immediate seizure, for the purpose of making or repairing roads which shall be open to the public without charge, for the purpose of implementing rail service under Chapter 4981. of the Revised Code, or under section 307.08, 504.19, 6101.181, 6115.221, 6117.39, or 6119.11 of the Revised Code as the result of a public exigency, or the agency is a municipal corporation that is appropriating property as a result of a public health exigency.
(b) The owner and the agency exchanged appraisals prior to the filing of the petition and the final award of compensation was not more than one hundred twenty-five per cent of the agency's first offer for the property made subsequent to the exchange of appraisals and at least thirty days before the filing of the petition.
Sec. 163.211. If an agency decides not to use appropriated property for the purpose stated in the appropriation petition, the prior owner from whom the property was appropriated may repurchase the property for its fair market value as determined by an independent appraisal. The right of repurchase shall be extinguished if any of the following occur:
(A) The prior owner declines to repurchase the property.
(B) The prior owner fails to repurchase the property within sixty days after the public agency offers the property for repurchase.
(C) A plan, contract, or arrangement is authorized that commences an urban renewal project that includes the property.
(D) The agency grants or transfers the property to any other person or agency.
(E) Five years have passed since the property was appropriated.
(F) Prior to the filing of the petition for appropriation, the appropriated property was a blighted parcel, and the prior owner contributed to the blight.
Sec. 163.53. (A) Whenever the acquisition of real
property for a program or project undertaken by a displacing
agency will result in the displacement of any person, the head of
the agency shall make a payment to any displaced person, upon
proper application as approved by such agency head, for all of
the following:
(1) Actual reasonable expenses in moving himself the person,
his the person's
family, business, farm operation, or other personal property;
(2) Actual direct losses of tangible personal property as
a result of moving or discontinuing a business or farm operation,
but not to exceed an amount equal to the reasonable expenses that
would have been required to relocate such property, as determined
by the head of the displacing agency;
(3) Actual reasonable expenses in searching for a
replacement business or farm, but not to exceed two thousand five hundred dollars;
(4) Actual and reasonable expenses necessary to
reestablish a displaced farm, nonprofit organization, or small
business at its new site, but not to exceed ten thousand dollars.
(B) Any displaced person eligible for payments under
division (A) of this section who is displaced from a dwelling and
who elects to accept the payments authorized by this division in
lieu of the payments authorized by division (A) of this section
may receive an expense and dislocation allowance, determined
according to a schedule established by the head of the displacing
agency.
(C) Any displaced person eligible for payments under
division (A) of this section who is displaced from his the
person's place of
business or from his the person's farm operation may qualify for
the payment
authorized by this division in lieu of the payment authorized by
division (A) of this section. The payment authorized by this
division shall consist of a fixed payment in an amount to be
determined according to criteria established by the head of the
lead agency, except that such payment shall be not less than one
thousand dollars nor more than twenty thousand dollars. A person
whose sole business at the displacement dwelling is the rental of
such property to others does not qualify for a payment under this
division.
(D)(1) Except as provided in section 5501.51 of the
Revised Code, if a program or project undertaken by a displacing
agency results in the relocation of a utility facility, and the
purpose of the program or project was not to relocate or
reconstruct any utility facility; and if the owner of the utility
facility which is being relocated under such program or project
has entered into a franchise or similar agreement with the state
or local government on whose property, easement, or right-of-way
such facility is located with respect to the use of such
property, easement, or right-of-way; and if the relocation of
such facility results in such owner incurring an extraordinary
cost in connection with such relocation; then the displacing
agency may, in accordance with such rules as the head of the lead
agency may adopt, provide to such owner a relocation payment
which may not exceed the amount of such extraordinary cost, less
any increase in the value of the new utility facility above the
value of the old utility facility, and less any salvage value
derived from the old utility facility.
(2) As used in division (D) of this section:
(a) "Extraordinary cost in connection with a relocation"
means any cost incurred by the owner of a utility facility in
connection with relocation of such facility that is determined by
the head of the displacing agency, under such rules as the head
of the lead agency shall adopt, to be a nonroutine relocation
expense, to be a cost that owner ordinarily does not include in
its annual budget as an expense of operation, and to meet such
other requirements as the lead agency may prescribe in such
rules.
(b) "Utility facility" means any electric, gas, water,
steam power, or materials transmission or distribution system;
any transportation system; any communications system, including
cable television; and any fixture, equipment, or other property
associated with the operation, maintenance, or repair of any such
system; which is located on property owned by a state or local
government or over which a state or local government has an
easement or right-of-way. A utility facility may be publicly,
privately, or cooperatively owned.
Sec. 163.62. (A) The court having jurisdiction of a
proceeding instituted by a state agency to acquire real property
by condemnation shall award the owner of any right, or title to,
or interest in, such real property such sum as will in the
opinion of the court reimburse such owner for his the owner's
reasonable
costs, disbursements, and expenses, including reasonable
attorney, appraisal, and engineering fees, actually incurred
because of the condemnation proceeding, if either any of the following occurs:
(1) The final judgment is that the agency cannot acquire
the real property by condemnation; or .
(2) The proceeding is abandoned by the state agency.
(3) The state agency is a public agency as defined in division (A) of section 163.01 of the Revised Code and the final award of compensation is greater than one hundred twenty-five per cent of the state agency's first offer for the property or, if before commencing the appropriation proceeding the public agency made a revised offer based on conditions indigenous to the property that could not reasonably have been discovered at the time of the first offer, one hundred twenty-five per cent of the revised offer, unless the agency is appropriating property in time of war or other public exigency imperatively requiring its immediate seizure, for the purpose of making or repairing roads which shall be open to the public without charge, for the purpose of implementing rail service under Chapter 4981. of the Revised Code, or under section 307.08, 504.19, 6101.181, 6115.221, 6117.39, or 6119.11 of the Revised Code as the result of a public exigency.
(B) Any award made pursuant to division (A) of this
section shall be paid by the head of the agency for whose benefit
the condemnation proceeding was instituted.
Sec. 163.63. Any reference in the Revised Code to any authority to acquire real property by "condemnation" or to take real property pursuant to a power of eminent domain is deemed to be an appropriation of real property pursuant to this chapter and any such taking or acquisition shall be made pursuant to this chapter.
Sec. 303.26. As used in sections 303.26 to 303.56,
inclusive, of the Revised Code, unless a different meaning is
clearly indicated by the context:
(A) "Municipality" means any incorporated city or village
of the state.
(B) "Public body" means the state, any county,
municipality, township, board, commission, authority, district,
or other subdivision.
(C) "Federal government" means the United States or any
agency or instrumentality, corporate or otherwise thereof.
(D) "Slum area" means an area within a county but outside
the corporate limits of any municipality, in which area there is
a predominance of buildings or improvements, whether residential
or nonresidential, which by reason of dilapidation,
deterioration, age or obsolescence, inadequate provision for
ventilation, light, air, sanitation, or open spaces, high density
of population and overcrowding, or the existence of conditions
which endanger life or property, by fire and other causes, or any
combination of such factors is conducive to ill health,
transmission of disease, infant mortality, juvenile delinquency,
or crime, and is detrimental to the public health, safety,
morals, or welfare has the meaning defined in section 1.08 of the Revised Code.
(E) "Blighted area" means an area within a county but
outside the corporate limits of any municipality, which area by
reason of the presence of a substantial number of slum,
deteriorated, or deteriorating structures, predominance of
defective or inadequate street layout, faulty lot layout in
relation to size, adequacy, accessibility, or usefulness,
insanitary or unsafe conditions, deterioration of site or other
improvements, diversity of ownership, tax or special assessment
delinquency exceeding the fair value of the land, defective or
unusual conditions to title, or the existence of conditions which
endanger life or property by fire and other causes, or any
combination of such factors, substantially impairs or arrests the
sound growth of a county, retards the provision of housing
accommodations, or constitutes an economic or social liability
and is a menace to the public health, safety, morals, or welfare
in its present condition and use has the meaning defined in section 1.08 of the Revised Code.
If such blighted area consists of open land, the provisions
of section 303.34 of the Revised Code shall apply.
Any disaster area referred to in section 303.36 of the
Revised Code shall constitute a "blighted area".
(F) "County renewal project" may include undertakings and
activities of a county in a county renewal area for the
elimination and for the prevention of the development or spread
of slums and blight, and may involve slum clearance and
redevelopment in a county renewal area, or rehabilitation or
conservation in a county renewal area, or any combination or part
thereof, in accordance with a county renewal plan, and such
aforesaid undertakings and activities may include acquisition of
a slum area or a blighted area, or portion thereof; demolition
and removal of buildings and improvements; installation,
construction, or reconstruction of streets, utilities, parks,
playgrounds, and other improvements necessary for carrying out in
the county renewal area the county renewal objectives of sections
303.26 to 303.56, inclusive, of the Revised Code in accordance
with the county renewal plan; disposition of any property
acquired in the county renewal area, including sale, initial
leasing, or retention by the county itself, at its fair value for
uses in accordance with the county renewal plan; carrying out
plans for a program of voluntary or compulsory repair and
rehabilitation of buildings or other improvements in accordance
with the county renewal plan; and acquisition of any other real
property in the county renewal area where necessary to eliminate
unhealthful, insanitary, or unsafe conditions; lessen density,
eliminate obsolete, or other uses detrimental to the public
welfare, or otherwise to remove or prevent the spread of blight
or deterioration, or to provide land for needed public
facilities.
(G) "County renewal area" means a slum area or a blighted
area or a combination thereof which the board of county
commissioners designates as appropriate for a county renewal
project.
(H) "County renewal plan" means a plan, as it exists from
time to time, for a county renewal project, which plan shall
conform to the general plan for the county, except as provided in
section 303.36 of the Revised Code, and shall be sufficiently
complete to indicate such land acquisition, demolition, and
removal of structures, redevelopment, improvements, and
rehabilitation as may be proposed to be carried out in the county
renewal area, zoning, and planning changes, if any, land uses,
maximum densities, building requirements, and the plan's
relationship to definite local objectives respecting appropriate
land uses, improved traffic, public transportation, public
utilities, recreational and community facilities, and other
public improvements.
(I) "Redevelopment" and derivatives thereof, when used
with respect to a county renewal area, mean development as well
as redevelopment.
(J) "Real property" includes all lands, including
improvements and fixtures thereon, and property of any nature
appurtenant thereto, or used in connection therewith, and every
estate, interest, right, and use, legal or equitable, therein,
including terms for years and liens by way of judgment, mortgage,
or otherwise.
(K) "Person" means any individual, firm, partnership,
corporation, company, association, joint stock association, or
body politic, and includes any trustee, receiver, assignee, or
other person acting in a similar representative capacity.
(L) "Obligee" includes any bondholder, agents, or trustees
for any bondholders, or lessor demising to the county property
used in connection with a county renewal project, or any assignee
or assignees of such lessor's interest or any part thereof, and
the federal government when it is a party to any contract with
the county.
(M) "Bond," as used in section 303.46 of the Revised Code,
means bonds, including refunding bonds, notes, interim
certificates of special indebtedness, debentures, or other
obligations of a county, payable and secured as authorized by
section 303.46 of the Revised Code.
Sec. 719.012. In order to rehabilitate a building or
structure that a municipal corporation determines to be a threat
to the public health, safety, or welfare; that has been declared
to be a public nuisance under Chapter 3707., 3709., or 3781. of
the Revised Code; and that either has been found to be insecure,
unsafe, structurally defective, unhealthful, or unsanitary under
sections 715.26 to 715.30 of the Revised Code or violates a
building code or ordinance adopted under section 731.231 blighted property as defined in section 1.08 of the
Revised Code, a municipal corporation may appropriate, in the
manner provided in sections 163.01 to 163.22 of the Revised Code,
any such building or structure and the real property of which it
is a part. The municipal corporation shall rehabilitate the
building or structure or cause it to be rehabilitated within two
years after the appropriation, so that the building or structure
is no longer a public nuisance, insecure, unsafe, structurally
defective, unhealthful, or unsanitary, or a threat to the public
health, safety, or welfare, or in violation of a building code or
ordinance adopted under section 731.231 of the Revised Code. Any
building or structure appropriated pursuant to this section which
is not rehabilitated within two years shall be demolished.
If during the rehabilitation process the municipal
corporation retains title to the building or structure and the
real property of which it is a part, then within one hundred
eighty days after the rehabilitation is complete, the municipal
corporation shall appraise the rehabilitated building or
structure and the real property of which it is a part, and shall
sell the building or structure and property at public auction.
The municipal corporation shall advertise the public auction in a
newspaper of general circulation in the municipal corporation
once a week for three consecutive weeks prior to the date of
sale. The municipal corporation shall sell the building or
structure and real property to the highest and best bidder. No
property that a municipal corporation acquires pursuant to this
section shall be leased.
Sec. 725.01. As used in sections 725.01 to 725.11 of the
Revised Code:
(A) "Slum area" means an area within a municipal
corporation, in which area there is a predominance of buildings
or improvements, whether residential or nonresidential, which by
reason of dilapidation, deterioration, age or obsolescence,
inadequate provision for ventilation, light, air, sanitation, or
open spaces, high density of population and overcrowding, or the
existence of conditions which endanger life or property, by fire
and other causes, or any combination of such factors, is
conducive to ill health, transmission of disease, infant
mortality, juvenile delinquency, or crime, and is detrimental to
public health, safety, morals, or welfare has the meaning defined in section 1.08 of the Revised Code.
(B) "Blighted area" means an area within a municipal
corporation, which area by reason of the presence of a
substantial number of slums, deteriorated or deteriorating
structures, predominance of defective or inadequate street
layout, faulty lot layout in relation to size, adequacy,
accessibility, or usefulness, unsanitary or unsafe conditions,
deterioration of site or other improvements, diversity of
ownership, tax or special assessment delinquency exceeding the
fair value of the land, defective or unusual conditions to title,
or the existence of conditions which endanger life or property by
fire and other causes, or any combination of such factors,
substantially impairs or arrests the sound growth of a municipal
corporation, retards the provision of housing accommodations, or
constitutes an economic or social liability and is a menace to
the public health, safety, morals, or welfare in its present
condition and use has the meaning defined in section 1.08 of the Revised Code.
(C)(1) "Development agreement" means an agreement that
includes as a minimum all of the following agreements between a
municipal corporation as obligee and the following parties as
obligors:
(a) An agreement to construct or rehabilitate the
structures and facilities described in the development agreement
on real property described in the agreement situated in an urban
renewal area, the obligor of such agreement to be a party
determined by the legislative authority of the municipal
corporation to have the ability to perform or cause the
performance of the agreement;
(b) The agreement required by section 725.04 of the
Revised Code, the obligor of the agreement to be the owner or
owners of the improvements to be constructed or rehabilitated;
(c) An agreement of the owner or owners of the fee simple
of the real property to which the development agreement pertains,
as obligor, that the owner or owners and their successors and
assigns shall use, develop, and redevelop the real property in
accordance with, and for the period of, the urban renewal plan
and shall so bind their successors and assigns by appropriate
agreements and covenants running with the land enforceable by the
municipal corporation.
(2) A municipal corporation on behalf of the holders of
urban renewal bonds may be the obligor of any of the agreements
described in division (C)(1) of this section.
(D) "Revenues" means all rentals received under leases
made by the municipal corporation in any part or all of one or
more urban renewal areas; all proceeds of the sale or other
disposition of property of the municipal corporation in any part
or all of one or more urban renewal areas; and all urban renewal
service payments collected from any part or all of one or more
urban renewal areas.
(E) "Urban renewal area" means a slum area or a blighted
area or a combination thereof which the legislative authority of
the municipal corporation designates as appropriate for an urban
renewal project.
(F) "Urban renewal bonds" means, unless the context
indicates a different meaning, definitive bonds, interim
receipts, temporary bonds, and urban renewal refunding bonds
issued pursuant to sections 725.01 to 725.11 of the Revised Code,
and bonds issued pursuant to Article XVIII, Section 3, Ohio
Constitution, for the uses specified in section 725.07 of the
Revised Code.
(G) "Urban renewal refunding bonds" means the refunding
bonds authorized by section 725.07 of the Revised Code.
(H) "Urban renewal plan" means a plan, as it exists from
time to time, for an urban renewal project, which plan shall
conform to the general plan for the municipal corporation, if
any, and shall be sufficiently complete to indicate such land
acquisition, demolition, and removal of structures,
redevelopment, improvements, and rehabilitation as may be
proposed to be carried out in the urban renewal area, zoning, and
planning changes, if any, land uses, maximum densities, and
building requirements.
(I) "Urban renewal project" may include undertakings and
activities of a municipal corporation in an urban renewal area
for the elimination and for the prevention of the development or
spread of slums and blight, and may involve slum clearance and
redevelopment in an urban renewal area, or rehabilitation or
conservation in an urban renewal area, or any combination or part
thereof, in accordance with an urban renewal plan, and such
aforesaid undertakings and activities may include acquisition of
a slum area or a blighted area, or portion thereof, demolition
and removal of buildings and improvements; installation,
construction, or reconstruction of streets, utilities, parks,
playgrounds, public buildings and facilities, and other
improvements necessary for carrying out in the urban renewal area
the urban renewal objectives in accordance with the urban renewal
plan, disposition of any property acquired in the urban renewal
area, including sale, leasing, or retention by the municipal
corporation itself, at its fair value for uses in accordance with
the urban renewal plan; carrying out plans for a program of
voluntary or compulsory repair and rehabilitation of buildings or
other improvements in accordance with the urban renewal plan; the
acquisition, construction, enlargement, improvement, or equipment
of property, structures, equipment, or facilities for industry,
commerce, distribution, or research from the proceeds of urban
renewal bonds issued pursuant to division (C) of section 725.05
of the Revised Code; and acquisition of any other real property
in the urban renewal area where necessary to eliminate
unhealthful, unsanitary, or unsafe conditions, lessen density,
eliminate obsolete, or other uses detrimental to the public
welfare, or otherwise to remove or prevent the spread of blight
or deterioration, or to provide land for needed public
facilities.
(J) "Urban renewal debt retirement fund" means a fund,
created pursuant to section 725.03 of the Revised Code by the
legislative authority of a municipal corporation when
authorizing a single issue or a series of urban renewal bonds, to
be used for payment of the principal of and interest and
redemption premium on such urban renewal bonds, trustee's fees,
and costs and expenses of providing credit facilities, put
arrangements, and interest rate hedges, and for fees and expenses
of agents, and other fees, costs, and expenses, in connection
with arrangements under sections 9.98 to 9.983 of the Revised
Code; or when authorizing the repayment of loans from the state issued
pursuant to Chapter 164. of the Revised Code and used for urban renewal
projects, to be used to repay the principal and interest on such loans. When
so authorized by the legislative authority of a municipal corporation, such a
fund may be used for both purposes permitted under this division.
(K) "Urban renewal service payments" means the urban
renewal service payments, in lieu of taxes, provided for in
section 725.04 of the Revised Code.
(L) "Improvements" means the structures and facilities
constructed or rehabilitated pursuant to a development agreement.
(M) "Exemption period" means that period during which all or a portion of
the assessed
valuation of the improvements has
been exempted from real property taxation pursuant to section
725.02 of the Revised Code.
Sec. 1728.01. As used in sections 1728.01 to 1728.13 of
the
Revised Code:
(A) "Governing body" means, in the case of a municipal
corporation, the city council or legislative authority.
(B) "Community urban redevelopment corporation" means a
corporation qualified under Chapter 1728. of the Revised Code, to
acquire, construct, operate, and maintain a project hereunder, or
to acquire, operate, and maintain a project constructed by a
corporation so qualified under Chapter 1728. of the Revised Code,
and the term "corporation" when used within Chapter 1728. of the
Revised Code, shall be understood to be a contraction of the term
"community urban redevelopment corporation" except when the
context indicates otherwise.
(C) "Impacted city" means a municipal corporation that
meets
the requirements of either division (C) (1) or (2) of this
section:
(1) In attempting to cope with the problems of
urbanization,
to create or preserve jobs and employment
opportunities, and to
improve the economic welfare of the people
of the municipal
corporation, the municipal corporation has at
some time:
(a) Taken affirmative action by its legislative body to
permit the construction of housing by a metropolitan housing
authority organized pursuant to sections 3735.27 to 3735.39 of
the
Revised Code within its corporate boundaries or to permit
such a
metropolitan housing authority to lease dwelling units
within its
corporate boundaries; and
(b) Been certified by the director of the department of
development that a workable program for community improvement
(which shall include an official plan of action for effectively
dealing with the problem of urban slums and blight within the
community and for the establishment and preservation of a
well-planned community with well-organized residential
neighborhoods of decent homes and suitable living environment for
adequate family life) for utilizing appropriate private and
public
resources to eliminate, and to prevent the development or
spread
of, slums and urban blight, to encourage needed urban
rehabilitation, to provide for the redevelopment of blighted,
deteriorated, or slum areas, to undertake such activities or
other
feasible community activities as may be suitably employed
to
achieve the objectives of such a program has been adopted. A
determination by the United States that the impacted city's
workable program meets the federal workable program requirements
shall be sufficient for the director's certification.
(2) Been declared a major disaster area, or part of a
major
disaster area, pursuant to the "Disaster Relief Act of
1970," 84
Stat. 1744, 42 U.S.C.A. 4401, as now or hereafter
amended, and has
been extensively damaged or destroyed by a major
disaster,
provided that impacted city status obtained pursuant to
division
(C) (2) of this section lasts for only a limited period
from the
date of the declaration, as determined by the rules
promulgated
pursuant to division (G) of section 122.06 of the
Revised Code,
but in the event that an impacted city, while
qualified under such
division, enters into a financial agreement
with a community urban
redevelopment corporation pursuant to
section 1728.07 of the
Revised Code, a loss of certification
under such rules shall not
affect that agreement or the project
to which it relates.
(D) "Community development plan" means a plan, as it
exists
from time to time, for the redevelopment and renewal of a
blighted
area, which plan shall conform to the general plan for
the
municipality, and shall be sufficiently complete to indicate
such
land acquisition, demolition, and removal of structures,
redevelopment, improvements, and rehabilitation as may be
proposed
to be carried out in such blighted area, zoning, and any
planning
changes, land uses, maximum densities, and building
requirements.
(E) "Blighted area" means an area within a municipality
containing a majority of structures that have been extensively
damaged or destroyed by a major disaster, or that, by reason of
dilapidation, deterioration, age or obsolescence, inadequate
provision for ventilation, light, air, sanitation, or open
spaces,
unsafe and unsanitary conditions or the existence of
conditions
which endanger lives or properties by fire or other
hazards and
causes, or that, by reason of location in an area
with inadequate
street layout, incompatible land uses or land use
relationships,
overcrowding of buildings on the land, excessive
dwelling unit
density, or other identified hazards to health and
safety, are
conducive to ill health, transmission of disease,
juvenile
delinquency and crime and are detrimental to the public
health,
safety, morals and general welfare has the meaning defined in section 1.08 of the Revised Code.
(1) As to blighted areas within all municipal
corporations,
the undertaking and execution of the redevelopment
of a blighted
area by a community urban redevelopment
corporation, in whole or
in part, pursuant to a community
development plan approved by the
governing body of the municipal
corporation in which such blighted
area is situated and in
accordance with an agreement for the sale
or lease of all or a
portion of the land concerned in such
redevelopment to the
corporation by a municipal corporation, or
agency, or authority
including the work to be done in reference
thereto, the
designation of the particular proposed buildings to
be
constructed and their uses and purposes, the landscaping of the
premises, the streets and access roads, recreational facilities,
if any, the furnishing of the public utilities, the financial
arrangements, and the terms and conditions of the proposed
municipal corporation and approval; and
(2) In addition as to blighted areas within impacted
cities,
the undertaking and activities of a community urban
redevelopment
corporation in a blighted area for the elimination
and for the
prevention of the development or spread of blight
pursuant to a
community development plan approved by the
governing body of the
impacted city and to the extent agreed to
by the governing body of
the impacted city in the financial
agreement provided for in
section 1728.07 of the Revised Code and
may involve clearance and
redevelopment, or rehabilitation or
conservation or any
combination or part thereof, in accordance
with such community
development plan, and such aforesaid
undertakings and activities
may include acquisition of a blighted
area or portion by purchase
or otherwise, and demolition and
removal of buildings and
improvements.
(G) "Total project unit cost" or "total project cost"
means
the aggregate of the following items as related to any unit
of a
project if the project is to be undertaken in units or to
the
total project if the project is not to be undertaken in
units:
(1) Cost of the land to the community urban redevelopment
corporation;
(2) Architects', engineers', and attorneys' fees paid or
payable by the corporation in connection with the planning,
construction, and financing of the project;
(3) Surveying and testing charges in connection therewith;
(4) Actual construction cost as certified by the
architect,
including the cost of any preparation of the site
undertaken at
the corporation's expense;
(5) Insurance, interest, and finance costs during
construction;
(6) Cost of obtaining initial permanent financing;
(7) Commissions and other expenses paid or payable in
connection with initial leasing;
(8) Real estate taxes and assessments during the
construction period;
(9) Developer's overhead based on a percentage of division
(G) (4) of this section, to be computed in accordance with the
following schedule:
$500,000 or less |
- |
10 per cent |
500,001 through $ 1,000,000 |
- |
$50,000 plus 8 per cent on |
|
|
excess above $500,000 |
1,000,001 through 2,000,000 |
- |
90,000 plus 7 per cent on |
|
|
excess above 1,000,000 |
2,000,001 through 3,500,000 |
- |
160,000 plus 5.6667 per cent |
|
|
on excess above 2,000,000 |
3,500,001 through 5,500,000 |
- |
245,000 plus 4.25 per cent |
|
|
on excess above 3,500,000 |
5,500,001 through 10,000,000 |
- |
330,000 plus 3.7778 per cent |
|
|
on excess above 5,500,000 |
Over 10,000,000 |
- |
5 per cent |
(H) "Annual gross revenue" means the total annual gross
rental and other income of a community urban redevelopment
corporation from the project. If in any leasing, any real estate
taxes or assessments on property included in the project, any
premiums for fire or other insurance on or concerning property
included in the project, or any operating or maintenance expenses
ordinarily paid by a landlord are to be paid by the tenant, such
payments shall be computed and deemed to be part of the rent and
shall be included in the annual gross revenue. The financial
agreement provided for in section 1728.07 of the Revised Code
shall establish the method of computing such additional revenue,
and may establish a method of arbitration where either the
landlord or the tenant disputes the amount of such payments so
included in the annual gross revenue.
(I) "Major disaster" means any tornado, storm, flood, high
water, wind-driven water, tidal wave, earthquake, fire, or other
catastrophe.
Sec. 2505.02. (A) As used in this section:
(1) "Substantial right" means a right that the United
States Constitution, the Ohio
Constitution, a statute, the common
law, or a rule of procedure entitles a person to enforce or protect.
(2) "Special proceeding" means an action or proceeding that is specially
created by statute and that prior to 1853 was not denoted as an action at law
or a suit in equity.
(3) "Provisional remedy" means a proceeding ancillary to an action,
including, but not limited to, a proceeding for a preliminary injunction,
attachment, discovery of privileged matter,
suppression of evidence, a prima-facie showing pursuant to section 2307.85 or 2307.86 of the Revised Code, a prima-facie showing pursuant to section 2307.92 of the Revised Code, or a finding made pursuant to division (A)(3) of section 2307.93 of the Revised Code.
(B) An order is a final order that may be reviewed, affirmed,
modified, or reversed, with or without retrial, when it is one of the
following:
(1) An order that affects a substantial right in an action
that in
effect determines the action and prevents a judgment;
(2) An order that affects a
substantial right made in a special proceeding or upon a summary application
in an action after judgment;
(3) An order
that vacates or sets aside a judgment
or grants a new trial;
(4) An order that grants or denies a provisional remedy and to which both
of the following apply:
(a) The order in effect determines the action with respect to the
provisional remedy and prevents a judgment in the action in favor of the
appealing party with respect to the provisional remedy.
(b) The appealing party would not be afforded a meaningful or
effective remedy by an appeal following final judgment as to all proceedings,
issues, claims, and parties in the action.
(5) An order that determines that an action may or may not be
maintained as a class action;
(6) An order determining the constitutionality of any changes to the Revised Code made by Am. Sub. S.B. 281 of the 124th general assembly, including the amendment of sections 1751.67, 2117.06, 2305.11, 2305.15, 2305.234, 2317.02, 2317.54, 2323.56, 2711.21, 2711.22, 2711.23, 2711.24, 2743.02, 2743.43, 2919.16, 3923.63, 3923.64, 4705.15, and 5111.018, and the enactment of sections 2305.113, 2323.41, 2323.43, and 2323.55 of the Revised Code or any changes made by Sub. S.B. 80 of the 125th general assembly, including the amendment of sections 2125.02, 2305.10, 2305.131, 2315.18, 2315.19, and 2315.21 of the Revised Code;
(7) An order in an appropriation proceeding that may be appealed pursuant to division (B)(3) of section 163.09 of the Revised Code.
(C) When a court issues an order that vacates or sets aside a
judgment or grants a
new trial, the court, upon the request of either party, shall state in the
order the grounds upon which the new trial is granted or the judgment vacated
or set aside.
(D) This section applies to and governs any action, including an
appeal, that is pending in any court on July 22, 1998,
and all claims filed or actions commenced on or after July 22, 1998, notwithstanding
any provision of any prior statute or rule of
law of this state.
Sec. 3735.40. As used in sections 3735.27, 3735.31, and
3735.40 to 3735.50 of the Revised Code:
(A) "Federal government" includes the United States, the
federal works administrator, or any other agency or
instrumentality, corporate or otherwise, of the United States.
(B) "Slum area" means any area where dwellings predominate
which, by reason of dilapidation, overcrowding, faulty
arrangement or design, lack of ventilation, light, or sanitary
facilities, or any combination of these factors, are detrimental
to safety, health, or morals has the meaning defined in section 1.08 of the Revised Code.
(C) "Housing project" or "project" means any of the
following works or undertakings:
(1) Demolish, clear, or remove buildings from any slum
area. Such work or undertaking may embrace the adaptation of
such area to public purposes, including parks or other
recreational or community purposes.
(2) Provide decent, safe, and sanitary urban or rural
dwellings, apartments, or other living accommodations for persons
of low income. Such work or undertaking may include buildings,
land, equipment, facilities, and other real or personal property
for necessary, convenient, or desirable appurtenances, streets,
sewers, water service, parks, site preparation, gardening,
administrative, community, health, recreational, educational,
welfare, or other purposes.
(3) Accomplish a combination of the foregoing. "Housing
project" also may be applied to the planning of the buildings and
improvements, the acquisition of property, the demolition of
existing structures, the construction, reconstruction,
alteration, and repair of the improvements, and all other work in
connection therewith.
(D) "Families of low income" means persons or families who
lack the amount of income which is necessary, as determined by
the metropolitan housing authority undertaking the housing
project, to enable them, without financial assistance, to live in
decent, safe, and sanitary dwellings, without overcrowding.
(E) "Families" means families consisting of two or more
persons, a single person who has attained the age at which an
individual may elect to receive an old age benefit under Title II
of the "Social Security Act" or is under disability as defined in
section 223 of that act, 49 Stat. 622 (1935), 42 U. S. C. A.
401, as amended, or the remaining member of a tenant family.
(F) "Families" also means a single person discharged by
the head of a hospital pursuant to section 5122.21 of the Revised
Code after March 10, 1964.
Section 2. That existing sections 163.01, 163.02, 163.04, 163.05, 163.06, 163.09, 163.14, 163.15, 163.19, 163.21, 163.53, 163.62, 303.26, 719.012, 725.01, 1728.01, 2505.02, and 3735.40 of the Revised Code are hereby repealed.
Section 3. The General Assembly finds that in order to adequately protect property rights and ensure that vital public improvements are completed in a timely manner, it is necessary to provide for prompt appeals from adverse judgments in appropriation actions. As a result, the General Assembly encourages the Supreme Court of Ohio to exercise its constitutional authority under Section 5 of Article IV, Ohio Constitution, to adopt a procedural rule requiring expedited appeals in appropriation actions.
Section 4. The General Assembly finds that to ensure the fairness of appropriation proceedings under Chapter 163. and other provisions of the Revised Code, persons who testify in such proceedings as to the value of property should be licensed appraisers who are required to follow the Uniform Standards of Professional Appraisal Practice. Therefore, the General Assembly respectfully requests the Supreme Court to adopt rules to require that a witness who testifies in an appropriation proceeding as to the value of property hold a professional license as a real estate appraiser and to adhere to professional standards of practice.
Section 5. Section 2505.02 of the Revised Code is presented in
this act as a composite of the section as amended by both Am. Sub. H.B. 516 and Am. Sub. S.B. 80 of
the 125th General Assembly. The General Assembly, applying the
principle stated in division (B) of section 1.52 of the Revised
Code that amendments are to be harmonized if reasonably capable of
simultaneous operation, finds that the composite is the resulting
version of the section in effect prior to the effective date of
the section as presented in this act.
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