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Am. Sub. S. B. No. 7 As Concurred by the SenateAs Concurred by the Senate
127th General Assembly | Regular Session | 2007-2008 |
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Cosponsors:
Senators Harris, Faber, Schaffer, Amstutz, Coughlin, Gardner, Padgett, Schuring, Clancy, Mumper, Carey, Niehaus, Austria, Buehrer, Goodman, Jacobson, Schuler, Spada, Stivers, Miller, R., Wilson, Cates
Representatives Blessing, Wagoner, Coley, Bacon, Seitz, Batchelder, Adams, Aslanides, Bubp, Carmichael, Collier, Combs, Core, Daniels, Dolan, Domenick, Evans, Flowers, Gibbs, Goodwin, Hagan, J., Hite, Hottinger, Hughes, Jones, Oelslager, Peterson, Reinhard, Schindel, Setzer, Stebelton, Uecker, Wachtmann, Wagner, White, Zehringer
A BILL
To amend sections 163.01, 163.02, 163.04, 163.05,
163.06, 163.09, 163.12, 163.14, 163.15, 163.19,
163.21,
163.53, 163.62, 303.26, 719.012,
1728.01,
2505.02, and 3735.40 and to enact
sections 1.08,
163.021, 163.041, 163.051,
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, 163.12, 163.14, 163.15, 163.19, 163.21, 163.53,
163.62,
303.26, 719.012, 1728.01, 2505.02, and 3735.40 be
amended
and sections 1.08, 163.021, 163.041, 163.051, 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
seventy 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) A structure that is dilapidated,
unsanitary, unsafe, or
vermin infested and that because of its
condition has been
designated by an agency that is responsible for the enforcement of
housing, building, or fire codes as unfit for human
habitation or
use;
(b) The property poses a direct threat to public health or
safety in its present condition by reason of environmentally
hazardous conditions, solid waste pollution, or contamination;
(c) Tax or special assessment delinquencies exceeding the
fair value of the land that remain unpaid thirty-five days after
notice to pay has been mailed.
(2) A parcel that has two or more of the following
conditions that, collectively considered, adversely affect
surrounding or community property values or entail land use
relationships that cannot reasonably be corrected through existing
zoning codes or other land use regulations:
(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;
(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)(1) 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.
(2) A property that under division (D)(1) of this section is
not a blighted parcel shall not be included in a blighted area or
slum.
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 a public utility
owned or operated by one or more municipal corporations, an
electric
cooperative, and an agency holding a certificate of
public
convenience and necessity granted by the federal energy
regulatory
commission.
(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, municipal power agency, or common
carrier;
(b) A private entity that occupies a port authority
transportation facility or an incidental area within
a publicly
owned and occupied project;
(c) A private entity when the agency that takes the property
establishes by a preponderance of
the evidence that the property
is a blighted parcel or is included in a blighted
area.
(2) All of the following are presumed to be public uses:
utility facilities, roads, sewers, water lines, public schools,
public institutions of higher education, private institutions of
higher education that are authorized to appropriate property under
section 3333.08 of the Revised Code,
public parks, government
buildings, port authority transportation facilities, projects by
an agency that is
a public utility, and
similar facilities and
uses of land.
(I) "Electric cooperative" has the same meaning as in section
4928.01 of the Revised Code.
(J) "Good faith offer" means the written offer that an agency
that is appropriating property must make to the owner of the
property pursuant to division (B) of section 163.04 of the Revised
Code before commencing an appropriation proceeding.
(K) "Goodwill" means the calculable benefits that accrue to a
business as a result of its location, reputation for
dependability, skill or quality, and any other circumstances that
result in probable retention of old, or acquisition of new,
patronage.
(L) "Municipal power agency" has the same meaning as in
section 3734.058 of the Revised Code.
(M) "Port authority transportation facility" means any
facility developed, controlled, or operated by a port authority
for the purpose of providing passenger, cargo, or freight
transportation services, such as airports, maritime ports, rail
facilities, transit facilities, and support facilities directly
related to
any airport, maritime port, rail facility, or transit
facility.
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,
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, or as otherwise provided to
abate a health nuisance or because of a public exigency as
provided in a municipal
charter or ordinance.
(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 the manner required
by 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 pursuant to section 163.211 of the Revised Code if the
agency decides not to use the property for the purpose stated in
the appropriation petition and the owner provides timely notice of
a desire to repurchase. Nothing in this section affects the
authority of the director of transportation to convey unneeded
property pursuant to division (F) of section 5501.34 of the
Revised Code.
(E) Nothing in this chapter precludes any person from
voluntarily conveying a property to an agency that is considering
appropriating the property or that offers to purchase the property
under threat of appropriation. Any such voluntary conveyance of a
property to an agency is deemed for all purposes to be a sale
under the threat of appropriation for a public use. This division
applies to a voluntary conveyance to an agency regardless of
whether the property is a blighted property or is located in a
blighted area, or the property subsequently could be found for any
reason not to qualify for appropriation by the agency.
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 one
study 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.
(D) No agency shall appropriate property based on a finding
that the parcel is a blighted parcel or that the area is a
blighted area or slum by making that finding in, or in conjunction
with, an emergency ordinance or resolution.
(E) If an appropriation is by a public agency that is not
elected and an owner has provided the public agency with a written
objection to the appropriation, the elected officials of the
public agency or elected
individual that appointed the unelected
agency may veto that
appropriation. If the unelected public
agency was appointed by
more than one public agency or elected
individual, a majority vote
of the elected officials of the
appointing public agencies or elected individuals is
required to
veto the appropriation. If the public agency that is
not elected
is a state agency or instrumentality such as a
university, the
governor has the veto authority. The governor may
delegate that
authority but may not delegate that authority to the unelected
agency that seeks the appropriation.
Sec. 163.04. Appropriations shall be made
(A) At least
thirty days before filing a petition pursuant to section 163.05 of
the Revised Code, an agency shall provide notice to the owner of
the agency's intent to acquire the property. The notice shall be
substantially in the form set forth in section 163.041 of the
Revised Code. The notice shall be delivered personally on, or by
certified mail to, the owner of the property or the owner's
designated representative.
(B) Together with the notice that division (A) of this
section requires, or after providing that notice but not less than
thirty days before filing a petition pursuant to section 163.05 of
the Revised Code, an agency shall provide an owner with a written
good faith offer to purchase the property. The agency may revise
that offer if before commencing an appropriation proceeding the
agency becomes aware of conditions indigenous to the property that
could not reasonably have been discovered at the time of the
initial good faith offer or if the agency and the owner exchange
appraisals prior to the filing of the petition.
(C) 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 to the
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 or is unknown, 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.
(D) 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.
(E) 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. 163.041. Before initiating an appropriation action, an
agency shall provide notice to each property owner as required by
division (A) of section 163.04 of the Revised Code. The notice
shall be substantially in the following form:
NOTICE OF INTENT TO ACQUIRE
TO: .................... (owner(s)) DATE: .............
.......... (agency) needs your property for a ..........
(description of the project) and will need to acquire the
following from you:
.................... (general description of the property or
easement to be acquired).
Ohio law authorizes .......... (agency) to obtain your property or
an easement across your property for certain public purposes. The
legal description of your property that .......... (agency) needs
is: (is attached:)
We will be presenting you with a written offer based on our
determination of the fair market value of your property. You will
have ...... days (minimum of ten) from the time you receive that
offer to accept or
reject the offer. We will be willing to
discuss the offer with you
during that time. You are not required
to accept that offer. If you reject the offer or we are unable to
come
to an agreement, we may have to exercise our eminent domain
authority to appropriate your property, which requires a court
procedure. In a court proceeding, you may
disagree with any of
the following: whether the project is
necessary (except in quick
takes), whether the project is a public use (except in quick
takes), whether your property is blighted (if applicable), and
whether our
offer reflects the fair market value of the property.
HERE IS A BRIEF SUMMARY OF YOUR OPTIONS AND LEGALLY PROTECTED
RIGHTS:
1. By law, .......... (agency) is required to make a good
faith effort to purchase (your property) (an easement across your
property).
2. You do not have to accept this offer and ..........
(agency) is not required to agree to your demands.
3. If you do not accept this offer, and we cannot come to an
agreement on the acquisition of (your property)(an easement),
.......... (agency) has the right to file suit to acquire the
(property)(easement) by eminent domain in the county in which the
property is located.
4. You have the right to seek the advice of an attorney, real
estate appraiser, or any other person of your choice in this
matter.
5. (this paragraph does not apply to private agencies or to
municipally owned public utilities) You have a right to appeal
this decision and may object to this project's public purpose,
necessity, designation of blight (if applicable), or valuation by
writing, within ten business days of receiving
this notice, to:
.................... (name(s) and address(es) of the taking
agency, as well as to the elected official(s) who appointed the
taking agency if the taking agency is not elected).
(The
elected official)(A majority of the elected officials)
that
appointed .......... (unelected agency) has/have the
discretion to
veto this project, and if they do so, it will not
proceed. (This applies only if the taking agency is a public
agency composed of officials who were not elected.)
6. We are required by law to provide you with a written offer
and the appraisal or
summary appraisal on which we base that
offer (public agencies and public utilities may delete this phrase
for properties
valued at less than $10,000 if they have adopted
alternate
procedures).
After a trial, a jury will decide the amount you are to be
awarded for
your property that is taken, for the damage that is
caused by the taking, if applicable, and for other damages
permitted by law, which could either exceed or be less than our
offer. During the court proceeding, you have the right to testify
as to the value of your property, and you and the agency are
entitled to present evidence of the fair market value of the
property (easement).
You may employ, at your own expense, appraisers and attorneys
to represent you at this time or at any time during the
proceedings described in this notice.
If we go to court to determine the amount we pay for your
property and the jury awards you an amount that is significantly
in excess of a good faith offer, revised offer, or offer made
after an exchange of appraisals, as provided by law, you may be
entitled to recover attorney's fees, costs, and expenses, subject
to certain statutory limits.
If we go to court to determine whether the project is
necessary or for a public use, and the court decides that it is
not necessary or not for a public use, the judge shall award you
your full amount of attorney's fees, costs, and expenses.
You also have the right to request that the issue of the
value of your property
be submitted to nonbinding mediation. You
must submit your written request for mediation within ten business
days after you file an
answer to the agency's petition for an
appropriation proceeding. If a settlement is not reached at
mediation, the matter will proceed to a jury valuation trial.
If you have any questions concerning this matter, you may
contact us at:
.................... (full name, mailing, and street address, and
phone of the agency)
.................... (signature of contact person)
.................... (printed name and title of contact person)
Agent of .................... (if different than agency)
Sec. 163.05. An agency which that has met the requirements
of
section sections 163.04 and 163.041 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, at the discretion of the owner,
the owner waives this requirement, in which case the agency shall
appropriate only the portion that the agency requires as well as
the entirety of any structure that is in whole or in part on the
required portion.
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. 163.051. Either an owner of property or an agency may
request that the issue of the value of the property be submitted
to nonbinding
mediation. Any request for mediation shall be made
in writing within ten business days after the owner
files an
answer pursuant to section 163.08 of the Revised Code.
The court
shall appoint a mediator, and the mediation shall be conducted and
concluded within fifty days after the owner filed an answer. Only
a judge may extend the time for concluding the mediation, and the
judge may do so only for the reason of an inability to obtain an
appraisal. The agency shall pay the cost of mediation.
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 if the agency is not
appropriating the property because it is a blighted parcel or part
of a blighted area or slum.
(b) The presentation by a public utility or common carrier of
evidence of the
necessity for the appropriation creates a
rebuttable presumption
of the necessity for the appropriation.
(c) Approval by a state or federal regulatory authority of an
appropriation by a public utility or common carrier 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 not less than sixty days from
the date of the
journalization of that
determination, subject to the right of the
parties to request
mediation under section 163.051 of the Revised
Code and the right
of the owner to an immediate appeal under
division (B)(3) of this
section. 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 or by a public
utility owned and operated by a municipal corporation 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 trier of
fact shall determine that value based on the evidence presented,
with neither party having 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 or whether the use
for which the agency seeks to appropriate the property is a public
use, in a final,
unappealable order, the court shall award the
owner reasonable
attorney's fees, expenses, and costs.
Sec. 163.12. (A) A view of the premises to be appropriated
or of premises appropriated shall be ordered by
the court when
demanded requested by a party to the proceedings.
(B) The property owners shall open
and close the case except
that, if the premises are appropriated under section 163.06,
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 party or
parties other than the owners shall open and close the case.
(C) The court may amend any defect or informality in
proceedings under sections
163.01 to 163.22 of the Revised Code.
The court may cause new
parties to be added and direct further
notice to be given to a party in
interest as the court considers
proper.
(D) No part of the pleadings, other than the petition, shall
be read or exhibited
to the jury.
Sec. 163.14. (A) 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.
(B) 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.
(C) The jury, in its verdict, shall assess compensation to
the owner of a business conducted on the property taken for loss
of
goodwill if the owner proves both of the following:
(1) The loss is caused by the taking of the property;
(2) The loss cannot reasonably be prevented by relocation of
the business or by taking steps and adopting procedures that a
reasonably prudent person would take and adopt in preserving the
goodwill.
Compensation for loss of goodwill shall not be included in
payments made under section 163.53 of the Revised Code, shall
not
be duplicated in any compensation otherwise awarded to the
owner,
shall not exceed ten thousand dollars, and shall not be awarded in
appropriations of less than the entirety of the business property.
(D) The verdict shall be signed by at least three-fourths of
the
members of the jury.
(E) 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)(1) Whenever the appropriation of real
property requires
the owner, a commercial tenant, or a residential tenant identified
by the owner in a notice filed with the court
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:
(a) Actual reasonable expenses in moving the person and the
person's
family, business, farm operation, or other personal
property;
(b) 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;
(c) Actual reasonable expenses in searching for a
replacement
business or farm, but not to exceed two thousand five hundred
dollars;
(d) 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.
(2) If the agency does not approve a payment for which the
owner applied under division (B)(1) of this section, the trier of
fact, upon presentation of proof, shall determine whether to award
a payment for the expenses described in division (B)(1) of this
section and the amount of any award. The owner shall have the
burden of proof with respect to those expenses.
(3)(a) In addition to any payments an owner of a business may
receive under division (B)(1) of this section, an owner of a
business who is required by an appropriation of real property to
relocate the business may recover damages for the owner's actual
economic loss resulting from the appropriation, as proven by the
owner by a preponderance of the evidence. Compensation for actual
economic loss under this division shall not include any attorney's
fees and shall not duplicate any amount awarded as compensation
under this chapter.
(b) The amount of compensation awarded under division
(B)(3)(a) of this section shall not exceed twelve months net
profit of the business on an annualized basis. Except as otherwise
provided in division (B)(3)(c) of this section, if 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 that 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
exigency, the period for which the net profit of the business is
calculated shall be twelve months minus the time period from the
date the agency gives the notice required by section 163.04 of the
Revised Code to the date the agency deposits the value of the
property with the court pursuant to section 163.06 of the Revised
Code or pays that amount to the owner, but in no event shall the
compensation time period be less than fifteen days. If the period
on which the loss is calculated is reduced to fifteen days and the
relocation is unusually complex, the owner may request the agency
to increase that period by up to fifteen additional days. If the
agency fails to pay the compensation as provided under division
(B)(3)(a) of this section or denies the request, the owner may
seek an award of such compensation pursuant to this section.
(c) In case of an act of God or other public exigency that
requires an immediate taking of property to protect public health
or safety or in case of a voluntary conveyance, the amount of
compensation awarded under division (B)(3)(a) of this section
shall not exceed fifteen days net profit of the business on an
annualized basis. The owner may request the agency to increase
that period by up to fifteen additional days. If the agency fails
to pay the compensation as provided under division (B)(3)(a) of
this section or denies the request, the owner may seek an award of
such compensation pursuant to this section.
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.
The owner may request, and the court may grant, a stay on
appeal, provided that the owner posts a supersedeas bond in an
amount the court determines.
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
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 and subject to division (C)(5) 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 good faith 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 good faith
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) The court shall not enter judgment for costs and
expenses, including attorney's fees and appraisal fees, if 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 that 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 exigency, except that the court shall enter
judgment in favor of the owner for costs and expenses, including
attorney's and appraisal fees, that the owner actually incurred
only if the
property being appropriated is land 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 and the final
award of compensation is more than one hundred
fifty per cent of
the agency's good faith offer or a revised
offer made by the
agency under division (C)(1) or (3) of this
section.
(3) The court shall not enter judgment for costs and
expenses, including attorney's fees and appraisal fees, that the
owner actually incurred if 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.
(4) An award of costs and expenses, including attorney's and
appraisal fees, that the owner actually incurred, under division
(C) of this section shall not exceed the lesser of twenty-five
per cent of the amount by which the final award of compensation
exceeds the agency's initial good faith offer or revised offer or
twenty-five per
cent of the amount by which the final award of
compensation
exceeds the agency's last written offer made not
less than
forty-five days before the date initially designated
for trial by
the court.
(5)(a) An award of costs and expenses, including attorney's
and
appraisal fees, that the owner actually incurred, made under
division (G) of section 163.09 of the Revised Code is not subject
to the conditions and limitations set forth in divisions (C)(1),
(2), (3), and (4) of this section.
(b) The court shall not enter judgment for costs and
expenses, including attorney's fees and appraisal fees, under
division (C) of this section unless not less than fifty days prior
to the date initially designated by the court for trial the owner
provided
the agency with an appraisal or summary appraisal of the
property
being appropriated or with the owner's sworn statement
setting
forth the value of the property and an explanation of how
the
owner arrived at that value.
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 made by an appraiser chosen by agreement of
the parties or, if the parties cannot agree, an appraiser chosen
by the court. 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:
(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 as
provided in division (G) of section 163.09 or division (A) or (C)
of section 163.21 of the Revised Code, as applicable.
(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. 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, 163.12, 163.14, 163.15, 163.19, 163.21,
163.53,
163.62, 303.26, 719.012, 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. In accordance with City of Norwood v. Horney
(2006), 110 Ohio St.3d 353, in which the Supreme Court held the
right of property to be a fundamental right protected by the
United States and Ohio Constitutions, the General Assembly finds
that the exercise of the power of eminent domain at any level of
government is a matter of statewide importance and hereby declares
its intention that this act be construed to apply generally
throughout the state.
Section 5. Sections 1 and 2 of this act do not apply to
appropriation proceedings pending on the effective date of this
act. This section is not intended to indicate that such
appropriation proceedings do not have to comply with the
constitutional requirements set forth in City of Norwood v. Horney
(2006), 110 Ohio St.3d 353.
Section 6. 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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