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Sub. S. B. No. 7 As Pending in the Senate State and Local Government and Veterans Affairs CommitteeAs Pending in the Senate State and Local Government and Veterans Affairs Committee
127th General Assembly | Regular Session | 2007-2008 |
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A BILL
To amend sections 163.01, 163.02, 163.03, 163.04, 163.05, 163.06, 163.08, 163.09, 163.12, 163.14, 163.15, 163.16, 163.17, 163.19, 163.20, 163.21, 163.22, 163.52, 163.53, 163.54, 163.55, 163.56, 163.57, 163.58, 163.59, 163.60, 163.61, 163.62, 303.26, 719.012, 725.01, 725.02, 725.05, 725.11, 1728.01, 3735.40, and 3735.59, and to enact sections 1.08, 163.021, 163.211, and 163.63, and to repeal section 163.51 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, 163.03, 163.04, 163.05, 163.06, 163.08, 163.09, 163.12, 163.14, 163.15, 163.16, 163.17, 163.19, 163.20, 163.21, 163.22, 163.52, 163.53, 163.54, 163.55, 163.56, 163.57, 163.58, 163.59, 163.60, 163.61, 163.62, 303.26, 719.012, 725.01, 725.02, 725.05, 725.11, 1728.01, 3735.40, and 3735.59 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 property" means a property that meets three or more of the following conditions:
(1) The property or a structure on the property constitutes a public nuisance because of its physical condition, use, or occupancy.
(2) The property contains a structure that is dilapidated, unsanitary, unsafe, or vermin infested, and because of its condition an agency that is responsible for the enforcement of housing, building, or fire codes has designated it unfit for human habitation or use.
(3) The property contains a structure that in its current condition is a fire hazard or otherwise is dangerous to the safety of persons or property.
(4) The property contains a structure from which the utilities, plumbing, heating, sewerage, or other necessary facilities have been disconnected, destroyed, removed, or rendered ineffective so that the property is unfit for its intended use.
(5) The property is a vacant or unimproved lot or parcel in a predominantly built-up-neighborhood that, by reason of neglect or lack of maintenance, has become a place for accumulation of trash and debris, or a haven for vermin.
(6) The property has tax delinquencies that exceed the value of the property.
(7) The property or a structure on the property has significant code violations that substantially affect health or safety, and at least one year has passed since an appropriate code enforcement agency provided notice to the owner of the need to rehabilitate the property or structure, and the property or structure has not been substantially rehabilitated.
(8) 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.
(9) The property is an abandoned property, meaning that the owner or estate in possession of the property has declared it to be abandoned, or the property is occupied by a person who does not have a legal or equitable right to occupy the property and the entity taking the property is unable to identify and communicate with the owner despite making reasonable efforts.
(B) "Blighted area" and "slum" mean a contiguous area in which over ninety per cent of all properties are blighted properties.
(C) When determining whether a property is a blighted property or whether an area is a blighted area or slum for the purposes of this section, no person shall consider 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 property because of any condition that is a blighting condition under division (A) of this section if its 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 this chapter:
(A) "Public agency" means any governmental corporation,
unit, organization, 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," authorized by law to
appropriate property in the courts of this state. "Agency" includes
(B)(C) "Agency" means
any public agency or private agency.
(D) "Business" means any lawful activity, excepting a farm
operation, conducted primarily for one or more of the following:
(1) The purchase, sale, lease, and rental of personal and
real property, and for the manufacture, processing, or marketing
of products, commodities, or any other personal property;
(2) The sale of services to the public;
(3) By a nonprofit organization;
(4) Solely for the purposes of section 163.53 of the
Revised Code, for assisting in the purchase, sale, resale,
manufacture, processing, or marketing of products, commodities,
personal property, or services by the erection and maintenance of
an outdoor advertising display or displays, whether or not such
display or displays are located on the premises on which any of
the above activities are conducted.
(E) "Comparable replacement dwelling" means any dwelling
that is decent, safe, and sanitary; adequate in size to
accommodate the occupants; within the financial means of the
displaced person; functionally equivalent to the displaced
person's dwelling; in an area not subject to unreasonable adverse
environmental conditions; and in a location generally not less
desirable than the location of the displaced person's dwelling
with respect to public utilities, facilities, services, and the
displaced person's place of employment.
(F) "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)(G) "Displaced person" means any person who moves from
real property or moves personal property from
real property on which the person is a residential tenant or conducts a business or farm operation,
when that move is a direct result of a written notice of intent to acquire or
the acquisition of that real property, in whole or in part, under
a program or project a state agency undertakes or as a direct result of rehabilitation, demolition, or
other displacing activity on real property by a state agency, and the head of the
displacing agency determines that the displacement is permanent.
"Displaced person" does not include a person who has
been determined, according to criteria the head of
the displacing agency establishes, to be either in unlawful occupancy of the
displacement dwelling or to have occupied that dwelling for the
purpose of obtaining assistance under this chapter, or a person
who became an occupant of the dwelling after its acquisition and
whose occupancy is on a rental basis for a short term or a period
subject to termination when the property is needed for the
program or project.
(H) "Displacing agency" means any agency carrying out a program or project that causes a person to be a displaced person.
(I) "Farm operation" means any activity conducted solely
or primarily for the production of one or more agricultural
products or commodities, including timber, for sale or home use,
and customarily producing such products or commodities in
sufficient quantity to be capable of contributing materially to
the operator's support.
(J) "Mortgage" means the classes of liens commonly
given to secure advances on, or the unpaid purchase price of,
real property, under the laws of Ohio, together with the credit
instruments, if any, secured thereby.
(K) "Owner" includes means any individual, partnership,
association, or corporation having any estate, title, or interest
in any real property sought to be appropriated.
(D)(L) "Person" includes any individual, partnership,
corporation, or association.
(M) "Real property," "land," or "property" includes means 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.
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 this chapter, 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 514.19 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 this chapter 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 this chapter, 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 chapter 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 if the agency decides not to use the property for the stated purpose.
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. "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 taking agency shows by a preponderance of the evidence that the area is a blighted area and the taking is pursuant to a redevelopment plan with the purpose of eliminating blight that has been adopted by the legislative authority where the property is located.
(B) No port authority, including any port authority created in accordance with section 4582.06 or 4582.22 of the Revised Code, may appropriate real property unless that appropriation is approved by the legislative authority of the municipal corporation, county, or township, or combination thereof, that established the port authority.
(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 unless that property is located within the entity's jurisdiction and the appropriation has the approval of the legislative authority of the municipal corporation, county, or township with jurisdiction where the property is located.
Sec. 163.03. Any agency may, upon the notice prescribed in
this section, prior to or subsequent to the filing of a petition
pursuant to section 163.05 of the Revised Code, enter upon any
lands, waters, and premises for the purpose of making such
surveys, soundings, drillings, appraisals, and examinations as
are necessary or proper for the purpose of the agency under
sections 163.01 to 163.22, inclusive, of the Revised Code, this chapter and
such that entry shall does not constitute a trespass. Notice of such
a proposed entry shall be given to the owner or the person in
possession by such means as are reasonably available not less
than forty-eight hours nor more than thirty days prior to the
date of such the proposed entry.
The agency shall make restitution or reimbursement for any
actual damage resulting to such lands, waters, and premises and
to improvements or personal property located in, on, along, over,
or under such those lands, waters, and premises, as a result of such
activities this section authorizes. If the parties are unable to agree upon restitution
or other settlement, damages are recoverable by civil action to
which the state or agency hereby consents.
Sec. 163.04. (A)(1) Any agency that appropriates real property shall adopt procedures under which the public may provide input on a proposed appropriation. Any procedure shall include notice and a reasonable public comment period. For at least two consecutive weeks prior to any appropriation, the agency shall provide notice of the proposed appropriation each week in a newspaper of general circulation in the county in which the appropriation is proposed. During that two week period, the agency shall permit any person to submit a written statement addressing the proposed appropriation.
(2) Any agency whose board of directors or governing body is not elected by the public shall also hold at least one public hearing following the two weeks' published notice that this section requires.
(3) This division does not apply to any appropriation to eliminate a health nuisance or pursuant to a public exigency as described in division (A) of section 163.02 of the Revised Code.
(B) No agency shall make an appropriation unless the agency obtains an appraisal of the property and provides a copy of the appraisal or summary appraisal if the agency performed only a summary appraisal, to any owner or the guardian or trustee of any owner. The agency need not provide an owner with a copy of the appraisal when the owner is unknown, is not a resident of this state, or the residence cannot be ascertained with reasonable diligence. The agency shall provide a copy of any appraisal, or the summary as appropriate, to an owner, guardian, or trustee at or before the time the public agency makes its first offer to purchase the property.
(C) Appropriations shall be made 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 any of any owner unless no owner is incapable capable of
contracting in person
or by agent and has no guardian or trustee, or the owner is unknown, or is not a
resident of this state, or his the residence is unknown to the agency and cannot
with reasonable diligence be ascertained.
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 property 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 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.
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 qualifies that is appropriating property in time of war or other public exigency that requires its immediate seizure or for the purpose of making or repairing roads open to the public without charge 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 does not
extend to structures.
(B)(1) A public agency appropriating property for the purpose
of making or repairing roads which shall that will 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 the 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 the structures cannot be divided upon the line between such
the lands without manifest injury thereto. The
(2) The jury, in assessing
compensation to any owner of land appropriated under this
division shall assess the value thereof of the property in accordance with
section 163.14 of the Revised Code. The owner or occupant of
such structures the structure shall vacate the same structure 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 any structures. In
(3) In the event such
the structures are to be removed before the jury has fixed the their value
of the same, the court, upon motion of the agency, shall do all of the following:
(1)(a) 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 the case but shall not be binding on
said the owner, agency, or the jury, and the expense of said
the appraisals shall be approved by the court and charged as costs in
said case.
(2)(b) Cause pictures to be taken of all sides of said
the structures;
(3)(c) Compile a complete description of said the 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 that 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 an application being made, the court shall direct
that the sum be paid to such the owner subject to the rights of other
parties in interest provided such those 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. 163.08. (A) Any owner may file an answer to such
the petition described in section 163.05 of the Revised Code. Such Any answer shall be verified as in a civil action and
shall contain a general denial or specific denial of each
material allegation not admitted. The agency's right to make the
appropriation, whether the appropriation is for a public use, the inability of the parties to agree, and the
necessity for the appropriation shall be resolved by the court in
favor of the agency unless such matters are specifically denied
in the answer and the facts relied upon in support of such denial
are set forth therein, provided, when only if, after the owner has established in the answer a prima facie case that the appropriation is not necessary or is not for a public use, the agency shows by a preponderance of the evidence that the appropriation is necessary and for a public use, and if the appropriation is a blighted area being taken pursuant to a redevelopment plan that the plan has the approval of the legislative authority where the property is located and the area is blighted.
(B)(1) When property is taken in time of war or
other public exigency, imperatively requiring its immediate
seizure or for the purpose of making or repairing roads, which
shall be open to the public, without charge, an answer may not
deny the right to make the appropriation, the inability of the
parties to agree, or the necessity for the appropriation. A
(2) A
petition for appropriation, filed by the director of
transportation, which contains a declaration and journalization
of his the director's intent to construct a state highway or
interstate highway,
shall constitute a presumption that such the appropriation is for the
purpose of making or repairing roads which shall be open to the
public without charge. At a hearing on an issue whether a taking
sought by the director of transportation is for the purpose of
making or repairing roads open to the public without charge, a
set of construction plans made by or for the director and showing
the proposed use of the property in connection with the
construction or repair of such a road is presumptive evidence of
such purpose, notwithstanding that no money has been appropriated
for such construction or repair.
(C) An answer shall be served in accordance with Civil Rule 12.
If the agency involved in the action is a private agency, no more
than one extension of the time authorized by Civil Rule 12 for
serving an answer shall be granted pursuant to Civil Rule 6, and
that extension shall not exceed thirty days.
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, whether the appropriation is for a public use, whether a property claimed to be blighted is blighted, 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,
when the owner has established a prima facie case as to any matter denied, the burden of proof with respect to that matter is upon the owner agency by a preponderance of the evidence. 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 of that necessity in the absence of proof
showing an abuse of discretion by the agency in determining that
necessity. If, Only the judge may determine the necessity of the taking.
(2) 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
(3) 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 is not 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 is a final order for purposes of appeal. If
(4) If a public
agency has taken possession prior to such an order and such an order,
after any appeal, that order 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. If the order of the court is against the agency on a final ruling of the necessity of the appropriation, the court shall award the owner reasonable attorney's fees and costs as described in division (B) of section 163.21 of the Revised Code.
(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 that 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 owner shall be awarded reasonable attorney's fees 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 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 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 this chapter. 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)(1) 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.
(2) 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 those lands without manifest injury thereto, the
jury, in assessing compensation to any owner of the land, shall
assess the value thereof, of such a building as part of the compensation. The title
to said the structure shall vest in the agency which shall have the
right to enter upon the any adjoining land upon which any part of the
structure is located for the purpose of removing said the structure
therefrom, after deposit in accordance with the verdict. Such
The 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.
(B) If the amount of compensation the jury awards to an owner is greater than one hundred twenty-five per cent of the amount the agency initially offered the owner as compensation for the property, the court shall award reasonable attorney's fees and costs, to include appraisal costs.
(C) The verdict shall be signed by at least three-fourths of
the members of the jury.
(D) 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 owner or party entitled thereto or
deposits with the court the amount of the award and the costs assessed against
the agency, it the agency may take possession;, provided, that this right of possession 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 owner has accepted the award or all appeals have been exhausted, 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
(B) 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 the final journal entry
who and the auditor shall transfer the property on his the books and
transmit said the entry with
proper endorsement to the county recorder for recording. The costs of filing
such the 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.
Sec. 163.16. (A) The court costs, including jury fees, of any proceeding shall be
paid as the court directs, except as otherwise provided in this section or as may be provided for in cases subject to
division (A)(2) or (B)(1) of section 163.21 of the Revised Code. The
(B) The agency
may offer to confess judgment for the amount to be stated and the court costs
then made in favor of any owner who in any manner enters an appearance or upon
whom service has been made. If such the owner refuses to accept such offer and as
a result of the trial does not receive more, he the owner shall
pay all court costs
accruing after the offer. If the amount of the award is greater than one hundred twenty-five per cent of the initial amount the agency offered the owner for the property, the agency shall pay all court costs, including jury fees, and the court shall award to the owner the amounts the court considers just for all costs and expenses the owner incurred because of the proceedings, including reasonable attorney's fees, appraisal costs, engineering fees, witness fees, and expert witness fees.
Sec. 163.17. (A) Where the agency has the right to take
possession of the property before the verdict upon payment into
court of a deposit pursuant to section 163.06 of the Revised Code, and a portion of said
that deposit may be
withdrawn
immediately by the owner, the amount of the verdict
which that exceeds
the portion of the deposit withdrawable shall
be
is subject to
interest from the date of taking to the date of
actual
payment of
the award.
(B) Where the agency has no right to take possession of the
property before the verdict, if the award is not paid to the
owner
or deposited in court within twenty-one days after
journalization
of the verdict, interest thereafter shall accrue,
except that
where the owner appeals, interest shall
not accrue
until the
agency takes possession.
(C) If the owner appeals and is granted a larger award,
interest
shall be paid on the additional amount awarded from the
date of
taking possession to the date of actual payment or date
of deposit
with immediate right of withdrawal.
(D) If the agency wishes to appeal, it may require the deposit
to
remain with the court pending final disposition of the case,
provided it pays interest on the final award from date of
taking
possession to the date the money is actually paid or made
available to the owner;, provided, the owner may withdraw the
entire award upon posting an appropriate refund bond set by the
court;, and provided, that where a building or other
structure
is
taken, the court may, on application of the owner, permit
the
owner to withdraw a reasonable portion of the award allocable
to
the building without giving bond.
(E) If the amount of any deposit actually withdrawn by the
owner
exceeds the final award from which no appeal is or can be
taken,
then the owner at the time of entry of judgment on
such
that award
shall
refund at once to the court for the
account of the
agency
the
amount of such excess plus
interest on such
that excess from the
date
of withdrawal of
such the excess until the
date of such the refund,
and
upon the failure of the owner to
make such
a refund, the agency
shall be entitled to a money
judgment against the owner.
(F) Except for cases involving the department of
transportation,
interest as provided for in this section shall be
at the rate of
interest for judgments as set forth in section
1343.03 of the
Revised Code. In a case involving the
appropriation of property
by the department of transportation,
and the department is the
sole public agency seeking to
appropriate
property in the case,
interest as provided for in
this section
shall be at the per annum
rate of either the
interest rate as
defined and established in
division (B) of
section 5703.47 of the
Revised Code, or ten per
cent, whichever
is less.
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. 163.20. An agency may appropriate in accordance with sections 163.01 to
163.22, inclusive, of the Revised Code, this chapter any property in which an interest has
been appropriated, in order to perfect title in itself.
Sec. 163.21. (A)(1) If it An agency that 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 this chapter 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, appraisal fees, and engineering fees;
(c) Other actual and reasonable costs, expenses, and disbursements.
(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 this chapter 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.
Sec. 163.211. (A) If an agency abandons a project or 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 if the agency has not conveyed or transferred title to the property to another person or agency.
(B) The right of repurchase is extinguished if either of the following occur:
(1) The prior owner declines to repurchase the property;
(2) The prior owner fails to repurchase the property within sixty days after the public agency offers the property for repurchase.
Sec. 163.22. All proceedings brought under sections 163.01
to 163.22 of the Revised Code this chapter shall be governed by
the law
applicable in
civil actions
and the Rules of Civil Procedure,
including, but not limited to,
the rules governing discovery,
except as otherwise provided in
those sections.
The proceedings
shall be advanced as a
matter of immediate
public interest and
concern and shall be heard
by the court at the earliest
practicable moment.
Sec. 163.52. (A)
The failure of an acquiring agency
to
satisfy a requirement of section 163.59 of the Revised Code
does
not affect the
validity of any property
acquisition by purchase
or
condemnation appropriation.
(B) Nothing in sections 163.51 163.52 to 163.62 of
the
Revised Code
shall be construed as creating, in any
condemnation appropriation
proceeding
brought under the power of eminent
domain, any element
of value or
damage not in existence
immediately prior to
June 11, 1971.
Sec. 163.53. (A) Whenever the acquisition of real
property for a program or project undertaken by a displacing an
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 the agency head, for all of
the following:
(1) Actual reasonable expenses in moving himself the person,
his 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 the property, as determined
by the head of the displacing agency;
(3) Actual reasonable expenses in searching for a
replacement business or farm, not to exceed twenty-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 may elect, in
lieu of the payments authorized by division (A) of this section
may, to 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 based on the average annual net income of the business or farm operation for the two years prior to the displacement, 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 the 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 an
agency that is carrying out the program or project with federal assistance or is carrying out a state highway project 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 that is being relocated under such the 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 the facility is located with respect to the use of such the
property, easement, or right-of-way;, and if the relocation of
such the facility results in such the owner incurring an extraordinary
cost in connection with such the relocation; then, the displacing
agency may, in accordance with such rules as the head of the lead
agency may adopt adopts, provide to such the owner a relocation payment
which that may not exceed the amount of such any 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 the facility that is determined by
the head of the displacing agency, under such rules as the head
of the lead agency shall adopt adopts, 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 by rule.
(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. 163.54. (A) In addition to payments this chapter otherwise
authorized by sections 163.51 to 163.62 of the Revised Code authorizes, the
head of the displacing agency displacing the owner shall make an additional payment
not to exceed twenty-two thousand five hundred dollars to any
displaced person who is displaced from a dwelling actually owned
and occupied by him the person for not less than one
hundred eighty days
prior to the initiation of negotiations for the acquisition of
the property. Such additional payment shall include the
following elements:
(1) The amount, if any, which when added to the
acquisition cost of the dwelling acquired by the displacing
agency, equals the reasonable cost of a comparable replacement
dwelling.
(2) The amount, if any, which will compensate the
displaced person for any increased interest costs and other debt
service costs which the person is required to pay for financing
the acquisition of a comparable replacement dwelling. This
amount shall be paid only if the dwelling acquired by the
displacing agency was encumbered by a bona fide mortgage which that
was a valid lien on the dwelling for not less than one hundred
eighty days prior to the initiation of negotiations for the
acquisition of the dwelling.
(3) Reasonable expenses the person incurred by the displaced person
for evidence of title, recording fees, and other closing costs
incident to the purchase of the replacement dwelling, but not
including prepaid expenses.
(B) The additional payment authorized by this section
shall this section authorizes may be made only to a displaced person who purchases and
occupies a replacement dwelling which that is decent, safe, and
sanitary not later than the end of the one-year period beginning
on the date on which he the person receives from the
displacing agency final
payment of all costs of the acquired dwelling, or on the date on
which the displacing agency's obligation under division (B)(3) of
section 163.56 of the Revised Code is met, whichever is later,
except that the displacing agency may extend the period for good
cause. If the period is extended, the payment under this section
shall be based on the costs of relocating the person to a
comparable replacement dwelling within one year after the
displaced person receives from the displacing agency final
payment of all costs of the acquired dwelling.
Sec. 163.55. (A) In addition to amounts this chapter otherwise
authorized by sections 163.51 to 163.62 of the Revised Code authorizes, the
head of a displacing agency shall make a rent supplement payment to or for any
displaced person displaced from any dwelling not eligible to
receive a payment under section 163.54 of the Revised Code which if the
dwelling was actually and lawfully occupied by such the displaced
person for not less than ninety days prior to the initiation of
negotiations for acquisition of such the dwelling, or in any case in
which displacement is not a direct result of acquisition, not
less than ninety days prior to such other event as the head of
the lead agency shall prescribe prescribes. The payment shall consist of
the amount necessary to enable the displaced person to lease or
rent for a period not to exceed forty-two months, a comparable
replacement dwelling, but not to exceed five thousand two hundred
fifty dollars. At the discretion of the head of the displacing
agency, a payment under this division may be made in periodic
installments. Computation of a payment under this division to a
low-income displaced person shall take into account the person's
income.
(B) Any person eligible for a payment under division (A)
of this section may elect to apply the payment to a down payment
on, and other incidental expenses pursuant to, the purchase of a
decent, safe, and sanitary replacement dwelling. The person may,
under criteria established by the head of the displacing agency,
be is eligible under this division for the maximum payment allowed greater of five thousand two hundred fifty dollars or the amount the person would have received
under division (A) of this section, except that, in the case of a
displaced home owner who has owned and occupied the displacement
dwelling for at least ninety days but not more than one hundred
eighty days immediately prior to the initiation of negotiations
for the acquisition of such the dwelling, the payment shall not
exceed the payment the person would otherwise have received under
section 163.54 of the Revised Code had the person owned and
occupied the displacement dwelling one hundred eighty days
immediately prior to the initiation of the negotiations.
Sec. 163.56. (A)(1) Projects or programs that cause
persons to be displaced persons shall be planned in a manner that
recognizes, at an early stage in the planning of such those programs or
projects and before the commencement of any actions action that will
cause displacements, the problems associated with the
displacement of individuals, families, businesses, and farm
operations, and in a manner that provides for the resolution of
such those problems in order to minimize adverse impacts on displaced
persons and to expedite program or project advancement and
completion.
(2) Whenever a program or project undertaken by a
displacing an agency undertakes will result in the displacement of any person,
the head of the displacing that agency shall provide a relocation
assistance advisory program for displaced persons which shall
offer the services described in division (B) of this section. If
the head of the displacing agency determines that any person
occupying property immediately adjacent to the real property
acquired is caused substantial economic injury because of the
acquisition, he the head of the agency may offer that
person relocation advisory
services under the program.
(B) Each relocation assistance advisory program required
by division (A) of this section shall include such any measures,
facilities, or services as may be necessary or appropriate in
order to do all of the following:
(1) Determine the need, if any, of displaced persons for
relocation assistance;
(2) Provide current and continuing information on the
availability, prices, and rentals, of comparable decent, safe,
and sanitary sales and rental housing, and of suitable commercial
properties and locations for displaced businesses and farm
operations;
(3) Assure that, within a reasonable period of time, prior
to any displacement there will be available comparable replacement
dwellings, as defined by the head of the displacing agency defines, equal
in number to the number of and available to the displaced persons
who require such dwellings, except that the head of the
displacing agency may prescribe by regulation rule situations when
such assurances may be waived;
(4) Assist a displaced person displaced from his the displaced
person's business
or farm operation in obtaining and becoming established in a
suitable replacement location;
(5) Supply information concerning federal and state
housing programs, disaster loan programs, and other federal or
state programs offering assistance to displaced persons;
(6) Provide other advisory services to displaced persons
in order to minimize hardships to them in adjusting to
relocation.
Sec. 163.57. (A) If a project cannot proceed to actual
construction because comparable replacement sale or rental
housing is not available, and the head of the displacing agency
determines that such comparable housing cannot otherwise be made available,
he the head may take such any action as is
necessary or appropriate to provide
such that housing by use of funds authorized for such the project. The
head of the displacing agency may use this section to exceed the
maximum amounts which that may be paid under sections 163.54 and
163.55 of the Revised Code on a case-by-case basis for good cause
as determined in accordance with rules adopted the head adopts under Chapter 119.
of the Revised Code by the head of the lead agency.
(B) No person shall be required to move from his a
dwelling
on account of any project, unless the displacing agency head is
satisfied that replacement housing, in accordance with section
163.56 of the Revised Code, is available to such the person.
(C) The acquisition of replacement housing sites and the
acquisition, rehabilitation, relocation, and construction of
replacement housing shall be considered to be for a public
purpose, and displacing agencies may properly expend their
respective funds to carry out the purposes of sections 163.51 163.52 to
163.62 of the Revised Code.
(D) In order to prevent unnecessary expenses and
duplications of functions, and to promote uniform and effective
administration of relocation assistance programs for displaced
persons under sections 163.51 163.52 to 163.62 of the Revised Code, a
displacing agency may enter into contracts with any individual,
firm, association, or corporation for services in connection with
such programs, or may carry out its functions under sections
163.51 163.52 to 163.62 of the Revised Code through any federal or state
governmental agency or instrumentality having an established
organization for conducting relocation assistance programs. The
displacing agency shall, in carrying out the relocation
assistance activities described in this section, whenever
practicable, utilize the services of state or local housing
agencies, or other agencies having experience in the
administration or conduct of similar housing assistance
activities.
Sec. 163.58. (A) Except as otherwise provided in rules
adopted under division (B) of this section, the head of each
displacing any agency is authorized to displacing persons pursuant to this chapter may establish such regulations and
procedures as he may determine
to be the head of the agency determines necessary to assure:
(1) That the payments and assistance authorized by
sections 163.51 163.52 to 163.62 of the Revised Code shall be
are administered in a manner which that is fair and reasonable, and as
uniform as practicable;
(2) That a displaced person who makes proper application
for a payment authorized for such person by sections 163.51 163.52 to
163.62 of the Revised Code shall be paid promptly after a move
or, in hardship cases, be paid in advance;
(3) That any person aggrieved by a determination as to
eligibility for a an authorized payment authorized by such sections, or the
amount of a payment, may have his the application
reviewed by the
head of the displacing agency having authority over the
applicable program or project.
(B) Notwithstanding any provision of the Revised Code to
the contrary, the lead agency shall adopt such rules as may be
necessary to implement sections 163.51 163.52 to 163.62 of the Revised
Code in a manner which that is as fair, reasonable, and uniform as
practicable. As used in this section, "lead agency" means the
state agency that the governor shall designate to carry out the
duties prescribed by this division.
Sec. 163.59. In order to encourage and expedite the
acquisition of real property by agreements with owners, to avoid
litigation and relieve congestion in the courts, to assure
consistent treatment for owners in the many state and federally
assisted programs, and to promote public confidence in public
land
acquisition practices, heads of acquiring agencies acquiring real property pursuant to this chapter shall
do or
ensure the
acquisition satisfies all of the following:
(A) The head of an acquiring the agency shall make makes every
reasonable effort to acquire expeditiously real property by
negotiation.
(B)
In order for an acquiring agency to acquire real
property, the acquisition shall be for a defined public
purpose
that is to be achieved in a defined and reasonable period
of time.
An
acquisition of real property that complies with section 5501.31
of
the Revised Code satisfies the defined public purpose
requirement
of this division.
(C) Real property
to be acquired shall be appraised before
the initiation
of negotiations, and the owner or
the owner's
designated
representative
shall be given
a reasonable
opportunity
to
accompany the
appraiser during
the appraiser's
inspection of
the property,
except that the
head of the lead
agency may
prescribe a procedure
to waive the appraisal in cases
involving
the acquisition by sale
or donation of property with a
low fair
market value.
If the
appraisal values the property to be
acquired
at more than
ten thousand dollars,
the head of the
acquiring
agency concerned
shall make every reasonable effort to
provide a
copy of
the
appraisal to the owner pursuant to section 163.04 of the Revised Code. As used in this
section,
"appraisal"
means a written statement independently and
impartially prepared
by a qualified appraiser, or a written
statement prepared by an employee of the acquiring agency who is a
qualified appraiser, setting forth an opinion of defined
value
of
an adequately described property as of a specified date,
supported
by the presentation and analysis of relevant market
information.
(D) Before the initiation of negotiations for real
property,
the head of the acquiring agency concerned shall
establish an
amount
that the head of the acquiring agency
believes to be
just
compensation
for the property and
shall make a prompt offer to
acquire the property
for
no less than
the full amount so
established. In no
event shall
that
amount be less than the
agency's approved
appraisal of the fair
market value of
the
property. Any decrease
or increase in
the
fair market value of
real property prior to the
date of
valuation
caused by the public
improvement for which
the
property is
acquired, or by the
likelihood that the property would
be
acquired for
that
improvement, other than that due to
physical
deterioration within
the reasonable control of the owner,
will be
disregarded in
determining the compensation for the
property.
The head of the acquiring agency concerned shall provide the
owner of
real property to be acquired with a written statement
of,
and
summary of the basis for, the amount
that the head of the
acquiring
agency established as
just compensation. Where
appropriate, the
just compensation for
real property acquired
and
for damages
to remaining real
property shall be separately
stated.
The owner
shall be given a reasonable opportunity to
consider
the agency's offer of the acquiring agency for the real property,
to
present material that the owner believes is relevant to
determining the fair market value of the property, and to suggest
modification
in the proposed terms and conditions of the
acquisition. The
acquiring agency shall consider the owner's
presentation and suggestions.
(E) If information presented by the owner or a material
change in the character or condition of the real property
indicates the
need for new appraisal information, or if a
period
of more than two years has
elapsed since the time of the appraisal
of
the property, the head
of the acquiring agency concerned shall
have the appraisal updated
or obtain a new appraisal. If updated
appraisal information
or a new appraisal indicates that a change
in the acquisition offer is warranted, the
head of the acquiring
agency shall promptly reestablish the amount of the just
compensation for the property and offer that amount to the owner
in writing.
(F) No owner shall be required to surrender possession of
real property before the acquiring agency concerned pays the
agreed purchase price, or deposits with the court for the benefit
of the owner an amount not less than the agency's approved
appraisal of the fair market value of
the property, or the
amount
of the award of compensation in the condemnation
proceeding
for
the property.
(G) The construction or development of a public
improvement
shall be so scheduled so that no person lawfully
occupying real
property shall be required to move from a
dwelling,
or to move
the person's business or farm
operation, without at
least ninety
days' written notice from the head of the acquiring
agency
concerned of the date by which
the move is required.
(H) If the head of an acquiring agency permits an owner
or
tenant to occupy the real property acquired on a rental basis
for
a short term or for a period subject to termination on short
notice, the amount of rent required shall not exceed the fair
rental value of the property to a short-term occupier.
(I) In no event shall the head of an acquiring agency
either
advance the time of condemnation, or defer negotiations or
condemnation and the deposit of funds in court for the use of the
owner, or take any other action coercive in nature, in order to
compel an agreement on the price to be paid for the
real property.
(J) When any interest in real property is
acquired by
an appropriation pursuant to this chapter or otherwise by exercise of the power of eminent domain, the head of
the
acquiring
agency concerned shall institute
the formal
condemnation
appropriation proceedings pursuant to this chapter.
No
head of an acquiring agency
shall intentionally
make
it
necessary for
an owner to institute
legal proceedings to
prove
the
fact of the
taking of
the
owner's real property.
(K) If the acquisition of only part of a property would
leave its owner with an uneconomic remnant, the head of the
acquiring agency concerned shall offer to acquire that remnant.
For the purposes of this division, an uneconomic remnant is a
parcel of real property in which the owner is left with an
interest after the partial acquisition of the owner's property
and
which the head of the agency concerned has determined has
little
or no value or utility to the owner.
An acquisition of real property may continue while an
acquiring agency carries out the requirements of divisions (A) to
(K) of this section.
This section applies only when the acquisition of real
property may result in an exercise of the power of eminent
domain.
Sec. 163.60. (A) If the head of a state an agency acquires any interest in real
property pursuant to this chapter or otherwise, he the head shall acquire at least an equal
interest in all buildings,
structures, or other improvements located upon the real property so acquired
and which he that the head requires to be removed from
such real the property or which he that the head
determines will be adversely affected by the use to which such real the property
will be put.
(B) For the purpose of determining the just compensation to be paid for any
building, structure, or other improvement required to be acquired by division
(A) of this section, such the building, structure, or other improvement shall be
deemed to be a part of the real property to be acquired notwithstanding the
right or obligation of a tenant, as against the owner of any other interest in
the real property, to remove such the building, structure, or improvement at the
expiration of his the tenant's term, and the fair market value
which such that the building,
structure, or improvement contributes to the fair
market value of the real property to be acquired, or the fair market value of
such the building, structure, or improvement for removal from the real property,
whichever is the greater, shall be paid to the tenant therefor.
(C) Payment under this section shall not result in duplication of any
payments otherwise authorized by law. No such payment under this section shall be made unless
the owner of the land involved disclaims all interest in the improvements of
the tenant. In consideration for any such payment, the tenant shall assign,
transfer, and release all his the tenant's right, title, and
interest in and to such
improvements.
Sec. 163.61. The head of a state an agency, as soon as practicable after the
date of payment of the purchase price or the date of deposit in court of funds
to satisfy the award of compensation in a condemnation an appropriation proceeding to acquire
real property, whichever is the earlier, shall reimburse the owner, to the
extent the head of such agency considers fair and reasonable, for expenses
he the owner
necessarily incurred for:
(A) Transfer taxes, and similar expenses incidental to conveying such real
property to the state agency;
(B) Penalty costs for prepayment of any pre-existing recorded mortgage
entered into in good faith encumbering such the real property;
(C) The pro rata portion of any real property taxes paid which are allocable
to a period subsequent to the date of vesting title in the state or state
agency, or the effective date of possession of such the real property by the
agency, whichever is the earlier.
Sec. 163.62. (A) The court having jurisdiction of a
proceeding instituted by a state an agency to acquire real property
by condemnation pursuant to sections 163.52 to 163.62 of the Revised Code shall award the owner of any right, or title to,
or interest in, such that real property such sum as will in the
opinion of the court reimburse such owner for his
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.
(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 pursuant to section 163.21 of the Revised Code.
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. Any section of the Revised Code that authorizes the appropriation of real property pursuant to sections 163.01 to 163.22 of the Revised Code is an authority to appropriate real property pursuant to this chapter and that appropriation 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.
(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 any 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 constitutes a "blighted area".
(F)(E) "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)(F) "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)(G) "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)(H) "Redevelopment" and derivatives thereof, when used
with respect to a county renewal area, mean development as well
as redevelopment.
(J)(I) "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)(J) "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)(K) "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)(L) "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 of the
Revised Code, a municipal corporation may appropriate, in the
manner provided in sections 163.01 to 163.22 Chapter 163. 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.
(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.
(C)(A)(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)(A)(1) of this section.
(D)(B) "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)(C) "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)(D) "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)(E) "Urban renewal refunding bonds" means the refunding
bonds authorized by section 725.07 of the Revised Code.
(H)(F) "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)(G) "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)(H) "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)(I) "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)(J) "Improvements" means the structures and facilities
constructed or rehabilitated pursuant to a development agreement.
(M)(K) "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. 725.02. (A) The portion of the assessed valuation of
improvements constructed pursuant to a development agreement, and
the portion of the increase in the assessed valuation after the
commencement of rehabilitation of improvements rehabilitated
pursuant to a development agreement declared to be a public
purpose in the development agreement shall be exempt from real
property taxation by all political subdivisions and taxing
districts. Except as otherwise provided in division (B) of this
section, the portion of the assessed valuation of improvements
declared to be a public purpose and exempted from taxation shall
not exceed seventy-five per cent of the assessed valuation of the
improvements for each year of the exemption period.
(B) With the approval under this division of the board of
education of the city, local, or exempted village school district
within the territory of which the improvements are or will be
located, the portion of the assessed valuation of improvements
exempted from taxation may exceed seventy-five per cent, but
shall not exceed one hundred per cent. The
legislative authority of the municipal corporation shall deliver
to the board of education a notice stating its intent to declare
improvements to be a public purpose under the agreement. The notice
shall be delivered not later than
forty-five
days prior to execution of the agreement by the legislative authority,
excluding Saturdays, Sundays, and
legal holidays as defined in section 1.14 of the
Revised Code. The notice shall describe
the parcel and the improvements, provide an estimate
of the true value in money of the improvements,
specify the period for which the improvements would be exempted from
taxation and the percentage of the assessed valuation of the improvements
that would be exempted, and indicate the date on which the
legislative authority intends to execute the agreement. The
board of education, by resolution adopted by a majority of the
board, may approve the exemption for the exemption percentage
specified in the notice, may disapprove the exemption for the
percentage of the improvements to be exempted in excess of
seventy-five per cent, or may approve the exemption on the
condition that the legislative authority and the board negotiate
an agreement providing for compensation to the school district
equal in value to a percentage of the taxes that would be payable
on the portion of the assessed valuation of the improvements in
excess of seventy-five per cent were that portion to be subject
to taxation. The board of education shall certify its resolution
to the legislative authority not later than fourteen days prior
to the date the legislative authority intends to execute the
agreement as indicated in the notice. If the board of education
approves the exemption on the condition that a compensation
agreement be negotiated, the board in its resolution shall
propose a compensation percentage. If the board of education and
the legislative authority negotiate a mutually acceptable
compensation agreement, the legislative authority may declare up
to one hundred per cent of the assessed valuation of the
improvements to be a public purpose and exempted from taxation.
If the board and the legislative authority fail to negotiate a
mutually acceptable compensation agreement, the legislative
authority may declare not more than seventy-five per cent of the
assessed valuation of the improvements to be a public purpose and
exempted from taxation. If the board fails to certify a
resolution to the legislative authority within the time
prescribed by this division, the legislative authority thereupon
may declare up to one hundred per cent of the assessed valuation
of the improvements to be a public purpose and exempted from
taxation. The legislative
authority may execute a development agreement at any time after
the board of education certifies its resolution approving the
exemption to the legislative authority, or, if the board
approves the exemption on the condition that a mutually
acceptable compensation agreement be negotiated, at any time
after the compensation agreement is agreed to by the board and
the legislative authority.
If a board of education has adopted a resolution waiving
its right to approve exemptions from taxation granted pursuant to development
agreements and the resolution remains in effect, approval of such exemptions
by
the board is not required under this division. If a board of
education has adopted a resolution allowing a legislative
authority to deliver the notice required under this division
fewer than forty-five business days prior to the legislative
authority's execution of the agreement, the legislative
authority shall deliver the notice to the board not later than
the number of days prior to such execution as prescribed by the
board in its resolution. If a board of education adopts a
resolution waiving its right to approve exemptions or shortening
the notification period, the board shall certify a copy of the
resolution to the legislative authority. If the board of
education rescinds such a resolution, it shall certify notice of
the rescission to the legislative authority.
If the legislative authority is not required by this
division to notify the board of education of the legislative
authority's intent to declare improvements to be a public
purpose, the legislative authority shall comply with the notice
requirements imposed under section 5709.83 of the Revised Code,
unless the board has adopted a resolution under that section waiving its
right to receive such a notice.
(C) The exemption shall commence on the date of the
execution of the development agreement therefor and extend for
the number of years designated in the development agreement and
thereafter for so long as there are outstanding any urban renewal
bonds payable from the urban renewal service payments provided
for in the development agreement. Any such exemption shall be
claimed and allowed in the same or a similar manner as in the
case of other real property exemptions and no such claim shall be
allowed unless the municipal corporation wherein said property is
located certifies that an exemption period has been specified and
that a development agreement has been entered into and is in
effect. If an exemption status changes during a tax year, the
procedure for the apportionment of the taxes for said year shall
be the same as in the case of other changes in tax exemption
status during the year.
(D) An agreement that satisfies the requirements of either
division (C)(A)(1)(a) or (C)(A)(1)(c) of section 725.01 of the Revised
Code may be amended to satisfy all of the remaining requirements of the other two
of division (C)(1)(a), (b), or (c) (A) of section 725.01 of the
Revised Code and to establish the period of exemption pursuant to
this section at any time prior to the completion of the
construction or rehabilitation of the improvements of which all
or a portion of the assessed valuation is to be exempt from real
property taxation pursuant to this section. The execution of the
amendment of such agreement shall be the execution of the
development agreement for the purpose of this section.
Sec. 725.05. A municipal corporation creating an urban
renewal debt retirement fund pursuant to section 725.03 of the
Revised Code, may:
(A) Issue unvoted urban renewal bonds, which pledge and
are payable solely from all or any portion of the revenues as
defined in division (D) of section 725.01 of the Revised Code.
The revenues pledged shall be placed in the urban renewal debt
retirement fund established for such urban renewal bonds and
applied to the payment of interest on, principal of and
redemption premium for 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.
(B) Issue unvoted urban renewal bonds, which pledge the
full faith and credit of the municipal corporation and that may
also pledge and be payable from all or any portion of the
revenues as defined in division (D) of section 725.01 of the
Revised Code.
For bonds issued pursuant to this division, the ordinance
provided for in section 725.06 of the Revised Code shall provide
for the levying of a tax on real and tangible personal property,
within the ten-mill limitation, sufficient in amount to pay the
interest on and to provide a sinking fund for all of the
principal of the urban renewal bonds authorized by that ordinance
for their final redemption at maturity; but the amount of the tax
to be levied in any year may be reduced by the amount available
for such purposes from revenues, and any available moneys in the
applicable urban renewal debt retirement fund. The ordinance
providing for the levy of a tax pursuant to this division shall
provide both of the following:
(1) That the first principal maturity of the urban renewal
bonds or the first mandatory sinking fund deposit therefor shall
not be later than seven years following the issuance of the
bonds;
(2) That no principal maturity, mandatory sinking fund
requirement, or combination thereof, shall be more than one and
one-half times the amount of the next preceding principal
maturity, mandatory sinking fund requirement, or combination
thereof.
A copy of such ordinance levying such tax shall be
certified by the fiscal officer of the municipal corporation to
the county auditor of the county in which the municipal
corporation is located. The revenues pledged and the moneys
derived from the levy of such tax shall be placed in the urban
renewal debt retirement fund established for such urban renewal
bonds and applied to the payment of interest on, principal of,
and redemption premium for 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.
(C) Issue unvoted urban renewal bonds pursuant to Article
VIII, Section 13, Ohio Constitution, to create and preserve jobs
and employment opportunities and to improve the economic welfare
of the people of the municipal corporation, which pledge and are
payable from revenues as defined in division (D) of section
725.01 of the Revised Code and from any moneys selected by the
municipal corporation that are not moneys raised by taxation.
For bonds issued pursuant to this division, the urban
renewal project and the ordinance provided for in section 725.06
of the Revised Code shall provide for the acquisition,
construction, enlargement, improvement, or equipment of property,
structures, equipment or facilities for industry, commerce,
distribution, or research and for the obligating and pledging of
moneys not raised by taxation as selected by the legislative
authority of the municipal corporation sufficient in amount to
pay all or any portion of the interest on and to provide a
sinking fund for all or any portion of the principal of the urban
renewal bonds authorized by the ordinance for their final
redemption at maturity. The revenues pledged and the moneys so
obligated and pledged shall be deposited in the urban renewal
debt retirement fund established for such urban renewal bonds and
applied to the payment of interest on, principal of, and
redemption premium for 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. The amount of the moneys so deposited in any year may be
reduced by the amount available for such purposes from revenues
as defined in division (D) of section 725.01 of the Revised Code,
and any available moneys in the applicable urban renewal debt
retirement fund.
(D) Make and enter into all contracts and agreements
necessary or incidental to the exercise of its powers under
sections 725.01 to 725.11 of the Revised Code.
Sec. 725.11. Urban renewal bonds issued under sections
725.01 to 725.11 of the Revised Code may be secured by a trust
agreement between the municipal corporation and a corporate
trustee, which trustee may be any trust company or bank having
the powers of a trust company within or without the state.
Any such trust agreement and the ordinance providing for
the issuance of such bonds may pledge or assign all revenues as
defined in division (D) of section 725.01 of the Revised Code, or
any part thereof, and all moneys deposited into the urban renewal
debt retirement fund established for such bonds pursuant to
section 725.03 of the Revised Code and may provide for the
holding in trust by the trustee to the extent provided for in the
ordinance authorizing such bonds, of all such revenues and
moneys.
Any such trust agreement, or any ordinance providing for
the issuance of such bonds, may contain such provisions for
protecting and enforcing the rights and remedies of the
bondholders as are reasonable and proper and not in violation of
law, including covenants setting forth the duties of the
municipal corporation.
Any bank or trust company incorporated under the laws of
this state which may act as trustee or as depository of the
proceeds of bonds or revenues may furnish such indemnifying bonds
or may pledge such securities as are required by the municipal
corporation. Any such trust agreement may set forth the rights
and remedies of the bondholders and of the trustee, and may
restrict the individual right of action by bondholders as is
customary in trust agreements or trust indentures securing bonds
or debentures of corporations. Such trust agreements may contain
such other provisions as the municipal corporation deems
reasonable and proper for the security of the bondholders.
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.
(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)(F) "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)(G) "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)(H) "Major disaster" means any tornado, storm, flood, high
water, wind-driven water, tidal wave, earthquake, fire, or other
catastrophe.
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.
(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)(C) "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)(D) "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)(E) "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.
Sec. 3735.59. A metropolitan housing authority may contract with persons,
associations, or corporations, or with the state, a state department or
agency, or a state public body as defined in section 3735.51 of the Revised
Code for furnishing to the authority food services, health clinics, medical
services, or other services for tenants of the authority who are not able to
provide for themselves.
The director of any state department may enter into agreements with a
metropolitan housing authority for furnishing such services to the authority
for tenants described in division (F)(E) of section 3735.40 of the Revised Code
pursuant to terms agreed upon between the director and the authority and for
such compensation as will reimburse the department for the services rendered.
Section 2. That existing sections 163.01, 163.02, 163.03, 163.04, 163.05, 163.06, 163.08, 163.09, 163.12, 163.14, 163.15, 163.16, 163.17, 163.19, 163.20, 163.21, 163.22, 163.52, 163.53, 163.54, 163.55, 163.56, 163.57, 163.58, 163.59, 163.60, 163.61, 163.62, 303.26, 719.012, 725.01, 725.02, 725.05, 725.11, 1728.01, 3735.40, and 3735.59 and section 163.51 of the Revised Code are hereby repealed.
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