M'arthur Democrat. (McArthur, Vinton County, Ohio) 1853-1865, 1859-06-09
March 81, 1859.

/ No 1921 AN ACT
ConlerIing certain powers on, and prescri-
biug certain duties of, the Board OF Public
Works. '.
Section l. Be ii enacted By the General
Assembly Of the State Of Ohio. That the board
Of pubic works shall have charge OF the pab
Inc Workg OF the state, and shall have power
to perfect render useful, maintain keep in
repair and protect the same; and TO hat eud
shall have power to remove distractions
therein or hereto, and TO make such dltera
tlons or amendments thereof, (whether now
or hereafter cOnslrucled) and to make such
feeders, dykes, reservoirs, locks, dams. and
other works. devices and Improvements as
they may think proper for the respective pur-
poses Aforesaid. That each member Of said
board shall have the like powers, in respect
to the division olthe public works under his
special charge, subject, however, 20 the con-
troll OF the board; but he shall not undertake.
the construction Of any new work whose
cost would exceed Two thousand dollars,
without the previous direction Of the board.
That to enable them to exercise the powers
aforesaid, il shall be lawful Tor the board,
and eacA, member thereof, within his proper
division, to purchase in the name and on be-
half Of the STATE such real or personal prop
erty, rights or privileges, as may be ueces-
sary for the respective purposes aforesaid;
and also, to agr with any owner whose
properly may be appropriated as herelnaf-
ter mentioned, upon the sum OF money 10 be
paid by the state as cOmpensa lion therefor,
aud 10 pay the same in the manner desi Aua
tel by law. Aud it shall also be lawful for
the boa,d, aud each member thereof and
ever! superintendent, agent or engineer EN-
p.oyed by them Or him, to enter upon, take
posses ion OF and use, upon the conditions
AMI subject TO the limitations hereinafter
pre-, e,criJed, any lands waters, streams or ma
terts necessary lor tn. respective purposes
dlO esad, dong, nevertheless, no unneceSsd-
ry damage. Aud they may alSp enIer upon
any lands for the purpose OF making any sur
veys or taking any Levels that II may be ne
cessary or eXpedent TO make or take, III the
discharge of their respective duties.
Sec. 2. Private property may be appro-
prlated for the respective uses specified in the
fist section of this act as follows; wnen the
public use to be made OF the property would
render it subr;aHtiilly value less 10 the own
er. all estates therein, or rights thereto, may
be appropriated, aud upon the proper pro-
ceediugs being had as hereinafter provided,
shall vest in tie state. When the pubic
use of the property will be temporary, or at
intervals only, or when for any other reason
il may be unnecessary Or ineXpedlent to APP
the lee simple therein, or absolute
right th.ralo, an easement, or right. comnen
snrate vatth the use to be made thereof, may
be Appropriated, good and sufficient title TO
wa ich easement, or right, upon The proper
being had as here lnalter prOvl |
ded, shall vest in the state. When breach !
other injury or obstruction. destructive Of orl
impairing the immediate use OF
any of the public works, (by which term Is |
meant not only the main works, but alSj all
other works, structures or devices Connect !
ed with or appurtenant thereto.) shall hap |
pen, OF exist, or BE- in imlnedlate danger OF !
hd hdppening, or when such breach. injury or
ojstructl0n, or danger thereof. sha Il occur III
any work i'm process OF construction, and re-
pairs or protection shall be immed lately nee.
sssay for the preservation or restoration OF
the same, such cases, all and singular, shall
be deemed cases ofpdblic exigency justliying
Ihe immediate seizure of private property. to
repair or protect such works, or to be used
or temporarily, as pl aces of de-
Ddsit of materials for those purposes, or OF
matter removed in making such repairs or
In all other cases provided for
,y this act, compensation for the property
o be appropriated shall first be made in
=, or first secured by a deposit of mon
", as hereinafter provided Er ~
Sec. 8. The mode OF making aPproPrle'
ions under this acJ shall be as follows: In
case OF public exigsnCy, as defined in the
,recedilg section, Tie private, property nee
ssafy to repair or protect the public work
na, be seized. eitlerabsolutely rfor teml
,orary use, by the board Aforesaid, or enher
4 their members, or any one of their saper
atendents, agents CT engineers, and tn