Holmes County Republican. [volume] (Millersburg, Holmes County, Ohio) 1856-1865, 1859-07-07
LAWS OF OHIO:
An ACT
AN ACT
Confering certain powers on, and prescribing
certain duties of, the Board of Public Works.
Published by Authority

AN ACT -,
Confering certain powers on, ana prescribing
certain duties of, the Board of Public Works.
Sec 1 r. a enacted 6s the General Assembly
Of he State Ohio, That the board Of public works
shall have charge of the public works Of the state,
and shall have power 70 perfect, render useful,
70 that end shall hsye power to remove obstruct-
ions therein or thereto. and to make such alter
stious or amendmsnts thereof SEhethssr s ty now or
devices and improvements as they may think prop
member Of said board shall have the like powers,
in respect to the divisions Of the public works un
der his special charge, subject however, TO the con-
troll of the board; but be 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
for the board, and each member thereof. within
his proper division. to purchase in the name and
on behalf Of the state such real personal proper
ty, rights privileges, be necessary for the
respective purposes aforesaid; and also, to agree
with any owner whose property may be approprlrr
ated as hereinafter mentioned, upon the sum OF
msney to be paid by the state as compensation
therefor and to pay the same in the manner oeslg-
pssed BY law AND IL sra aso &c ana sverr
intendent, agent or engineer employed by them or
or him, to enter upon take possession Of and use,
upon the conditions and subject to the limitations
hereinafter prescribed, any lands waters, streams
or materials for the respective purposes
aforesaid doing, nevertheless no unnecessary DAM
ages. And they may also enter upon any lands for
the purpose of making any surveys or taking any
leyeis that it may be necessary or expedient to
make or take. in the discharge Of their respective
duties.
Sec .. Private property may be appropriated
for the respective use specified IN the hrst section
of this act, follows: when the public use TO be
made of the property would render it substantially
valuless to the owner all estates there I'M or rights
thereto, may be appropriated, and upon the proper
shall vest in the state. When the pubic use OF
the property will be temporary, or ut intervals
only, or when for any other reason it may be un-
necessary or inexpedient to appropriate the fee
simple therein, absolute right thereto. or right,
commemorate with the use to be made thereof, may
be appropriated; good and sufficient title to which
easement, or right, upon the proper proceedings nc
being had hereinafter provided shall vest IN the
state When brecch, other injury or obstrnctlon'
destructive of or materially imparing the immedi-
ate use of any of the public works, ,(by which term
is ment not only the main works. but also all other
works, structures or devices connected with or ap-
purtenant there to- shall happen. exist, or be in
immediate danger of happening, or when such
breach. injury or obstruction, or danger thereof.
shall occur in any work in process Of construction,
and repairs or protection shall be Immediately
necessary for the preservation restoration Of the
same, such case; all and singular, shall be deemed
cases Of public exigency justifying the immediate
seizure OF private property to repair or
works, or 70 be used permanently or temporarily as
places of deposit of materials for those purposes or
Of matter removed in making such repairs or pro-
lection In all other provided for by this act
acomponsation for the property to be appropriated
shall first be made in money. or frst secured by a
deposit of money, as hereinafter provided.
Sec. 3. The mode or making appropriations un-
der this act shall be as follows: In case Of public
exigency. defined in the proceeding section. the
private property necessary to repair protect the
public works, may be seized, either absolutely or
either of their members, one of their super
intendents, agents or engineers, and the rights
therato. to such temporary use, shall Immediate
ly vest in the state. In all other the appropri
alton shall be made BY the board, or one of the
members thereof. In such case ofpublie exigency,
Tad
paying for the same, it shall be the duty of the
board, or the same one of their members, uf the
compensation to be paid therefor be not agreed up
on with the owner,) without delay to make and
officially subscribe certificates, in all re-
spect alike. as may be necessary containing: flrst
description of the property taken, and whether
taken absolutely or Tor temporary use, and if the
latter the extent of the and the name names
of the owner thereof. Secondly: An Office on be-
half of the state to pay therefor specific of
money paying such sum as the board, Or their mem
bcr, shall deem reasonable one OF such eerthcates
erty SO taken, if resident within this state left
at his her usual place of abode therein provided,
having guardian resident within this state, SER
vice of said certificate in manner aforesaid, shall
be made on such guardian, which shall be deemed
good service upon the ward. Buff any owner
guardian reside without this state, his place of
residence be unknown TO the board, the notice to
him or them may be given either by, personal ser
vice of such serticate or, by publishing the same
for four consecutive weeks in some newspaper Of
general circulation in the county wherein the
properly WAS taken. On6 OF Sd1u ccrt1HcdlcS, Win
proof Of its having been served or published as
aforesaid, and the date Of such service publica
ton, shall be filed and preserved in the office of the
board. If any owner. or his her guardian
aforesaid shall at time after the seizure of his
property aforesaid and within year after the
publication as Aforesaid a. the case may be- elect
to take the sum of money so efered or, in case of
joint ownership or tenancy IN common, his or her
proper proportion thereof. the board or proper
member thereof, shall pay, the same to be
paid to him her: and shall take therefor receipt
specifying on what account the same is paid: and
such payment shall discharge all claims of such
owner against the state by reason of the premises.
But if he she shall be unwilling to accept said
YEAR aforesaid. notify the board, or the proper
member thereof, (namely the member having special
charge of the division where the property was
said member, and the owner cannot agree upon the
compensation to be paid, the owner may at any time
afterwards. within said year, file in the probate
court of the county wherein the property taken
was situate when taken, or, if it was tract of
land situate partly in enc and partly in another
county or counties, then in the probate court of
either of said counties one of said certificates or
q copy thereof,( which copy shall be furnished to
him or her by the board or proper member thereof,
court to empanel jury and TO issue a venire for
them in the manner hereinafter provided in sec
xion four which venireshal be served and returned
od as provided in said last named section. Before
such venire shall be issued, the owner shall notify
the board or proper member thereof. when it will
same proceedings shall be had, so far as the same
may be applicable and practicable in respect to the
filling Of vacancies, the qualifying Of jurors. the
making and return of awards. conduct of trials,
return Of Eerdcts. exceptions petitions in error
respect to cases not of public exigency. In case
other than those of puplic exigency aforesaid,
the peoceedings shall be as follows: the board. or
some;member thereof, shall make and officially sub
scribe as many certificates. in all respects alike as
may be necessary, stating: FIRST. The intention of
the state to appropriate the property use, easemen
describing it as fully and accurately as would be
necessary q conveyance, and also stating the
name or names of the owner thereof Secondly
The specific gum of money that the state is willing
te pay thereof. which shall be such a sum as the
board, or the member having special charge of the
shall deem reasonable. Thirdly. That If the
owner or owners do not within time to be specif-
ed in the certificate, (which time such board or
member may fix, allowing reasonable period Of
ter service or publication of the certificates, as
hereinafter provided, accept said sum as full com
after special day the state will the property
intended to be appropriated or in to or over which
az he Condemned 70 the state. and the value Of such
property, use, easement to be assessed pursuant
10 law One of said certificates shall be delivered
to.each of the owners of the property intended to
be appropriated, in to or over which an use. or
easement is intended to be appropriated, his her
guardian. publication thereof made, IN the same
manner and under the same circumstances herein
before provided. respect to the certificates first
herein mentioned. An other of said certificates
shall be filed and preserved in The ofce of the board
with proof of the service of publication thereof,
showing the date dates of such service pub
lcation: and if the appropriation be Of real proper
IT, or of an easement or upon such property, and
be finally made. it shall be the duty of some mem
ber of the board to endorse upon another Of said
certificates the words appropriation made" with
the date when the appropriation was perfected, and
to officially subscribe such endorsement and cause
such certificate and endorsement to be recorded in
the recorders Office of the county in which the
property is situate. If any owner; his or her guar
dian, As aforesaid, shall, at any time before the
appropriation mentioned in said certificate shall be
made, elect to take the compensation specified in
.a;d carfif "a in case of mint ownership