The weekly Portage sentinel. [volume] (Ravenna, Ohio) 1854-1861, 1859-08-31
LAWS OF OHIO.
PUBLISHED BY AUTHoRI ITY.

mo. 1872. AN ACT
ConferriDg certain powers on, and pre- scrib.
ing certain duties of, the Board Of Public
Works.
Section l. Be IL enacted By the General
Assembly of the STATE of Ohio, That the
board of public works shall have charge Of
the public works Of the state, and shall have
power to perfect, render useful, maintain,
keep in repair and protect the same and to
that end shall have power TO remove obstruc-
tions therein or thereto, and to make such
alterations or amendments thereof, (whether
now or hereafter constructed,) and to make
such feeders, dykes, reservoirs, locks, dams,
and other works, devices and Improvements
as they may think proper for the respective
purposes aforesaid. That each member OF
said board shall have the like powers, in re-.
spect to the division OF the public works un.
der his special charge, subject, however, to
the control of the board, but he shall not un.
dertake the construction Of any new work
whose cost would exceed two thousand dol
lars, without the previous direction OF the
board. That to enable them to exercise the
power aforesaid, it shall be Lawful! for the
board, and each member thereof, within his
on behalf Of the state such real or personal
property, rights or privileges, as may be ne
cessary for the respective purposes aforesaid;
and also, to agree with any owner whose
property may be appropriated as hereinafter
mentioned, upon The sum of money to be paid
by the state as compe nsation therefor, and
10 pay the same in the manner designated by
law. And it shall also be lawful for the
board, and each member thereof, and every
superintendent, agent or engineer employed
by them or him, TO enter upon, take posses
sion of and use, upon the conditions and sub.
iect 10 the limitations hereinafter prescribed,
any lands, waters, streams or materials nec'
essary for the respective purposes aforesaid.
doing, nevertheless, no unnecessary damage.
And they may also en- ter upon any lands Tor
the purpose of making any surveys or taking
any levels that it moy be necessary or expe.
dent to make or take, in the discharge oi
their respective duties.
Sec. 2. Private property may be appro
pristed for the respective uses specified in
the first section Of this act, as follows when
the public use to be made of the property
would render it substantially valueless to the
owner, all estates therein, or rights thereto
may be appropriated, and upon the proper
proceedings being had as hereinafter proVid-
ed, shall vest in the state. When the pub.
lie use of the property will be temporary, OF
at intervals only, or when for any other rea
son, it may be unnecessary or inexpedent to
appropriate the lee simple therein, or abso'
Lutte right thereto, an easement, or right
commensurate with the use 10 be made there
of, may be appropriated good and suffi
cient title to which easement, or right, upor
the proper proceedings being had-us herein
after provided, shall vest in the state. Wher
breach, other injury or obstruction, destruc
tive OF or materially impairing the immediate
use Of any of the public works, (by whicl
term is meant not only the main works, bu
also all other works, structures or device
connected with or sppurtenant thereto,) shal
happen, or exist, or be in immediate DANCE
of happening, or when such breach, injury
or obstruction, or danger thereof. shall oc
cur in any work in process of construction
and repairs or protection shall be immediate
ly necessary for the preservation or restora
ton Of the same, such cases. all and singular
shall be deemed cases of public exigencl
iustifying the immediate seizure of private
property to repair or protect such works, o
to be used permanently or temporarily, a
places Of deposit Of materials for those pur
poses, o: Of matter removed in making sucl
repairs or protection. In all other case
provided for by this act, a compen sation TO
the property to be appropriated shall first b
made in money, or first secured by deposi
Of money, as hereinafter provided.
Sec. 3. The mode of making appro pria
tions under this act shall be as follows: Il
case Of public exigeDcy, as defined in tn
preceding section, the private property nee
essary to repair or protect the public wor
may be seized, either absolutely or for
temporary use, by the board aforesaid, o
either of their members, or any one of thei
superintendents, agents or engineers, an
the rights thereto, or to such temporary use
shall Immediately vest in the state. In o.
other cases the appropriation shall be mad
by the board, or one OF the members Thereof
In such case of public exigency, if the prop
erty be Immediately seized without first pay
ing for the same, it shall be the duty of tn
board, or some one Of their members, Git tn
compensation to be paid therefor be ne
agreed upon with the owner) without della
to make end officially subscribe as man
certificates, in all respects alike, as may
necessary, containing: First: A descriE
ton OF the property SO taken, with the tim
or times when taken, and whether taken at
I solutely Or for temporary use, and if the la
ter, the extent of the use, and the name {
names of the owner thereof. Secondly =
=, An offer on behalf of the state to pay there
. for specific sum of money, being such SUI
A as the board, or their member, shall deel
reasonable one of which certificates sha
be delivered to each of the owners of tn
property SO taken, If resident within tn
j. state, or left at his or her usual place Of abod
S therein f; provided, that If any owner be
minor, idiot, or insane person, having qua
dian resident within this state, service OF sa
certificate, in manner aforesaid, shall
/. made on such guardian, which shall be deem
. ed good service upon the wsrd. But If an
# owner or guardian reside without this stat
. or his place OF residence be unknown to til
board, then notice to him or them may
I given either by personal service Of such ce
n tificate, or by publishing the same for ful
conse ecutive weeks in some newspaper
4 general circulation in the county where
the property was taken. One OF said certii
Is Gates, with proof of it's having been serve
b or published as aforesaid, and the date
|. such service of publication, shall he filed ar
!. preserved in the office Of the board. If ar
owner, or his or her guardian as aforesai
u shall at any time after the seizure Of bis
!. her property as aforesaid, and within or
0 year after the service Of the certificates
q Aforesaid, or it's last publication as aforesai
!. as the case may be, elect to take the sum
70 money so offered, or, in case Of joint owne
ship oftensncy in common, his or her pro
or nrnnnrfinn fharanf. fhA hnnrd or the nrn