The Cadiz Democratic sentinel. [volume] (Cadiz, Ohio) 1854-1864, 1859-05-25
AN ACT

o. lS-. AN ANl
Comforting certain powers on and pre-
scribing certain duties of the Board
of Public Works.
Sec. l, Be ii c1oocted 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 pro,
tect the same; and to that end shall
have power to remove distractions
therein or thereof, and to make such al
~terations or amendments thereto (wheth-
er now or hereafter c~onStructed,) and
to make such feeders, dykes and reser-
voirs, locks, dams and other devices
and improvements as they may thiuk
proper for the respective purposes afore-
aforesaid. That each member of said
board shall have the like powers, in re-
spect to the division the public works
under his special charge, subject how,
ever, to the control ofthe board; but
he shall not undertake the constru-
ction of any new work whose cost
would exceed two thousand dol
lars without the previous direction
the board. That to enable them to
exercise the powers aforesaid, it shall
be lawful for the board and each mem
Der thereof, within his proper division
to purchase in the same and on behalf
of the real or personal property, rights
or privileges, us may be ne necessary
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
compensation therefor, and to 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 EN-
ployed by them OF him, to enter upon,
take possession otand usc,upon the condi
tons and subject to the limitations here.
matter prescribed, any lands, waters.
streams or materials necessary for the
respective purposes Aforesaid, doing,
nevertheless, no unnecessary damage.
And they may also enter upon any lands
for the purpose 0 f'making any surveys
or taking any levels, that it may be ne.
eesSary or eypcdient to make or take in
the discharge of their respective duties.
Sec. 2. Private property may be APP
propriated for the respective uses spe-
cited in the first section Of this act, as
follows; when the public use to be made
Of the property would render it substan-
tial lyvalueless to the owner, all estates
therein, Of rightS therto, may be appro-
priated, and uIo Oh the proper pro-
ceedings being had as hereinafter pro
vlded shall vest i'll the state. When
the public use of the property will be
temporary, Or ut intervals only,or when
for any other reason it may be unneces,
sary orinexpedientto appropriate the fee
simple therein, or absolute right there
to, an easement, or right, commensu-
rate with the use to made thereof, may
be appropriated, a good and sufficient
title to which TO which easement, or
right, upon the proper proceedings being
had as hereinafter provided, shall vest
in the state. When a breach, other in
jury Or obstruction, destructive of or
materially impairing the immediate use
Of any OF the public works, (by which
t RIM is meant not only the main works,
but all other works, structures or devil
ces connected with or appurtenant there
to,) shall happen or exist, o be in i'm
mediate 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 ne
cessary for the preservation or restor-
alton of the same, such cases, all and
singular, shall be deemed cases of public
exigency justifying the immediate seiz
ure OF private property to repair
or protect such works or to be us
ed permanently or temporarily, as pla-
ces Of deposit ofmaterials for those pur-
poses, OF Of matter removed in in max
ing such repairs and protection. In all
other cases provided for by this act, a
compensation for the property to be
appropriated shall first be made in
money or first secured BY o deposit Of
money, as hereinafter provided.
Sec. 8. The mode of making appro-
priations under this act shall be as fol
lows: Ina case Of public exigency, as
defined in the proceeding section, the