Dayton daily empire. [volume] (Dayton [Ohio]) 1850-1865, 1859-05-13
LAWS OF OHIO.
[No. Isg. ANAcr.
Conlorrng certain powers on, and prescribing Ger,
tain duties Of The Board Of Public Works.
Published 6y Authority.

tain duties Of, the Board Of Pubo Works.
seeiiop. BE Il enacted By the General Assembly
Of The State Of Ohio, That The Board Of Pebble
works shall have charge Of the pobllc works Of the
slae, aud sheli have power to perfect, render use
fu, mnnlnin, keep in repair and protect The same;
aud 10 that end shall have powcr 70 Obsruet
ions therein thereto, aud 10 make snch alterations
or amendments thereof; (whother nov or hereafter
cousirueled) and to make such feeders, dykes, res
ervoifs, locks, dams and other works, devices aud
impro ovemtnts as they msy think proper for the
respective purposes Aforesaid That each member
Of eaid board ahRl have the like powers, In respect
10 the division Of the public works under bic special
charge, subject however, to the control Of the board
bot shall not undertake the construction Of any
new work whose cost would exceed two lhousa nd
dolla, without the previons direction Of the board.
That TO enable them to exercise the powers afore.
said, II shall be lawful for the board hnd each mem.
ber thereof within bis proper division to purchate
In the name and on behalf Of tue state such real or
pcrsounl property, righis or privileges as may be
necessary Tor the respective purposes Aforesaid, aud
also TO agree with Rny owner whose property may
bo appropriated as hereinafter mentioned, upon the
sum ot money 10 bo paid by the state as oompens-
alton therefore, aud 10 pay the sane In the manner
designated BY law, Aud Il shall also BE- lawful
for tho board, and each member thereof, aud every
superintendent, agoni or engineer employed BY them
or him, TO enter upon, take possession Of and use,
npun the conditions and subject to the limitations
hereinafter prescribed, any lands, waters, streams
or materials necessary for the respective paYpOtes
Aforesaid doing, neyerth eoss no unnecessary DAM
age. And they msT also enter upon any lands for
the purpose ot making any surveys or taking any
levels that Il may be necessary or expediont to
make or take. m the discharge Of their respective
duties.
Sec. Private property may bO appropriated for
the respective specified In tho irst section Of
this act as follows when the public to be made
oil the property would render It substantially value
lees 70 the owners all estates therein, or rights
thereto, may be appropriated, aud upon the proper
proceedings being had 90 hereinafter provided, shall
vest Ia the tlate. When thupublie use Of the prop,
orty VIII be temporary, at intervals only, when
Tor any other It may be unnecessary or ihsIS
pedient TO appropriate tho ioo simple therein or abb
solute right thereto easmeut or right commonsuN
rite With the TO be made thereof, nay be nppro
printed good and sufc cent title to which oasment
ar riSht upon the proper proceedings being had as
hereinafter provided, shall veSt 10 the state
When breach, other injury obstruetion, destruc-
tive or materially unpairing the immediate
use Of any Of the public works, (by which
term Is not meant only the main works, but
also oil other works. Structures or devices connected
with 0ppeftaiung thereto,) shall happen exist
or bo in immediate danger Of happeuing or when
such breach, injury obstruction danger thereof
shall occur In any work in process OF construction,
aud repairs protection shall be Immediately nee
esary Tor The preservation or restoration Of the
such casea all singular, shall be dGrmed cases OF
public eSgencJ justilying tho immediate seiEure
Of private property 10 repair or protect auch works
or 10 be used permanently or temporarily, places
Of deposit Of maie als for these purposes, Of mat
ter removed in making such repairs or protection.
In all other coscs provided for by this act, cons
pensation for the proper-to be appropriated shall
first DO made IN money, or first secured by de.
| post OF money as hereinafter provided.
See. 3. The mode of making appropriations un-
der this act shall be as foows: 10 case OF public
exgehcy, as defined in the preceding section, the
] G..N. -, 20,
publiciwork may be SEIZED either Absolutely or for
temporary use, by The board aforesaid, or either
Of their members, or any one OF their supeTlntend
ants agents or engineers, and the rights thereto or
to such temporary Use. shall m5dately vest in the
ales. la other cases the appropriation 1hnll be made
by the board oil the members thereof. Ia such
case Of public eIigcncy, II tho property be imme.
diatey seized without first paying Tor tho same, 1t
shall DO the duty Of the board, or OF their
members lf the compensation tote paid therefore be
not agreed upon with the ownerO without delay 10
| make aud officially subtcrbe as many certificates,
in all respects alikei as may be necessary, contain
ing. Frt A description Of the property so taken
with the time or tmes when takeu, aud whether Ia.
ken absolutely or for temporary useI and II the lat
ter tho extent Of the use and the nsmo or
names OF the owner there Of Secondlyi An Of.
fer behalf Of the state 10 pay therefor specific
sum Of money, being such sum as the board, or
! their member shall deem reasonable; one of. which
certificates shall be delivered 10 each oi the owner
Of the property so talen resident within this state;
left at his or her usual place oil abode therein,
| provided, TINT ii any owner DO minor, idiot, or
| ntape person, having guardian resident within
this stete, service OF aaid certificate, ~ manner
Aforesaid, shall be made on such guardian, which
shall 10 deemed good service upon the ward. But
itany owner or guardian reside without this state,
his place OF residence be unknown TO the board,
then notice to him or tnem may be given either BY
personal service Of such certificate, OF BY publishing
the same Tor -four consecutive weeks in some news
paper OF general circulation 10 the cCuny wherein
the property was taken One Of sad certificates
with proof Of its having been served or published as
Aforesaid and the date Of such service publication
shall be filed and preserved IN the Office OF the
4 board. Ii any owner, or his ol her guardian as
aforesaid shall at any time after the seizure Of his
! o. heT property as Aforesads and within one yrSt
alter the service OF the eerticateS as aioresnid or
its last publication 0s aforesad % te case may be,
elect 10 "a te the sum Of money so offered, or, ~
case Of oint ownership or tenancy in common, his
or her proper proportion thereof, the board OF the
proper member thereof shRll pay, or cause the same
to be paid 10 him OF her, and shall take therefor
receipt specifying on what account the same Is paid;
aud such payment shall discharge oil claims oil such
owner sgainst the state by reasOn Ot the premises
But he or she tha be unwilling 10 accept said of
/ for OF compe usation, he or she may, within the
year aforesaid. notify the board, or the proper mem
Der thereof, namely, the member having SPECIAL
charge Of the division where the property was Ia
/ ktHil W puSu Wv S"efNg -
said hembpr, and the owner cannot agree upon the
compensation 10 be paid, thp owner may st aby
time aft rwards, within said year fe IN The pro-
bate court Of the county wherein the property 10.
ken was situate when taken, or, u ID was o tract Of
land situate partly IN one and partly In another
! eonuty, or counties, then in tho probate court OF
either OF sad counties, one OF said certificates, or
copy thereof (Which copy shall be furnished 70 him
or ker BY tho board, or proper member thereof, II
demanded,l and require the Judge ot said probate
court 10 cmpanel jury aud 10 issue venirs ior
them in the nauner hereinafter provided In section
four which venire ShDl be- served aud returned as
provided 10 taid last named section. Before sneh
veniro shall bo issued, ths ogner shall notify the
board, or proper member thereof, when II will be
| issued, Upon such yenire beiag issdedI lhv
proceedings Shall be had far as the same may be
applicable aud practicable, 10 respect to the filling OF
ypcances the qualifying Of the Jurors, the power 10
administer oaihs or aftirmAtions the making and
ret9ra Oi awards eondue Of lrals return ot Verdois
exceptions or petitions in error, aud all other mat.
ters as in hereinafter provided in respect to cases
not Of public eEigepey In cases other than those o.
public eIigeney aEoresad, the proceedings shall
be as follows the board or member thereof,
shall make and officially subscribe many etrif,
Gates, in al reSpCets alike AS may be Necessary,
stating Fint The intention Of the state 10 appro-
prate the property use. easement, describing II
as fully aud accurately as would be necessary in a
conveyance and also stating the OF the owners
thereof. Secondly: The specific ann Of money
that the state is willing 10 pay therefore, which shall