The Perrysburg journal. [volume] (Perrysburg, Ohio) 1853-1861, 1859-08-18
April 4, 1859.
Speaker ofthe House of Representatives.
MARTIN WELKER,
President of the Scnntc.

mo. l82l AN ACT
Couferng certain powers and prescribing certain
duties of the Board of Public Works.
Secl Be il caactcd6y the General assembly ofths
State Of Ohio, That the board of public works shalt
have charge of the public works of the state, and
shall have power to perfect render useful, mnintou
keep in repair and protect the same; and to that end
shall have power TO remove obHruuuoUS therein or
thereto aud 10 make such alterations or amendments
thereof (Nhethor now or hereafter constuoted) aud
10 make 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 respect TO the division OF the works under
his speC charge, subject however, to tho control OF
the board; but he shall not undertake. the eonsrno
tiou of any new work whose cost would exceed two
thousand dollars, without the previous directions ol
the board Tint to cuablc them to exercise the pow
cruorcsaid it shall h0 awful for the bonrd and each
member thereof, within his proper division, TO pur-
chase in the name and on bchdt of the state such
real personal property, rights or prNeg gcs 40 may
be necessary for the respective purposes aforesaid
and also 70 agree with any owner whose property may
be appropriated, horenaiter mentioned, npon the
sum ofmoney to be paid 10y the state as compensa
tion therefor and to pay the ia the manner dos
ignatcd hy law And il shall also be lawful tor the
board, and each member thereof and every supcrin-
trudcut agent engineer employ 10y them or him,
20 enter upou take possession of and use upon the
conditions aud subject to the limitations aS hercnaI-
ter prescribed any lands, waters, streams or matcr-
ais necessary for the respective purposes
ing, nevertheless, no unnecessary damage ANA they
may also cp;ur upon any lands Tor the purpose o ma
Mug any surveys taking any levels that II may he
necessary or cNpedient to make or take in the dis
charge of their respective dules
Sec. 2. Private property may he appropriated for
the respeCtye uses specified in the fast section OF
this act as follows; When the public use to be made
Of the property would render IL substantially valuo
less to the all estates hereni or rights there
TO may be appropriated aud upon the proper proceed
ngs be had as hereinafter provided shall vest in the
state. when the public usc of the property Will be
temporary or a intervals only or when for any other
reason, itmay be unnecessary or ineNpedlent 10 APP
propnate the fee simple thereon, or absolute rights
thereto and eusment right commensurate with the
use TO be made thereof, may be RpprOpriNted good
and sufficient title to which easment, on right upon
the proper proceedings being had as hereafter proNl
ded, shall vest IN the state, When u breach, other
injury obstruction destructive OF or materially inn
pairing the immediate use otuny of the public works
Thy winch term is meant not only the main works but
also all othr works structures With
or appurenan thcreto0 shall happen exist to be In
immediate danger OF happeuing,or when such breach
injury or obstruction, or danger thereof ShOu occur
ia any work in course of construction; and repair or
protection shall be immediately necessary for the
preservation restoration of the sne, such cases all
and singular shall be deemed cases OF public eNgen-
cy jusityng the immediate seizure otpriNate proper
" repair protect such works. or tu be used per-
manently ortemporariy us places OF deposit OF mate
rails for those purposes, or OF matter removed in ma
king such repairs protection, In all other case,
provided for by this act cunpensauonto Tor the prop
erty 20 be appropriated shall first be made in money
hrst secured by deposit VI money as hereafter
provided.
Sec. 5. The mode of making appropriations under
this act. shall be follows; In rase of public exc
gency, as defined in the preceding section, the prt
Vate property necessary TO repair or protect the pup
lie work may be seized either absolutely or Tor tenn
porsry use by the board aforesaid either OF thti
members any Que OF their superintendents, agent
engineers and the rights thereo,or 20 such tempo
rary use, shall Immediately vest in the state In al
other cases the appropriation shall he made by th'
board, or one of the members thereof In such cast
OF public exigency If the property be immediately
seized without first paying Tor the same IL shall be the
duty Ofthe board or some one of their members, u
the compensation 10 be paid therefor be not ngreeS
upon with the owner) without delay TO make aud of
keially subscribe as many certificates in all respects
alike may be necessary containing, First, a dies
oripdon Of the property taken, with the time o
times when taken and whether taken absolutely ~
for temporary use and il the latter the extent OF th
use, apd the name names OF the owner thereof
Secondly ofer,on behalf OF the state, "a pay her
for a specified sum of money being such sch sum ~
the board. or their member. shall deem rear enable
one of which certificates shall be delivered each @
the owners Of the property so iaAsni lesdept With