The Portage County Democrat. [volume] (Ravenna, Ohio) 1854-1868, 1859-08-17
s Laws, &, ,of.isOhioe3. 8
pUsLIsRED By- AUTHORITY.


Section l. Belt enacted bv the General Assembly of
the ate of 0hio Tat 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 saesand TO that end shall have
power ohstuetions therein thereto, and to
make snch alterations amendments thereof (whether
hereaf consructed) and to make such feeders,
and improvements they think proper Cor tie
eeiiyeureses aforesaid That each peber of said
var shall haze the IKE powers m respect to the diyis
ion of the public works nDder his special charge sub
iect however, to the control of the board, but he shall
10 nnderiakethe censructior of any newwork whose
previous direction The hoard That to enable them
rcse the poer aforesaid, 1T sh1ll be lawful for
the board ardesch mem thereof within his proper
division, purchase in the name and On behalf of the
such real or personal PROPERTY rights privileges,
may he necessary for the RESPECTIVE purposes are-
ssidFln also, with any ownervhese property
ybeapprohriated as hereinafter nlero6ed, upon the
sum of rnoney to be paid bv eo state as compensation
therefor, and to pay the in t designated
by Jaw And it shall ais, be lawful for the board aud
each and every mi m Agent
take possession of ard ;be conditions and sub
10 ns any
purposes aforesaid, dnipg neyerheees no unnecessary
damage. And they may also enter upon any lands for
purpose of making taking any feyels
that irmay reces expedientoF inake or take
in the discharge of heirlrespectfve dutiesi ~ ~
respective specified in the of this act
follows: When the puic use to be made Of the proery
would renderit substantially vaueess to the owner, all
estates therein rights thereto, may be appropriated
and upon the proper proeeediggs being hal as herein
after provided, snail IN ne Stae Wnen pilOuc
Of the property will be Temporary, at intervals
yor wen for any other it may be necessary or
inexpedient 10 appropriate the simple therein abb
solute right thereto, easement, right,
sass aSa e Ss be sSr5%pr
hereinafter provided shall vest in the State When
breach other injury Q: obstrc" destructive Of or ma
works. thy which term is ent not only the main works,
but also all other works. structures or devices
with OF thsreto shall happen, OF eFist Or
be in immediate danger of happening, when such
breach, injury obstruction, ,o danger thereof shall
any work in process fconstrucfion, and repairs
protection shall he i'm nedately Necessary for the pres
eryRton restoration Of the same, such cases. all and
sgul ar shall le deemed cases public exigency justi-
fying the Immediate seizure of private property to
pair protect such works, to be used permanently
tenperary as places of deposit of mate for
those purposes, of mater removed in making such
repairs preecoa.- soiHa other provided for
by this act, conversation for the property to be a
propriated shall first be made in first secured
by deposit of money, as hereinafter provided. 20
Sec. g.. The mode Of makirg appropriaIions under
defined in the preceding section the private prop
ery necessary to repair protect The publc work may
the ard aforesaid, either of their MEMBERS
of their superntendents, agents or engineers and
theghts horeto or to such temporary use shall mme
atey in the state In all the appropr
ation shall be Hde by the board, one OF the mem
property be Immediately seized without first paying
the same it shalf be the duty of the board some
be not agreed upon with the IowneF without delay Il
make and officially subscribe many Certificates in al
respects alike may be necessary, containing: First
taken. and tEsa sssoisfs or TO
.nd 6e nsms q names e onsr me eTeo Oh
An offer behalf of the to pay therefor speei
sum of money, being such sum The board or thei
member shall deem reasonable of which certicate
shall be deyeredt to each of the OF the property
taen resident within this state, or left at his or he
usual place of abode Lheren provided that if own
er be minor idiot insane ne son. having guardian
resident within this state service certificate, il
e e
owner guardian reside this state his plac
of residence be unknown to the board then notice It
him them may be given either by personal service
such cercate or by publishinR the for four con
secutive weeks some newspaper general circulation
said certificates, with proof OF its having been served
puSeaton shall be fled and preserved in the Office
the board. Ii any owner, or his or her guardian q
aforesaid shall at any tins after the seizure of his or he
property aforesaid, and within year after the
vice the certificates aforesaid its hast pubcatio
as aforesaid the may be- elect to take the sum
fancy in common, his her proper proportion thereo
the board or the proper member thereof shail pay
therefor receipt specifying what account the
4 is paid and such payment shall discharge all claims
such against the state by reason of the premise
But if he she shall be unwilling to accept the said o
FIR of compensation, be or she may, within the yea
aforesaid notify the beard the proper member there
Of namely the member hsvins special charge of the d
vision where the property was takenO Of such unwl
ingness and IT the board, or said member and the owr
er cannot agtee upon the compensation to he paid th
owner may at any time afterwards, within said year, f
in the probate court of the county wherein The propert
taken situate when taken or if il was tract of Ian
situate partly in one and partly In another county
then in the probate court ofeither of said
tss one OF said eertiicaes ora copy theseof (whic
copyshan be Furnished to him or her by the board,
proper niemb Der thereofif de,nanded and reqire Ii
avenire for them in tine hereinafter provide
section four which venire shall be served and rourI
ed provided in said last named section Before
yenre shall be ssn4d ihe owner shsl notify the boar
or proper member thereof. when it viii be issued vi
on such venire being issued the proceedings sha
had. far the be Applicable and Dract
eae respect to the filing of vacahces, the qualfyiI
of lha jurors the power to administer oaths or affirm
tions the making and return e awards, conduct of tr
ais return of verdicts exceptions petitions in erro
and al other matters as are hsEsinafer 10
than hose of public exgency aforesaid the procee
lbs shall he as follows: the board or some memb
thereof shall make and off tally subscribe many
ticafe in all respects akeas may be ry, satin
First The intention of the state to appropriate ii
curatey woud be necessary 10 aceuveyance aud al
stating the of the owner thereof Sc
odly The specific sum of nIopey that the state is wi
e irgto pay therefor, which shall be such as t
board, the member having sleealc charge of The wo
for which the appropriate ion is 20 be made, shall dee
Il; reasonabe. Thirdly. That il the owner or owners
not, within time TO he specified in the certificate (wh
time such board or member may hx, allowing reason
as hereinafter proyded3 accept said sum as fun cor
pensaion for such property, use or easement them
ter specified day the state will cause the property
p tended be appropriated, 10, to which
orea ement is intended to be Appropriated TO be co
or easement to be assessed pursuant to one of
certificates shall be delivered to each of the owners
over which an se or easement intended be appr
piaed his her guardian or publication thereof nat
in the same amer and under the same circumstanc
herein before provided in respect to the rerti6c,tes
Therein mentioned Another of said certificates shah be
ed preserved in the office Of the board with proof
the service of publication thereof showing the date
dates ofsuch service publication; and if the approp
such property and be naly made it shall the duty
some member Of the board to endorse upon another
Vi said certificates the words approp iation made, WI
the date when the appropriation was perfected aud TO
cally subscn be such endorsement and cause sucn G
cate and endorsement to be recorded " .ne recoroe
any owner his her guardian, aforesaid shal at
time before the appropriation mentioned In said cert
cafe shall he made elect take the compensation spe
lied in said certificate, in of joint ownership
tenancy in COMMON. his or her proper proportion the
same to paid to him his her guar dian a
hal take the receip, of such owner or guardian the
for and Upon such payment all the title or right oil su
owner in or to the property, uso easement approp
lated, shall vest in the state provided, however, tha
case of joint ownership or tenancy In common, vi
some of the owners or elect, and others do
elect take tile compensation offered as auo esaid pi
the board or the proper member thereof be within
until the proeeedngs agas III Sc SO refusing or y
Proceedings the board or proper nienoer hrreof 81
be of the opinion that the amount amounts assess
together with those payable TO the 10 NJ owner or ten
he great to justify he inthnded appropriation il h
be lawful for the toaTd such mewbc, to pay The
of sa1 proceedings aud refuse to make the appropr
otions; in which event said costs shall be SO paid,
nothing And provided further, that If any own
his or her gnardan eectng to take the compehsamu, u
red by the aforesaid, shall fail 10 nake y
electiou until after proceedings tor az
commenced hereinafter provided ne or sns srS' h
2 foe ceceiyitiC such satiou, u equheu pS
proper member hersos pay sss,s 3, s
as van as himself or herself his or hor proper propt
ton OF said costs he or she may ect to et The s
Il ap tbn snne ami deduct it from said compensation
P"SSac Jfany owner owners, notified as proyid
IN the next proceeding section, shall not within the iii
specified for that paTpoSe ~ tue eeiihcate menuonsd
I'D s,ction signify the huar some member thei
Of his her. or their scccpNucc of tho compensation
cred by said certificate 90 him her or them 4, shall
lawful Tor the bard any member thcfetf at any tit
after the expiraton OF the time named IN said certncat
for such owner or owners TO accept the offer
L .c ilaaaka 80