The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1859-06-15
Spirit Of Democracy.
LAWS OF OHIO.
PUBLISHED BY AUTHORITY.
AN ACT.

mo. 1871 AN ACT.
cOnferrins certain powers on, d nd prescribing |
certain duties of the Board Of Public |
Works.
Section /. Be it enacted by the General is
ssmbiy 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 re-
pair and prot cot the same; and to that end
shall have power to remove obstructions there |
In or thereto, and to make such alterations or
suusndmsnts thereof, (whether now or here
after constructed,) and to make such feeders,
dykes, reservoirs, locks, and other works, de-
vices 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 public works under his special charge,
subject, however, to the control of the board;
but he shall not undertake the construction
of any new work whose cost would exceed two
thousand dollars, without the previous direc-
tion Of the board. That to enable them to
exercise the powers aforesaid, it shall te law
ful for the board, and each member thereof,
within its proper division, to purchase in the
name and on behalf of the state such real or
personal property, rights or privileges, as may
said; 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 1t 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 possession
Of and use, upon the conditions and subject
20 the Limitations hereinafter 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 Of making any surveys or taking any
levels that it may be necessary or expedient to
make or take, in the discharge of their re-
spectiys duties.
See. 2. Private property may be appro-
priated for the respective uses specified in the
Arst section of this act, as follows: when the
public use of the property would render it
substantially valueless to the owner, all estates
therein, or rights thereto, may be appropriat-
Cd, and upon the proper proceedings being had
a hereinafter provided, shall vest in the
state. When the public use of the property
will be temporary, or at intervals only, or
whom for any other reason it may be unneces
assy or inexpedient to appropriate the fee
simple therein, or absolute right thereto, an
easement, or right, commensurate with the
use to be made thereof, may be appropriated;
SRood and sufficient title to which easement.
Srright, upon the proper proceedings being
had as hereinafter provided, shall vest in the
state. When breach, other injury or OBJ
struction, destructive of or materially impair
ing the immediate use Of any of the public
works, (by which term is meant not only the
nam works, but also all other works, struc-
tures or devices connected with or appurte-
uant thereto,) shall happen, or exist, or be in
immediate danger Of happening, or when such
brsach, injury or obstruction or danger there
Sf, shall occur In any work in process Of con-
struction, and repairs or protection shall be
Immediately necessary for the preservation or
lpstoration of the same, such cases, all and
singular, shall be deemed cases Of public ext
gsncy justifying the immediate seizure of pri-
xats property to repair or protect such works,
SPto be used permanently or temporarily, as
places of deposit Of materials for those pur.
poses, or Of matter removed in making such
repairs or protection. In all other cases pro-
vided for by this act, compensation for the
property to be appropriated shall first be made
In money, or first secured by q deposite ol
money, a hereinafter provided.
. Sec. 5. The mode of making appropria.
Sfons under this act shall be as follows: In q
case Of public exigency, as defined in the pre-
seeding section. the private property necessa
~ to repair or protect the public work may
be ssized, either absolutely or for temporary
use, by the board aforesaid, or either of theil
members, or any one Of their superintendents
agents or engineers, and the rights thereto, Of
20 such temporary use, shall Immediately ves
IN the state. In all other cases the appropri
sstion shall be made by the board, or one o
-shs members thereof. In such case of publ.
ssxigsncy, il the property be Immediately seiz
cd without FIRST paying for the same, it shall
be the duty of the board, or some one of thei
ynembers, (if the compensation to be pait
.therefor be not agreed upon with the owner,
without delay to make and officially subscrib
- many certificates, in all respects alike, a
may be necessary, containing: First: A de
Sscription Of the property SO taken, with tn
time or times when taken, and whether .takel
absolutely or for temporary use, and If tn
kttsr, the extent of the use, and the name o
names of the owner thereof. Secondly: Al
sfIsr on behalf of the state to pay therefor
specific sum Of money, being such sum as tn
board, or their member, shall deem reasonable
one of which certificates shall be delivered t
each Of the owners Of the property so taker
H resident within this state, or left at his o
Her usual place of abode therein; provided, tina
u any owner be . minor, idiot, or insane pei
son, having . guardian resident within thi
state, service of said certificate, in manne
Aforesaid, shall be made on such guardian
which shall be deemed good service upon tn
ward. But if any owner or guardian resid
without this state, or his place of residence b
unknown to the board, then notice to him Q
= them nay be given either by personal servic
& Of suoh certificate, or by publishing the sam
for four consecutive weeks in some newspape
Of general circulation in the county wherei
the property was taken. One of said certif
Gates, with proof of its having been served g
publishsd Is aforesaid, and the date of sue
service or publication, shall be fled and pr,
served in the Office of the board. If any owl
4, or, or his or her guardian as aforesaid, sha
at any time after the seizure Of his or he
property as aforesaid, and within one year a
ter the service of the certificates as aforesai,
or its last publication as aforesaid, as the cas-
o., may be, elect to take the sum of money so o
cred, or In case Of JOINT ownership or tenanC
/, In common, his or her proper proportion ther
Of, the board or the proper member theret
shall pay, or cause the same to be paid to hi
or her, and shall take therefor a receipt spec
fying on what account the same is paid: an
such payment shall discharge all claims
-- such owner against the state by reason of Il
premises. But II he or she shall be unwi
n