The Ashland union. [volume] (Ashland, Ashland County, Ohio) 1854-1868, 1859-07-27
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promises. But if he or she shall Be unwilling
to accept said offer of compensation, he or she
may, within the year aforesaid, notify the
board, or the proper member thereof, %(namely,
the member having special charge of the divis-
ion where the property was taken,O of such
unwiIingness, and u h board, or said mem
Der, and the owner cannot agree upon the COM
pensation to be paid, the owner may at any
time afterwards, within said year, BILE IN the
probate court of the county wherein the prop
erty taken was situate when taken or, if it was
a tract of land situate partly in one and partly
in another county or counties, then in the pro-
bate court of either of said counties, one of
said certificates. or a copy thereof. which copy
shall be furnished to him or her by the board,
or proper member thereof, if demanded,) and
require the Judge of said probate court to en-
panel n Jury and to issue a Yenier fes them in
the manner hereinafter provided in section
four; which venire shall be served and return
ed as provided in said last named section
Before such veEier shall be issued, the owner
shall notify the board, or proper member
thereof, whenit will be issued. Upon such
venire being issued, the same proceedings
shall be had, so far as the same may be appll-
cable and practicable, in respect to the filing
of vacancies, the qualifying of the jurors, the
power to administer oaths or afirmations, the
making and return of awards, conduct of trials,
return on verdicts, exceptions or petitions In
error. and all other matters, as are hereinafter
provided in respect to cases not of public
exigeney. In cases other than those of public
exigency as aforesaid, the proceedings shall
be as follows: the board, or some member thereof,
shall make and officially subscribe as many GER
tiGeates, in all respects alike, as may be neces-
sary, stating: First. The intention OF the
state to appropriate the property, use, or lease
ment. describing it as fully and accurately as
would be necessary in a conveyance, and also
stating the name of the owner or owners there
of. Secondly The specific sum of money
that the state is willing to pay Therefor, which
shall be such a sum as the board, or the MEM
Der having special charge of the. work for
which the appropriation is to be made, shall
deem reasonable. Thirdly. That if the owner
or owners do not, within a time to be specified
in the certificate, (Which time such board or
member may fix, allowing a reasonable period
after service or publication of the certificate,
as hereinafter provided,) accept said sum as
full compensation for such property, use, or
easement, then, after a specified day the state
will case the property intended to be appro-
priated, or in, to or over which an use or ease
ment is intended to be appropriated, to be con-
.demncd to the state. and the value of such
property; use, or easement to be assessed pur-
suant to law. One of said certificates shall be
OellVeT6Q 10 cacn OF GQ6 OW0eTS VI the proper
ty intended toUbe appropriated, or in, TO, or
over which an use, rseasementi is intended to
be appropriated, his or her guardian, or publ
cation thereof made, in the same manner and
under the same circumstance hereinbefore pro
vided, in respect to the certificates first herein
mentioned. Another of said certificates shall
be fled and preserved in the Office of the board,
with proof of the service or publication there
of. showing the date or dates of such service
or publication; and if the appropriation be of
leh property, or of an easement in or upon
such property, and be finally made, it shall be
the duty of some member of the board to en-
dorse upon another of said certificates the words
appropriation made with the date when the
appropriation was perfected, aud to officially
subscribe such endorsement and cause such
certificate and endorsement to be recorded in
the recorders Office of the county-in which the
property Is situate IF any owner, his or her
guardian, as aforesaid, shall, at any time before
the appropriation mentioned in said certificate
shall be made, elect to take the compensation
specified in said certificate, or, in case of joint
ownership or tenancy IN common, his or her
proper proportion thereof, shall cause the
same to be paid TO him or her, or his or her
GUARDIAN, and shall take the receipt of such
owner or guardian therefor, and npon such
payment all the title or right of such owner in
or to the property, ipsed, or easement appropri-
ated, snail vest in the state ; provided, howev-
er, that. in ease of joint ownership or tenancy
in common, when some of the owners or ten
ants elect, and others do not elect to take
the compensation offered as aforesaid, pay
meRt to those electing to take may, in
the discretion of the board or the proper
member thereof, be withheld until the pro-
to the joint owner or tenant electing to take
the offer of the state as aforesaid, would be too
raof 70 1nSfIfu tho intanAod annrODriotI0n II |
shall be lawful for the board, or such member,
to pay the costs of said proceedings and refuse
to make the appropriation in which event
said costs shall be so paid, and nothing more.
And provided, further, that if any owner, his
or her guardian, ~electing to take the compcn-
satien offered by the state as aforesaid, shall
iii 10 mike that election until after proceed
inss for an assessment shall be commenced as
hereinafter provided, he or she shall, before
such compensation. if required by
the board or proper member thereof, pay the
costs of sussi proceedings, or if the proceed
Ings be against others as well as himself or
herself, his or her proper proportion of said
costs, or he or she may elect to let the state
pay the same and deduct it from said compen-
sation.
Sec. 4. If any owner or owners, notified as
provided in the next preceding section, shall
within the time specified for hat purpose
n the certificate mentioned in said section,
tothe board, or some member thereof
MS, her, or their acceptance of the compensa-
ion offered by said certificate to him, her, or
hem, it shall be lawful for the board, or any
member thereof, at any time after the expira-
ion of the time named in said certificate for
Iuch owner or owners to accept the offer of the
BOARD, to file one of said certificates, with proof
If the service or publication thereof, in the
probate court of the county wherein in the
property intended to be appropriated is situate,
VI, if the property be a tract of real estate,
situate partly in one and partly in another
county or counties, then in the probate court of
.ither of said counties; and thereupon, it shall
re the duty of the probate judge forthwith
o notify the clerk of the court of com
non pleas and sheriff of the county of the
Hing Of such certificate; and the said clerk and
heriff shall, within one day after receiving
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