reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 1 | State Government › Chapter 157 | Ohio Co-Ordinate System › Section 157.07 | Maximum Positional Error in Land Descriptions.

Effective:
October 1, 1985
Latest Legislation:
House Bill 134 - 116th General Assembly
Co-ordinates based on either Ohio co-ordinate system and used to describe and locate positions of land boundary corners shall be surveyed and determined within a maximum positional error of plus or minus 0.05 metres, except that it may be less than 0.05 metres if local land survey standards of practice for positional errors so dictate, with respect to the nearest horizontal control station established in conformity with the standards of accuracy and specifications for first and second-order geodetic surveying as prepared and published by the federal geodetic control committee of the United States department of commerce. The standards and specifications issued by the federal geodetic control committee in force on the date of such survey shall apply. The publication by the United States department of commerce of existing control stations or the acceptance by the department of newly established control stations with intent to publish them shall constitute evidence of adherence to federal geodetic control committee specifications. These limitations may be modified by a duly authorized state agency to comply with local conditions.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 157 | Ohio Co-Ordinate System › Section 157.08 | Execution of Control Densification and Monumentation.

Effective:
October 1, 1985
Latest Legislation:
House Bill 134 - 116th General Assembly
Extension of co-ordinate control by qualified surveyors for local co-ordinate control densification shall be executed in conformity with standards of accuracy and specifications for first or second-order geodetic surveys as prepared and published by the federal geodetic control committee of the United States department of commerce pursuant to section 157.07 of the Revised Code. Control monumentation for analysis of land boundaries, construction control, engineering design and planning, and photogrammetric survey control for such purposes shall be executed in conformity with the standards of accuracy and specifications for first, second, or third-order geodetic surveys as prepared and published by the federal geodetic control committee in force on the date of such survey.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 157 | Ohio Co-Ordinate System › Section 157.09 | Acceptable Measurement Evidence for Land and Other Surveys.

Effective:
October 1, 1985
Latest Legislation:
House Bill 134 - 116th General Assembly
Distances, bearings, and areas computed indirectly from co-ordinates shall be considered acceptable measurement evidence for land and other surveys if such co-ordinates have been determined in accordance with sections 157.04, 157.07, and 157.08 of the Revised Code.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 157 | Ohio Co-Ordinate System › Section 157.10 | Ohio Co-Ordinate System of 1927.

Effective:
October 1, 1985
Latest Legislation:
House Bill 134 - 116th General Assembly
Use of the terms "Ohio co-ordinate system of 1927, north zone," or "Ohio co-ordinate system of 1927, south zone," on any map, report of survey or other document shall be limited to co-ordinates based on the "Ohio co-ordinate system of 1927" as defined in this chapter.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 157 | Ohio Co-Ordinate System › Section 157.11 | Ohio Co-Ordinate System of 1983.

Effective:
October 1, 1985
Latest Legislation:
House Bill 134 - 116th General Assembly
In accordance with sections 157.01 to 157.10 of the Revised Code, the Ohio co-ordinate system of 1927 shall not be used after 1999 and the Ohio co-ordinate system of 1983 shall be used after that date. Nothing in sections 157.01 to 157.10 of the Revised Code shall be construed to require that land descriptions using the Ohio co-ordinate system of 1927 and recorded before January 1, 2000, be conformed to the Ohio co-ordinate system of 1983.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 159 | Purchase and Jurisdiction of Land by United States › Section 159.01 | Acquisition of Title to Land by United States.

Effective:
January 1, 1966
Latest Legislation:
Senate Bill 94 - 106th General Assembly
Whenever it is necessary for the United States to acquire title to a tract of land in this state for any purpose, and the state gives its consent to such acquisition, the United States may acquire such land by appropriation; and for such purpose sections 163.01 to 163.22, inclusive, of the Revised Code, are hereby made applicable, and said United States, in appropriating such property, shall, in all respects, be governed by the acts referred to in this section, and such other acts supplemental thereto and amendatory thereof as may be in force when such proceedings take place; provided that the United States may pay the costs, including such reasonable attorney fees as are allowed by the court, to the person whose property is sought to be appropriated, and refuse to make the appropriation, if in their judgment the compensation assessed is too great to justify the appropriation.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 159 | Purchase and Jurisdiction of Land by United States › Section 159.02 | Vacation of Streets and Alleys - Rights of Parties Interested.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
In case there is any street or alley not exceeding twenty-five feet in width, running through any block or tract of land purchased or acquired by the United States under section 159.01 of the Revised Code, all that portion of such street or alley within such block or tract of land shall, upon the acquisition of the same by the United States, be vacated and closed, and the lots or tracts of land abutting upon any such street or alley shall extend to the center line thereof, and vest in the United States, and become the property thereof, with full right, power, and authority to use, occupy, and enjoy the same as its own property in fee, to the same extent as if the same had never been used or occupied as a street or alley. Any person owning or having an equitable interest in any land abutting upon any such alley, but not situate upon, nor separated by a public street from the portion thereof sought to be vacated and closed, shall have a right in any proceedings for such appropriations to set up any claim for damages that would be occasioned to such land by such vacation and closure, and have a finding and judgment thereon, as to the same, as in other cases.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 159 | Purchase and Jurisdiction of Land by United States › Section 159.03 | Consent of State Given to Acquisition by United States of Land Required for Government Purposes.

Effective:
August 3, 1999
Latest Legislation:
Senate Bill 89 - 123rd General Assembly
The consent of the state is given, in accordance with clause 17, Section 8, Article I, United States Constitution, to the acquisition, after May 6, 1902, by the United States, by purchase, condemnation, lease, or otherwises, of any land in this state required for sites for custom houses, courthouses, correctional institutions, post-offices, arsenals, or other public buildings whatever, or for any other purposes of the government.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 159 | Purchase and Jurisdiction of Land by United States › Section 159.04 | Exclusive or Concurrent Jurisdiction Over Land Acquired by United States - Retrocession.

Effective:
August 3, 1999
Latest Legislation:
Senate Bill 89 - 123rd General Assembly
(A) Exclusive or concurrent jurisdiction in and over any land acquired by the United States under section 159.03 of the Revised Code is hereby ceded to the United States. The jurisdiction so ceded shall continue no longer than the said United States owns or holds legal interest in such lands.
(B) The governor may accept, on behalf of the state, retrocession of full or partial jurisdiction over any roads, highways, or other lands in federal enclaves where the appropriate federal authority offers the retrocession. The governor shall deliver the documents executed by the federal authority and the governor concurring in the retrocession, for recording, to the office of the recorder of the county in which the lands are located.
(C) The granting of exclusive or concurrent jurisdiction to the United States pursuant to division (A) of this section shall take effect only upon the granting of either form of jurisdiction by the governor to the United States and the acceptance of either form of jurisdiction by the United States.
(D) Nothing in this section is intended to modify, revoke, or in any way affect any prior grant of jurisdiction by the state to the United States that was made prior to the effective date of this amendment.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 159 | Purchase and Jurisdiction of Land by United States › Section 159.05 | Jurisdiction Shall Vest.

Effective:
March 14, 1980
Latest Legislation:
House Bill 335 - 113th General Assembly
The jurisdiction ceded under section 159.04 of the Revised Code shall not vest until the United States has acquired title to the lands by purchase, condemnation, or otherwise. As long as the lands whose acquisition is consented to by section 159.03 of the Revised Code remain the property of the United States they are exempt and exonerated from all state, county, and municipal taxation, assessment, or other charges which may be levied or imposed under the authority of this state. Sections 159.03 to 159.06 of the Revised Code do not prevent any officers, employees, or inmates of any national asylum for disabled volunteer soldiers located on any such land over which jurisdiction is ceded, who are qualified voters of this state from exercising the right of suffrage at all township, county, and state elections in any township in which such national asylum is located.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 159 | Purchase and Jurisdiction of Land by United States › Section 159.06 | Law Not Retroactive.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Sections 159.03 to 159.05, inclusive, of the Revised Code shall not be retroactive or apply to any land acquired by the United States prior to May 6, 1902.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 159 | Purchase and Jurisdiction of Land by United States › Section 159.11 | Right of Entry by u.s. Surveyors.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
A person employed in the execution of any survey authorized by congress, without doing unnecessary injury thereby, may enter upon lands within this state for the purpose of exploring, triangulating, leveling, surveying, and doing any work necessary to carry out the objects of existing laws, and may establish permanent stations and marks, and erect the necessary signals and temporary observatories.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 159 | Purchase and Jurisdiction of Land by United States › Section 159.12 | Damages Caused by Survey.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
If the parties interested cannot agree upon the amount to be paid for damages caused by the survey mentioned in section 159.11 of the Revised Code, either party may petition the probate court of the county in which the land is situated. Such court shall appoint a time, as early as possible, for a hearing, and order that at least fourteen days' notice be given to all parties interested. With or without a view of the premises, as the court determines, it shall hear the parties and their witnesses, and assess damages.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 159 | Purchase and Jurisdiction of Land by United States › Section 159.13 | Tender of Damages.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Persons entering upon land as provided in section 159.11 of the Revised Code, may tender damages to the injured parties for such entry, and if, in the case of an application to the probate court, the damages finally assessed do not exceed the amount tendered, the person so entering shall recover costs, otherwise the prevailing party shall recover costs.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 159 | Purchase and Jurisdiction of Land by United States › Section 159.14 | Fees and Costs for Services.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
For services and proceedings under sections 159.11 to 159.13, inclusive, of the Revised Code, fees and costs shall be allowed as in other cases.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 161 | Emergency Interim Government › Section 161.01 | Emergency Interim Government Definitions.

Effective:
September 30, 1963
Latest Legislation:
Senate Bill 199 - 105th General Assembly
As used in sections 161.01 to 161.29, inclusive, of the Revised Code, and unless otherwise clearly required by the context:
(A) "Unavailable" means either that a vacancy in office exists and there is no deputy authorized to exercise all of the powers and discharge the duties of the office, or that the lawful incumbent of the office, including any deputy exercising the powers and discharging the duties of an office because of a vacancy, and his duly authorized deputy are absent or unable to exercise the powers and discharge the duties of the office.
(B) "Emergency interim successor" means a person designated, in the event the officer and his deputies are unavailable, to exercise the powers and discharge the duties of an office until a successor is appointed or elected and qualified as may be provided by the constitution, statutes, charters, and ordinances or until the lawful incumbent or a deputy is able to resume the exercise of the powers and discharge the duties of the office.
(C) "Office" includes all state and local offices, the powers and duties of which are defined by the constitution, statutes, charters, and ordinances.
(D) "Attack" means any attack or series of attacks by an enemy of the United States causing, or which may cause, substantial damage or injury to civilian property or persons in the state in any manner by sabotage or by the use of bombs, missiles, shellfire, or atomic, radiological, chemical, bacteriological, or biological means or other weapons or processes.
(E) "Political subdivision" includes counties, cities, villages, townships, districts, and other public corporations and entities whether organized and existing under charter or general law.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 161 | Emergency Interim Government › Section 161.02 | Provisions Effective During Attack.

Effective:
September 30, 1963
Latest Legislation:
Senate Bill 199 - 105th General Assembly
Sections 161.01 to 161.29, inclusive, of the Revised Code shall be in effect only in the event that an attack upon the United States, as defined in section 161.01 of the Revised Code, has occurred, and shall remain in effect until terminated by joint resolution of the general assembly.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 161 | Emergency Interim Government › Section 161.03 | Succession to the Governorship.

Effective:
January 8, 1979
Latest Legislation:
Senate Bill 115 - 112th General Assembly
In the event that the governor, for any of the reasons specified in the constitution, is not able to exercise the powers and discharge the duties of his office , or is unavailable, and in the event the lieutenant governor, president of the senate, and the speaker of the house of representatives are for any of the reasons specified in the constitution not able to exercise the powers and discharge the duties of the office of governor, or are unavailable, the secretary of state, treasurer of state, auditor of state, and attorney general shall, in the order named, if the preceding named officers be unavailable, exercise the powers and discharge the duties of the office of governor until a new governor is elected and qualified, or until a preceding named officer becomes available; provided, that no emergency interim successor to the aforementioned offices may serve as governor.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 161 | Emergency Interim Government › Section 161.04 | Designating Interim Successors.

Effective:
September 30, 1963
Latest Legislation:
Senate Bill 199 - 105th General Assembly
All state officers, subject to such regulations as may be issued by the governor, or other official authorized under the constitution and sections 161.01 to 161.29, inclusive, of the Revised Code, to exercise the powers and discharge the duties of the office of governor, shall, in addition to any deputies authorized pursuant to law to exercise all of the powers and discharge the duties of the offices, designate by title emergency interim successors and specify their order of succession. The officers shall review and revise, as necessary, designations made pursuant to sections 161.01 to 161.29, inclusive, of the Revised Code, to insure their current status. In the event that any state officer is unavailable following an attack, and in the event his deputy, if any, is also unavailable the said powers of his office shall be exercised and said duties of his office shall be discharged by his designated emergency interim successors in the order specified. Such emergency interim successors shall exercise said powers and discharge said duties only until such time as the governor under the constitution or authority other than Chapter 161. of the Revised Code, or other official authorized under the constitution or otherwise by law to exercise the powers and discharge the duties of the office of governor, may, where a vacancy exists, appoint a successor to fill the vacancy or until a successor is otherwise appointed, or elected and qualified as provided by law; or an officer, or his deputy or a preceding named emergency interim successor, becomes available to exercise or resume the exercise of the powers and discharge the duties of his office.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 161 | Emergency Interim Government › Section 161.05 | Succession in Political Subdivisions.

Effective:
September 30, 1963
Latest Legislation:
Senate Bill 199 - 105th General Assembly
With respect to local offices for which the legislative bodies or boards of cities, villages, townships, and counties may adopt or enact resolutions or ordinances relative to the manner in which vacancies will be filled or temporary appointments to office made, such legislative bodies or boards are hereby authorized to adopt or enact resolutions or ordinances providing for emergency interim successors to offices of the aforementioned governmental units. Such resolutions and ordinances shall not be inconsistent with sections 161.01 to 161.29, inclusive, of the Revised Code.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 161 | Emergency Interim Government › Section 161.06 | Interim Successors by Officers of Political Subdivisions.

Effective:
September 30, 1963
Latest Legislation:
Senate Bill 199 - 105th General Assembly
This section shall be applicable to officers of political subdivisions including, but not limited to, cities, villages, townships, and counties, as well as school, conservancy, and other districts, not included in section 161.01 of the Revised Code. Such officers, subject to such regulations as the executive head of the political subdivision may issue, shall designate by title or by named person, emergency interim successors and specify their order of succession. The officer shall review and revise, as necessary, designations made pursuant to sections 161.01 to 161.29, inclusive, of the Revised Code, to insure their current status. In the event that any officer of any political subdivision, or his deputy provided for pursuant to law, is unavailable, the powers of the office shall be exercised and duties shall be discharged by his designated emergency interim successors in the order specified. The emergency interim successor shall exercise the powers and discharge the duties of the office to which designated until such time as a vacancy which may exist is filled in accordance with the constitution or statutes; or until the officer or his deputy, or a preceding emergency interim successor, again becomes available to exercise the powers and discharge the duties of his office.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 161 | Emergency Interim Government › Section 161.07 | Powers of Emergency Interim Successors.

Effective:
September 30, 1963
Latest Legislation:
Senate Bill 199 - 105th General Assembly
At the time of their designation, emergency interim successors shall take such oath as may be required for them to exercise the powers and discharge the duties of the office to which they may succeed. Notwithstanding any other provision of law, no person, as a prerequisite to the exercise of the powers or discharge of the duties of an office to which he succeeds, shall be required to comply with any other provision of law relative to taking office.
Until such time as the persons designated as emergency interim successors are authorized to exercise the powers and discharge the duties of an office in accordance with this section, such persons shall serve in their designated capacities at the pleasure of the designating authority and may be removed or replaced by said designating authority at any time, with or without cause.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 161 | Emergency Interim Government › Section 161.08 | Limiting Successions.

Effective:
September 30, 1963
Latest Legislation:
Senate Bill 199 - 105th General Assembly
The authority of emergency interim successors to succeed to the powers and duties of the offices to which they are designated shall expire two years following the inception of an attack, but nothing in sections 161.01 to 161.29, inclusive, of the Revised Code, shall prevent the resumption of the filling of vacancies in accordance with applicable constitutional and statutory provisions.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 161 | Emergency Interim Government › Section 161.09 | Postponing Elections.

Effective:
September 30, 1963
Latest Legislation:
Senate Bill 199 - 105th General Assembly
In the event of an emergency resulting from enemy attack, the governor, his successor, or interim successor, shall, when in his judgment the public interest requires, postpone any state or local election for a period not exceeding six months. When, because of conditions resulting from an enemy attack, a scheduled election is not held or scheduled appointments cannot be made, the elected or appointed incumbents of affected offices, or their emergency interim successors, shall continue to hold office until their successors are elected or appointed and duly qualified.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 161 | Emergency Interim Government › Section 161.10 | Governor to Adjudicate Disputes.

Effective:
September 30, 1963
Latest Legislation:
Senate Bill 199 - 105th General Assembly
Any dispute concerning a question of fact arising under sections 161.01 to 161.29, inclusive, of the Revised Code, with respect to an office in the executive branch of the state government, except a dispute of fact relative to the office of governor, shall be adjudicated by the governor, or other official authorized under the constitution, or otherwise by law, to exercise the powers and discharge the duties of the office of governor, and his decision shall be final.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 161 | Emergency Interim Government › Section 161.29 | Compensating Interim Successors.

Effective:
September 30, 1963
Latest Legislation:
Senate Bill 199 - 105th General Assembly
When an emergency interim successor lawfully exercises the powers and performs the duties of any public office, he shall receive the compensation and allowances provided by law for the incumbent.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 163 | Appropriation of Property › Section 163.02 | Appropriations of Real Property.

Effective:
October 10, 2007
Latest Legislation:
Senate Bill 7 - 127th General Assembly
(A) All appropriations of real property shall be made pursuant to sections 163.01 to 163.22 of the Revised Code, except as otherwise provided in this section, as otherwise provided to abate a health nuisance or because of a public exigency as provided in division (B) of section 307.08, 6101.181, 6115.221, 6117.39, or 6119.11 or division (D) of section 504.19 of the Revised Code, or as otherwise provided to abate a health nuisance or because of a public exigency as provided in a municipal charter or ordinance.
(B) The director of transportation may appropriate real property pursuant to sections 163.01 to 163.22 of the Revised Code or as otherwise provided by law.
(C) Notwithstanding any authority to appropriate real property other than under sections 163.01 to 163.22 of the Revised Code, any proceeding to appropriate real property is subject to division (B) of section 163.21 of the Revised Code.
(D) Any instrument by which an agency acquires real property pursuant to this section shall include all of the following:
(1) The name of the agency that has the use and benefit of the real property in the manner required by section 5301.012 of the Revised Code;
(2) A statement of the purpose of the appropriation as provided with the appropriation petition;
(3) A statement that the prior owner possesses a right of repurchase pursuant to section 163.211 of the Revised Code if the agency decides not to use the property for the purpose stated in the appropriation petition and the owner provides timely notice of a desire to repurchase. Nothing in this section affects the authority of the director of transportation to convey unneeded property pursuant to division (F) of section 5501.34 of the Revised Code.
(E) Nothing in this chapter precludes any person from voluntarily conveying a property to an agency that is considering appropriating the property or that offers to purchase the property under threat of appropriation. Any such voluntary conveyance of a property to an agency is deemed for all purposes to be a sale under the threat of appropriation for a public use. This division applies to a voluntary conveyance to an agency regardless of whether the property is a blighted property or is located in a blighted area, or the property subsequently could be found for any reason not to qualify for appropriation by the agency.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 163 | Appropriation of Property › Section 163.021 | Taking Necessary for Public Use - Blight - Veto.

Effective:
October 10, 2007
Latest Legislation:
Senate Bill 7 - 127th General Assembly
(A) No agency shall appropriate real property except as necessary and for a public use. In any appropriation, the taking agency shall show by a preponderance of the evidence that the taking is necessary and for a public use.
(B) Before an agency appropriates property based on a finding that the area is a blighted area or a slum, the agency shall do both of the following:
(1) Adopt a comprehensive development plan that describes the public need for the property. The plan shall include at least one study documenting the public need. All of the costs of developing the plan shall be publicly financed.
(2) If the agency is governed by a legislative body, obtain a resolution from that legislative body affirming the public need for the property.
(C) No park board, park district, board of directors of a conservancy district, incorporated association with a purpose of establishing or preserving public parks and memorial sites, or similar park authority shall exercise any power of eminent domain to appropriate real property outside the county or counties in which the park authority is located unless the appropriation has the written approval of the legislative authority of each county in which the property is located, other than the county or counties in which the park authority is located.
(D) No agency shall appropriate property based on a finding that the parcel is a blighted parcel or that the area is a blighted area or slum by making that finding in, or in conjunction with, an emergency ordinance or resolution.
(E) If an appropriation is by a public agency that is not elected and an owner has provided the public agency with a written objection to the appropriation, the elected officials of the public agency or elected individual that appointed the unelected agency may veto that appropriation. If the unelected public agency was appointed by more than one public agency or elected individual, a majority vote of the elected officials of the appointing public agencies or elected individuals is required to veto the appropriation. If the public agency that is not elected is a state agency or instrumentality such as a university, the governor has the veto authority. The governor may delegate that authority but may not delegate that authority to the unelected agency that seeks the appropriation.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 163 | Appropriation of Property › Section 163.03 | Right of Entry.

Effective:
January 1, 1966
Latest Legislation:
Senate Bill 94 - 106th General Assembly
Any agency may, upon the notice prescribed in this section, prior to or subsequent to the filing of a petition pursuant to section 163.05 of the Revised Code, enter upon any lands, waters, and premises for the purpose of making such surveys, soundings, drillings, appraisals, and examinations as are necessary or proper for the purpose of the agency under sections 163.01 to 163.22, inclusive, of the Revised Code, and such entry shall not constitute a trespass. Notice of such proposed entry shall be given to the owner or the person in possession by such means as are reasonably available not less than forty-eight hours nor more than thirty days prior to the date of such entry.
The agency shall make restitution or reimbursement for any actual damage resulting to such lands, waters, and premises and to improvements or personal property located in, on, along, over, or under such lands, waters, and premises, as a result of such activities. If the parties are unable to agree upon restitution or other settlement, damages are recoverable by civil action to which the state or agency hereby consents.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 163 | Appropriation of Property › Section 163.05 | Petition for Appropriation.

Effective:
October 10, 2007
Latest Legislation:
Senate Bill 7 - 127th General Assembly
An agency that has met the requirements of sections 163.04 and 163.041 of the Revised Code, may commence proceedings in a proper court by filing a petition for appropriation of each parcel or contiguous parcels in a single common ownership, or interest or right therein. The petition of a private agency shall be verified as in a civil action. All petitions shall contain:
(A) A description of each parcel of land or interest or right therein sought to be appropriated, such as will permit ready identification of the land involved;
(B)(1) A statement that the appropriation is necessary, for a public use, and, in the case of a public agency, a copy of the resolution of the public agency to appropriate;
(2) If the property being appropriated is a blighted parcel that is being appropriated pursuant to a redevelopment plan, a statement that shows the basis for the finding of blight and that supports that the parcel is part of a blighted area pursuant to the definition in section 1.08 of the Revised Code.
(C) A statement of the purpose of the appropriation;
(D) A statement of the estate or interest sought to be appropriated;
(E) The names and addresses of the owners, so far as they can be ascertained;
(F) A statement showing requirements of section 163.04 of the Revised Code have been met;
(G) A prayer for the appropriation.
In the event of an appropriation where the agency would require less than the whole of any parcel containing a residence structure and the required portion would remove a garage and sufficient land that a replacement garage could not be lawfully or practically attached, the appropriation shall be for the whole parcel and all structures unless, at the discretion of the owner, the owner waives this requirement, in which case the agency shall appropriate only the portion that the agency requires as well as the entirety of any structure that is in whole or in part on the required portion.
In the event of the appropriation of less than the fee of any parcel or of a fee in less than the whole of any parcel of property, the agency shall either make available to the owner or shall file in the office of the county engineer, a description of the nature of the improvement or use which requires the appropriation, including any specifications, elevations, and grade changes already determined at the time of the filing of the petition, in sufficient detail to permit a determination of the nature, extent, and effect of the taking and improvement. A set of highway construction plans shall be acceptable in providing such description for the purposes of the preceding sentence in the appropriation of land for highway purposes.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 163 | Appropriation of Property › Section 163.051 | Submission of Property Value to Nonbinding Mediation.

Effective:
October 10, 2007
Latest Legislation:
Senate Bill 7 - 127th General Assembly
Either an owner of property or an agency may request that the issue of the value of the property be submitted to nonbinding mediation. Any request for mediation shall be made in writing within ten business days after the owner files an answer pursuant to section 163.08 of the Revised Code. The court shall appoint a mediator, and the mediation shall be conducted and concluded within fifty days after the owner filed an answer. Only a judge may extend the time for concluding the mediation, and the judge may do so only for the reason of an inability to obtain an appraisal. The agency shall pay the cost of mediation.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 163 | Appropriation of Property › Section 163.07 | Notice of Filing Petition to Owners.

Effective:
January 1, 1966
Latest Legislation:
Senate Bill 94 - 106th General Assembly
When the residence of the owners is known and is within this state, notice of the filing of a petition as provided in section 163.05 of the Revised Code shall be given to all such owners by serving a summons and a copy of such petition in the manner of service of summons in civil actions. When the residence of the owners is unknown, and as to all who cannot be served within the state, notice shall be given by publishing the substance of the petition, and a statement of the date of the filing thereof and of the date on and after which the matter may be heard, once a week for two consecutive weeks, in a newspaper of general circulation in the county, or shall be given by registered mail. When service is made by publication, section 2703.16 of the Revised Code shall be complied with.
Unless a person acquiring any interest in any property described in an appropriation petition after the filing thereof moves to be made an additional party defendant prior to the date that the case is set for the jury trial on compensation or to any journalization of a settlement entry, he shall be bound by the final judgment, without right of appeal except as to distribution, and shall receive such compensation as was awarded to his predecessor in interest to the extent that he has succeeded thereto.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 163 | Appropriation of Property › Section 163.08 | Answer of Owner.

Effective:
July 1, 1983
Latest Legislation:
House Bill 373 - 115th General Assembly
Any owner may file an answer to such petition. Such answer shall be verified as in a civil action and shall contain a general denial or specific denial of each material allegation not admitted. The agency's right to make the appropriation, the inability of the parties to agree, and the necessity for the appropriation shall be resolved by the court in favor of the agency unless such matters are specifically denied in the answer and the facts relied upon in support of such denial are set forth therein, provided, when taken in time of war or other public exigency, imperatively requiring its immediate seizure or for the purpose of making or repairing roads, which shall be open to the public, without charge, an answer may not deny the right to make the appropriation, the inability of the parties to agree, or the necessity for the appropriation. A petition for appropriation, filed by the director of transportation, which contains a declaration and journalization of his intent to construct a state highway or interstate highway, shall constitute a presumption that such appropriation is for the purpose of making or repairing roads which shall be open to the public without charge. At a hearing on an issue whether a taking sought by the director of transportation is for the purpose of making or repairing roads open to the public without charge, a set of construction plans made by or for the director and showing the proposed use of the property in connection with the construction or repair of such a road is presumptive evidence of such purpose, notwithstanding that no money has been appropriated for such construction or repair.
An answer shall be served in accordance with Civil Rule 12. If the agency involved in the action is a private agency, no more than one extension of the time authorized by Civil Rule 12 for serving an answer shall be granted pursuant to Civil Rule 6, and that extension shall not exceed thirty days.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 163 | Appropriation of Property › Section 163.10 | Selecting Jury.

Effective:
May 22, 2012
Latest Legislation:
House Bill 268 - 129th General Assembly
The assessment of compensation may be made at a regular or special term of court. The jury shall be selected from the jurors drawn as prescribed in Chapter 2313. of the Revised Code, and qualified as in civil actions. However, it shall be grounds for challenge for cause if a juror has served in two appropriation trials in the current term of court.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 163 | Appropriation of Property › Section 163.11 | Infant or Incompetent Owner.

Effective:
January 1, 1966
Latest Legislation:
Senate Bill 94 - 106th General Assembly
If it appears that any of the owners is an infant or otherwise incompetent, and has no guardian, a guardian ad litem shall be appointed in his behalf.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 163 | Appropriation of Property › Section 163.12 | View of Premises - Court May Amend Defect or Informality in Proceedings.

Effective:
October 10, 2007
Latest Legislation:
Senate Bill 7 - 127th General Assembly
(A) A view of the premises to be appropriated or of premises appropriated shall be ordered by the court when requested by a party to the proceedings.
(B) The property owners shall open and close the case except that, if the premises are appropriated under section 163.06, 307.08, 504.19, 6101.181, 6115.221, 6117.39, or 6119.11 of the Revised Code as the result of a public exigency, the party or parties other than the owners shall open and close the case.
(C) The court may amend any defect or informality in proceedings under sections 163.01 to 163.22 of the Revised Code. The court may cause new parties to be added and direct further notice to be given to a party in interest as the court considers proper.
(D) No part of the pleadings shall be read or exhibited to the jury.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 163 | Appropriation of Property › Section 163.13 | View of Premises.

Effective:
January 1, 1966
Latest Legislation:
Senate Bill 94 - 106th General Assembly
No delay in the proceedings shall be occasioned by doubt as to the ownership of any property, or as to the interest of the respective owners, but in such cases the court may require the retention of the deposit or award or such portion thereof as the court deems appropriate, until the rights of the respective parties have been determined.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 163 | Appropriation of Property › Section 163.14 | Determination of Ownership Rights.

Effective:
October 10, 2007
Latest Legislation:
Senate Bill 7 - 127th General Assembly
(A) In appropriation proceedings the jury shall be sworn to impartially assess the compensation and damages, if any, without deductions for general benefits as to the property of the owner.
(B) The jury, in its verdict, shall assess the compensation for the property appropriated and damages, if any, to the residue, to be paid to the owners. When a building or other structure is on the property appropriated or when a building or other structure is situated partly upon the land appropriated and partly upon adjoining land so that the structure cannot be divided upon the line between such lands without manifest injury thereto, the jury, in assessing compensation to any owner of the land, shall assess the value thereof, as part of the compensation. The title to said structure shall vest in the agency which shall have the right to enter upon the adjoining land upon which any part of the structure is located for the purpose of removing said structure therefrom, after deposit in accordance with the verdict. Such removal shall be made within ninety days after taking title to the property appropriated; provided, that the court may extend removal time upon such conditions as the court requires.
(C) The jury, in its verdict, shall assess compensation to the owner of a business conducted on the property taken for loss of goodwill if the owner proves both of the following:
(1) The loss is caused by the taking of the property;
(2) The loss cannot reasonably be prevented by relocation of the business or by taking steps and adopting procedures that a reasonably prudent person would take and adopt in preserving the goodwill.
Compensation for loss of goodwill shall not be included in payments made under section 163.53 of the Revised Code, shall not be duplicated in any compensation otherwise awarded to the owner, shall not exceed ten thousand dollars, and shall not be awarded in appropriations of less than the entirety of the business property.
(D) The verdict shall be signed by at least three-fourths of the members of the jury.
(E) If a jury is discharged without rendering a verdict, another shall be impaneled at the earliest convenient time and shall make the inquiry and assessment.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 163 | Appropriation of Property › Section 163.16 | Court Costs.

Effective:
September 10, 1987
Latest Legislation:
House Bill 57 - 117th General Assembly
The court costs, including jury fees, of any proceeding shall be paid as the court directs, except as may be provided for in cases subject to division (A)(2) or (B)(1) of section 163.21 of the Revised Code. The agency may offer to confess judgment for the amount to be stated and the court costs then made in favor of any owner who in any manner enters an appearance or upon whom service has been made. If such owner refuses to accept such offer and as a result of the trial does not receive more, he shall pay all court costs accruing after the offer.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 163 | Appropriation of Property › Section 163.17 | Interest.

Effective:
July 6, 2001
Latest Legislation:
Senate Bill 108 - 124th General Assembly
Where the agency has the right to take possession of the property before the verdict upon payment into court of a deposit, and a portion of said deposit may be withdrawn immediately by the owner, the amount of the verdict which exceeds the portion of the deposit withdrawable shall be subject to interest from the date of taking to the date of actual payment of the award.
Where the agency has no right to take possession of the property before the verdict, if the award is not paid to the owner or deposited in court within twenty-one days after journalization of the verdict, interest thereafter shall accrue, except that where the owner appeals, interest shall not accrue until the agency takes possession.
If the owner appeals and is granted a larger award, interest shall be paid on the additional amount awarded from the date of taking possession to the date of actual payment or date of deposit with immediate right of withdrawal.
If the agency wishes to appeal, it may require the deposit to remain with the court pending final disposition of the case provided it pays interest on the final award from date of taking possession to the date the money is actually paid or made available to the owner; provided, the owner may withdraw the entire award upon posting an appropriate refund bond set by the court; and provided, that where a building or other structure is taken, the court may, on application of the owner, permit the owner to withdraw a reasonable portion of the award allocable to the building without giving bond.
If the amount of any deposit actually withdrawn by the owner exceeds the final award from which no appeal is or can be taken, then the owner at the time of entry of judgment on such award shall refund at once to the court for the account of the agency the amount of such excess plus interest on such excess from the date of withdrawal of such excess until the date of such refund, and upon the failure of the owner to make such refund, the agency shall be entitled to a money judgment against the owner.
Except for cases involving the department of transportation, interest as provided for in this section shall be at the rate of interest for judgments as set forth in section 1343.03 of the Revised Code. In a case involving the appropriation of property by the department of transportation, and the department is the sole public agency seeking to appropriate property in the case, interest as provided for in this section shall be at the per annum rate of either the interest rate as defined and established in division (B) of section 5703.47 of the Revised Code, or ten per cent, whichever is less.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 163 | Appropriation of Property › Section 163.18 | Notice to Owners of Award - Motion for Distribution.

Effective:
January 1, 1966
Latest Legislation:
Senate Bill 94 - 106th General Assembly
At the time the agency makes a deposit or pays into court the jury award, the clerk of courts shall give notice by ordinary mail of such payment to the counsel of record of each owner and to the known address of owners not represented. Thereupon any owner may file with the court a motion for distribution. After reasonable notice to all parties and to any additional interested parties who become known to the court, the court shall hear evidence as to the respective interests of the owners in the property and may make distribution of the deposit or award accordingly.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 163 | Appropriation of Property › Section 163.19 | Appeal.

Effective:
October 10, 2007
Latest Legislation:
Senate Bill 7 - 127th General Assembly
Subject to sections 163.07 and 163.09 of the Revised Code, any party may prosecute appeals as in other civil actions from the judgment of the court.
The owner may request, and the court may grant, a stay on appeal, provided that the owner posts a supersedeas bond in an amount the court determines.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 163 | Appropriation of Property › Section 163.20 | Appropriation to Perfect Title.

Effective:
January 1, 1966
Latest Legislation:
Senate Bill 94 - 106th General Assembly
An agency may appropriate in accordance with sections 163.01 to 163.22, inclusive, of the Revised Code, any property in which an interest has been appropriated, in order to perfect title in itself.