Ohio Revised Code Search
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Section 163.08 | Answer of owner.
...tor 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 1... |
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Section 163.09 | Valuation of property.
...agency, shall declare the value of the property taken and the damages, if any, to the residue to be as set forth in any document properly filed with the clerk of the court of common pleas by the public agency. In all other cases, the court shall fix a time, within twenty days from the last date that the answer could have been filed, for the assessment of compensation by a jury. (B)(1) When an answer is filed ... |
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Section 163.10 | Selecting jury.
...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. |
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Section 163.11 | Infant or incompetent owner.
...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. |
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Section 163.12 | View of premises - court may amend defect or informality in proceedings.
...y 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 sec... |
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Section 163.13 | View of premises.
...ned 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. |
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Section 163.14 | Determination of ownership rights.
...ductions 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 stru... |
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Section 163.16 | Court costs.
...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 ref... |
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Section 163.17 | Interest.
...r 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 th... |
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Section 163.18 | Notice to owners of award - motion for distribution.
...spective interests of the owners in the property and may make distribution of the deposit or award accordingly. |
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Section 163.19 | Appeal.
...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. |
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Section 163.20 | Appropriation to perfect title.
...22, inclusive, of the Revised Code, any property in which an interest has been appropriated, in order to perfect title in itself. |
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Section 163.21 | Abandonment of proceedings.
...A)(1) If it has not taken possession of property that is appropriated, an agency may abandon appropriation proceedings under sections 163.01 to 163.22 of the Revised Code at any time after the proceedings are commenced but not later than ninety days after the final determination of the cause. (2) In all cases of abandonment as described in division (A)(1) of this section, the court shall enter a judgment against... |
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Section 163.211 | Repurchase of unused property by owner.
...agency decides not to use appropriated property for the purpose stated in the appropriation petition, the prior owner from whom the property was appropriated may repurchase the property for its fair market value as determined by an independent appraisal made by an appraiser chosen by agreement of the parties or, if the parties cannot agree, an appraiser chosen by the court. The right of repurchase shall be ext... |
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Section 163.22 | Rules of procedure.
...All proceedings brought under sections 163.01 to 163.22 of the Revised Code shall be governed by the law applicable in civil actions and the Rules of Civil Procedure, including, but not limited to, the rules governing discovery, except as otherwise provided in those sections. The proceedings shall be advanced as a matter of immediate public interest and concern and shall be heard by the court at the earliest pract... |
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Section 163.31 | Removal of advertising device definitions.
...n the same manner as it would for other property acquired pursuant to this chapter. (D) "Maintain" means to preserve, keep in repair, continue, allow to exist, or restore if destroyed by an act of God or vandalism. (E) "Public agency" has the same meaning as in section 163.01 of the Revised Code. (F) "Visible" means capable of being seen, whether or not legible, without visual aid by a person of normal acuity. |
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Section 163.32 | Removing advertising device is compensable.
...d of the right of the owner of the real property on which the advertising device is located to erect and maintain the advertising device on it. If the public agency and any such owner of a compensable right, title, or interest do not reach agreement as to the amount of just compensation to be paid for the right, title, or interest, the public agency shall institute an action to appropriate it in accordance with this ... |
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Section 163.33 | Paying compensation prior to removal.
...tising device and the owner of the real property upon which the advertising device is located shall be paid just compensation. (B) Sections 163.31 to 163.33 of the Revised Code do not apply to any action taken pursuant to Chapter 5516. of the Revised Code. |
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Section 163.51 | Displaced person definitions.
...person" means any person who moves from real property, or moves his personal property from real property, as a direct result of a written notice of intent to acquire or the acquisition of such real property, in whole or in part, under a program or project undertaken by a state agency with federal financial assistance or with the rights and powers granted to a community urban redevelopment corporation by the provision... |
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Section 163.52 | Validity of property acquisition.
...de does not affect the validity of any property acquisition by purchase or condemnation. (B) Nothing in sections 163.51 to 163.62 of the Revised Code shall be construed as creating, in any condemnation proceeding brought under the power of eminent domain, any element of value or damage not in existence immediately prior to June 11, 1971. |
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Section 163.53 | Application for payment to displaced person.
...t to any displaced person, upon proper application as approved by such agency head, for all of the following: (1) Actual reasonable expenses in moving the person, the person's family, business, farm operation, or other personal property; (2) Actual direct losses of tangible personal property as a result of moving or discontinuing a business or farm operation, but not to exceed an amount equal to the reasonab... |
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Section 163.54 | Additional payments to displaced person displaced from dwelling owned 90 days or more.
...negotiations for the acquisition of the property. Such additional payment shall include the following elements: (1) The amount, if any, which when added to the acquisition cost of the dwelling acquired by the displacing agency, equals the reasonable cost of a comparable replacement dwelling. (2) The amount, if any, which will compensate the displaced person for any increased interest costs and other debt servi... |
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Section 163.55 | Additional payments to displaced person displaced from dwelling owned 90 days or more.
...(A) In addition to amounts otherwise authorized by sections 163.51 to 163.62 of the Revised Code, the head of a displacing agency shall make a payment to or for any displaced person displaced from any dwelling not eligible to receive a payment under section 163.54 of the Revised Code which dwelling was actually and lawfully occupied by such displaced person for not less than ninety days prior to the initiation ... |
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Section 163.56 | Resolving problems associated with displacement.
...ng property immediately adjacent to the real property acquired is caused substantial economic injury because of the acquisition, he may offer that person relocation advisory services under the program. (B) Each relocation assistance advisory program required by division (A) of this section shall include such measures, facilities, or services as may be necessary or appropriate in order to do all of the following: (1... |
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Section 163.57 | Replacement housing.
...(A) If a project cannot proceed to actual construction because comparable replacement sale or rental housing is not available, and the head of the displacing agency determines that such housing cannot otherwise be made available, he may take such action as is necessary or appropriate to provide such housing by use of funds authorized for such project. The head of the displacing agency may use this section to exceed ... |