Ohio Revised Code Search
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Section 163.03 | Right of entry.
...remises 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. |
Section 163.04 | Notice of intent to acquire - purchase offer - inability to agree.
...of the agency's intent to acquire the property. The notice shall be substantially in the form set forth in section 163.041 of the Revised Code. The notice shall be delivered personally on, or by certified mail to, the owner of the property or the owner's designated representative. (B) Together with the notice that division (A) of this section requires, or after providing that notice but not less than thi... |
Section 163.041 | Form of notice of intent to acquire.
... an agency shall provide notice to each property owner as required by division (A) of section 163.04 of the Revised Code. The notice shall be substantially in the following form: NOTICE OF INTENT TO ACQUIRE TO: ____________________ (owner(s)) DATE: _____________ __________ (agency) needs your property for a __________ (description of the project) and will need to acquire the following from you: ____________... |
Section 163.05 | Petition for appropriation.
...lic 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 esta... |
Section 163.051 | Submission of property value to nonbinding mediation.
...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... |
Section 163.06 | Depositing value with court.
...ncy, other than an agency appropriating property for the purposes described in division (B) of this section, that qualifies pursuant to Section 19 of Article I, Ohio Constitution, may deposit with the court at the time of filing the petition the value of such property appropriated together with the damages, if any, to the residue, as determined by the public agency, and thereupon take possession of and enter u... |
Section 163.07 | Notice of filing petition to owners.
... 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 awa... |
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... |
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 ... |
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. |
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. |
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... |
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. |
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... |
Section 163.15 | Contents of jury verdict - relocation payments.
...ditor and the county recorder shall be taxed as costs in the appropriation proceedings the same as other costs are taxed under section 163.16 of the Revised Code. (B)(1) Whenever the appropriation of real property requires the owner, a commercial tenant, or a residential tenant identified by the owner in a notice filed with the court to move or relocate, the agency shall make a payment to that person, upon pro... |
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... |
Section 163.17 | Interest.
...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 propert... |
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. |
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. |
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. |
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... |
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... |
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... |
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. |
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 ... |