Ohio Rev. Code » Chapter 163
Ohio Revised Code

Ohio Rev. Code § 163.01 (2026)

Appropriation of property definitions

✓ current as of May 2026
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Effective:
October 10, 2007
Latest Legislation:
Senate Bill 7 - 127th General Assembly
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As used in sections 163.01 to 163.22 of the Revised Code:

(A) "Public agency" means any governmental corporation, unit, organization, instrumentality, or officer authorized by law to appropriate property in the courts of this state.

(B) "Private agency" means any corporation, firm, partnership, voluntary association, joint-stock association, or company that is not a public agency and that is authorized by law to appropriate property in the courts of this state.

(C) "Agency" means any public agency or private agency.

(D) "Court" means the court of common pleas or the probate court of any county in which the property sought to be appropriated is located in whole or in part.

(E) "Owner" means any individual, partnership, association, or corporation having any estate, title, or interest in any real property sought to be appropriated.

(F) "Real property," "land," or "property" includes any estate, title, or interest in any real property that is authorized to be appropriated by the agency in question, unless the context otherwise requires.

(G) "Public utility" has the same meaning as in section 4905.02 of the Revised Code and also includes a public utility owned or operated by one or more municipal corporations, an electric cooperative, and an agency holding a certificate of public convenience and necessity granted by the federal energy regulatory commission.

(H)(1) "Public use" does not include any taking that is for conveyance to a private commercial enterprise, economic development, or solely for the purpose of increasing public revenue, unless the property is conveyed or leased to one of the following:

(a) A public utility, municipal power agency, or common carrier;

(b) A private entity that occupies a port authority transportation facility or an incidental area within a publicly owned and occupied project;

(c) A private entity when the agency that takes the property establishes by a preponderance of the evidence that the property is a blighted parcel or is included in a blighted area.

(2) All of the following are presumed to be public uses: utility facilities, roads, sewers, water lines, public schools, public institutions of higher education, private institutions of higher education that are authorized to appropriate property under section 3333.08 of the Revised Code, public parks, government buildings, port authority transportation facilities, projects by an agency that is a public utility, and similar facilities and uses of land.

(I) "Electric cooperative" has the same meaning as in section 4928.01 of the Revised Code.

(J) "Good faith offer" means the written offer that an agency that is appropriating property must make to the owner of the property pursuant to division (B) of section 163.04 of the Revised Code before commencing an appropriation proceeding.

(K) "Goodwill" means the calculable benefits that accrue to a business as a result of its location, reputation for dependability, skill or quality, and any other circumstances that result in probable retention of old, or acquisition of new, patronage.

(L) "Municipal power agency" has the same meaning as in section 3734.058 of the Revised Code.

(M) "Port authority transportation facility" means any facility developed, controlled, or operated by a port authority for the purpose of providing passenger, cargo, or freight transportation services, such as airports, maritime ports, rail facilities, transit facilities, and support facilities directly related to any airport, maritime port, rail facility, or transit facility.
Notes of Decisions
Cited in 73 cases (17 in the last 5 years), 1968–2025 · leading case: State ex rel. Ohio History Connection v. Moundbuilders Country Club Co., 2022-Ohio-4345, 220 N.E.3d 678.
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State ex rel. Ohio History Connection v. Moundbuilders Country Club Co., 2022-Ohio-4345, 220 N.E.3d 678. · cites it 10× “Thus, the country club does not dispute that appropriating the leasehold interest would be necessary for the public use.”
City of Norwood v. Horney, 853 N.E.2d 1115 (Ohio 2006). · cites it 2× “22 which mandates that ‘[a]ll proceedings brought under sections 163.01 to 163.22, inclusive, * * * shall be advanced as a matter of immediate public interest and concern and shall be heard by the court at the earliest practicable moment.”
Columbia Gas v. Bailey, 2023-Ohio-1245, 213 N.E.3d 138. · cites it 5× “” R.C. 163.01(B). -31- Case No. 14-22-13 and 14-22-14 Power at ¶ 22 (noting that “[t]he state, however, may seize private property when it is necessary for public use.”
Ohio Power Co. v. Burns, 2021-Ohio-2714, 176 N.E.3d 778. · cites it 6× “” The “trial” for purposes of R.C. 163.01, et seq. is the jury trial on compensation under R.”
Cincinnati Ent. Assocs., Ltd. v. Hamilton Cnty. Bd. of Commissioners, 753 N.E.2d 884 (Ohio Ct. App. 2001). · cites it 2× ““When * * * it is necessary to procure * * * an easement for a courthouse, jail * * * or other structure, * * * proceedings shall be had in accordance with sections 163.01 to 163.22, inclusive, of the Revised Code.”
State ex rel. Patrick Bros., A Gen. P'ship v. Putnam Cty. Bd. of Commrs., 2014-Ohio-2717. · cites it 5× “R.C. 163.01 et seq. The authority to appropriate the property must be granted by a different statute.”
State ex rel. Ohio History Connection v. Moundbuilders Country Club Co., 2020-Ohio-276, 143 N.E.3d 614. · cites it 2× “07, certain historical preservation associations or societies may acquire necessary real estate in accordance with R.C. 163.01 to 163.22, inclusive. R.C. 163.”
State ex rel. Horwitz v. Court of Common Pleas, 603 N.E.2d 1005 (Ohio 1992). · cites it 2× “09 provides that upon filing a timely answer that specifically denies the right and necessity of an appropriation, property owners must be heard on these issues.”
Sunoco Pipeline L.P. v. Teter, 2016-Ohio-7073. · cites it 2× “{¶65} As to public use, Appellee contends being a common carrier under R.C. 163.01(H) created a rebuttable presumption the pipeline is for public use, and the rebuttable presumption was not overcome at trial.”
Cuyahoga Cnty. Bd. of Commissioners v. Maloof Props., Ltd., 2012-Ohio-470, 968 N.E.2d 602. · cites it 2× “{¶ 7} On February 1, 2011, Ohio National Life filed a motion for an order of distribution of the appropriation proceeds, arguing that by virtue of its mortgage, it was the “owner” of the parcel pursuant to R.C. 163.01(E). Ohio National Life served a copy of its motion upon…”
Ohio Edison Co. v. Franklin Paper Co., 479 N.E.2d 843 (Ohio 1985). · cites it 3× “This case involves the issue of whether appellant is liable for attorney fees and expenses pursuant to R.C. 163.01 et seq. Generally, an unsuccessful litigant is not liable for the litigation expenses, including attorney fees, of its adversary in the absence of a statute…”
Schlegel v. Sweeney, 2022-Ohio-3841, 215 N.E.3d 451. “” R.C. 163.01(D) and 163.05. {¶ 13} Schlegel does not dispute that the Mahoning County Court of Common Pleas had subject-matter jurisdiction when the suit was filed, but he contends that the anti-appropriation provision divested the court of jurisdiction when it took effect.”
Show all 73 citing cases →
Ohio Rev. Code § 163.01(A): 4 cases
City of Norwood v. Horney, 853 N.E.2d 1115 (Ohio 2006). “22 which mandates that ‘[a]ll proceedings brought under sections 163.01 to 163.22, inclusive, * * * shall be advanced as a matter of immediate public interest and concern and shall be heard by the court at the earliest practicable moment.”
Ohio Edison Co. v. Franklin Paper Co., 479 N.E.2d 843 (Ohio 1985). “This case involves the issue of whether appellant is liable for attorney fees and expenses pursuant to R.C. 163.01 et seq. Generally, an unsuccessful litigant is not liable for the litigation expenses, including attorney fees, of its adversary in the absence of a statute…”
City of Middletown v. Campbell, 486 N.E.2d 208 (Ohio Ct. App. 1984).
State ex rel. Patrick Bros., A Gen. P'ship v. Putnam Cty. Bd. of Commrs., 2014-Ohio-2717. “R.C. 163.01 et seq. The authority to appropriate the property must be granted by a different statute.”
Ohio Rev. Code § 163.01(B): 3 cases
Columbia Gas v. Bailey, 2023-Ohio-1245, 213 N.E.3d 138. “” R.C. 163.01(B). -31- Case No. 14-22-13 and 14-22-14 Power at ¶ 22 (noting that “[t]he state, however, may seize private property when it is necessary for public use.”
Columbia Gas v. Phelps Preferred Invests., L.L.C., 2022-Ohio-2540.
Nexus Gas Transm., L.L.C. v. Sprague, 2016-Ohio-4901.
Ohio Rev. Code § 163.01(C): 5 cases
State ex rel. Horwitz v. Court of Common Pleas, 603 N.E.2d 1005 (Ohio 1992). “09 provides that upon filing a timely answer that specifically denies the right and necessity of an appropriation, property owners must be heard on these issues.”
Columbia Gas Transmission, LLC v. Crawford, 746 F. Supp. 2d 905 (N.D. Ohio 2010).
Columbia Gas v. Bailey, 2023-Ohio-1245, 213 N.E.3d 138. “” R.C. 163.01(B). -31- Case No. 14-22-13 and 14-22-14 Power at ¶ 22 (noting that “[t]he state, however, may seize private property when it is necessary for public use.”
Columbus S. Power Co. v. Ohio Dep't of Transp., 579 N.E.2d 735 (Ohio Ct. App. 1989).
Nexus Gas Transm., L.L.C. v. Sprague, 2016-Ohio-4901.
Ohio Rev. Code § 163.01(D): 6 cases
Schlegel v. Sweeney, 2022-Ohio-3841, 215 N.E.3d 451. “” R.C. 163.01(D) and 163.05. {¶ 13} Schlegel does not dispute that the Mahoning County Court of Common Pleas had subject-matter jurisdiction when the suit was filed, but he contends that the anti-appropriation provision divested the court of jurisdiction when it took effect.”
Cincinnati Ent. Assocs., Ltd. v. Hamilton Cnty. Bd. of Commissioners, 753 N.E.2d 884 (Ohio Ct. App. 2001). ““When * * * it is necessary to procure * * * an easement for a courthouse, jail * * * or other structure, * * * proceedings shall be had in accordance with sections 163.01 to 163.22, inclusive, of the Revised Code.”
Marchbanks v. Ice House Ventures, L.L.C., 2024-Ohio-417.
State ex rel. Gideon v. Page, 2024-Ohio-1219.
Lawnfield Props., LLC v. City of Mentor, 2018-Ohio-2447, 115 N.E.3d 642.
Ohio Rev. Code § 163.01(E): 3 cases
Cuyahoga Cnty. Bd. of Commissioners v. Maloof Props., Ltd., 2012-Ohio-470, 968 N.E.2d 602. “{¶ 7} On February 1, 2011, Ohio National Life filed a motion for an order of distribution of the appropriation proceeds, arguing that by virtue of its mortgage, it was the “owner” of the parcel pursuant to R.C. 163.01(E). Ohio National Life served a copy of its motion upon…”
Columbia Gas Transmission, LLC v. Crawford, 746 F. Supp. 2d 905 (N.D. Ohio 2010).
Columbus Mun. Corp. v. Wiltshire Capital Partners, LP, 2024-Ohio-2180.
Ohio Rev. Code § 163.01(G): 1 case
Columbia Gas v. Bailey, 2023-Ohio-1245, 213 N.E.3d 138. “” R.C. 163.01(B). -31- Case No. 14-22-13 and 14-22-14 Power at ¶ 22 (noting that “[t]he state, however, may seize private property when it is necessary for public use.”
Ohio Rev. Code § 163.01(H): 1 case
Sunoco Pipeline L.P. v. Teter, 2016-Ohio-7073. “{¶65} As to public use, Appellee contends being a common carrier under R.C. 163.01(H) created a rebuttable presumption the pipeline is for public use, and the rebuttable presumption was not overcome at trial.”
Ohio Rev. Code § 163.01(H)(1): 6 cases
State ex rel. Ohio History Connection v. Moundbuilders Country Club Co., 2022-Ohio-4345, 220 N.E.3d 678. “Thus, the country club does not dispute that appropriating the leasehold interest would be necessary for the public use.”
Columbia Gas v. Bailey, 2023-Ohio-1245, 213 N.E.3d 138. “” R.C. 163.01(B). -31- Case No. 14-22-13 and 14-22-14 Power at ¶ 22 (noting that “[t]he state, however, may seize private property when it is necessary for public use.”
Henry Cty. Bd. of Commrs. v. Rettig, 2020-Ohio-2787, 154 N.E.3d 449.
Algoma Grp., A Gen. P'ship v. Marchbanks, 2024-Ohio-2342, 247 N.E.3d 930.
Muskingum Cty. Convention Facilities Auth. v. Barnes Advert. Corp., 2025-Ohio-1865.
Ohio Rev. Code § 163.01(H)(1)(a): 2 cases
Sunoco Pipeline L.P. v. Teter, 2016-Ohio-7073. “{¶65} As to public use, Appellee contends being a common carrier under R.C. 163.01(H) created a rebuttable presumption the pipeline is for public use, and the rebuttable presumption was not overcome at trial.”
Columbia Gas v. Bailey, 2023-Ohio-1245, 213 N.E.3d 138. “” R.C. 163.01(B). -31- Case No. 14-22-13 and 14-22-14 Power at ¶ 22 (noting that “[t]he state, however, may seize private property when it is necessary for public use.”
Ohio Rev. Code § 163.01(H)(2): 4 cases
State ex rel. Ohio History Connection v. Moundbuilders Country Club Co., 2022-Ohio-4345, 220 N.E.3d 678. “Thus, the country club does not dispute that appropriating the leasehold interest would be necessary for the public use.”
State ex rel. Ohio History Connection v. Moundbuilders Country Club Co., 2020-Ohio-276, 143 N.E.3d 614. “07, certain historical preservation associations or societies may acquire necessary real estate in accordance with R.C. 163.01 to 163.22, inclusive. R.C. 163.”
Henry Cty. Bd. of Commrs. v. Rettig, 2020-Ohio-2787, 154 N.E.3d 449.
Algoma Grp., A Gen. P'ship v. Marchbanks, 2024-Ohio-2342, 247 N.E.3d 930.
Ohio Rev. Code § 163.01(J): 2 cases
State ex rel. Ohio History Connection v. Moundbuilders Country Club Co., 2022-Ohio-4345, 220 N.E.3d 678. “Thus, the country club does not dispute that appropriating the leasehold interest would be necessary for the public use.”
Maumee Watershed Conservancy Dist. v. Buescher, 2017-Ohio-9086.
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