(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.
Hatfield v. Wray, 748 N.E.2d 612 (Ohio Ct. App. 2000). · cites it 2דIn his complaint in mandamus, appellant asserted that appellee’s “conduct in building an impervious barrier, restricting the flow [of] groundwater beneath State Route 13, thereby causing the Relator’s property to flood, is a taking pro tanto of Relator’s property in violation of…”
State v. Penrod, 611 N.E.2d 996 (Ohio Ct. App. 1992). “See R.C. 163.02(A). Accordingly, these provisions are irrelevant to the cause sub judice.”
Dublin v. RiverPark Grp., L.L.C., 2019 Ohio 1790 (Ohio Ct. App. 2019). · cites it 3דIn appellants' first assignment of error, appellants argue Dublin violated appellants' rights under Ohio Constitution, Article I, Section 19, and due process of law when it appropriated appellants' real property pursuant to a quick take under R.C. 163.02 et seq. In appellants'…”
Smith v. Gilbraith, 548 N.E.2d 281 (Ohio Ct. App. 1988). “The Common Pleas Court of Ashtabula County committed error when it denied defendants’ motion for a temporary restraining order and ruled that R.C. 163.02 places no limitation upon the power of the Director of Transportation to appropriate lands for the establishment of roadside…”
Smith v. Penn Cent. Corp., 499 N.E.2d 325 (Ohio Ct. App. 1985). · cites it 3ד) R.C. 163.02 reads in part as follows: “All appropriations of real property, except as otherwise authorized by this section, shall be made pursuant to sections 163.”
Boggs v. City of Cleveland (N.D. Ohio 2020). “3d 446 (2011)], as it alleges her continuous failure to abide by Ohio law, [ORC 163.02- 22 et seq.].” (Doc. No. 61 at 2, 6.”
Algoma Grp., A Gen. P'ship v. Marchbanks, 2024 Ohio 2342 (Ohio Ct. App. 2024). “” R.C. 163.02(B). Pursuant to statutes governing ODOT, “[t]he director may purchase or appropriate property necessary for the location or construction of any culvert * * * or the approaches thereto, * * * or for any other highway improvement” and “may purchase or appropriate,…”
Muskingum Cty. Convention Facilities Auth. v. Barnes Advert. Corp., 2025 Ohio 1865 (Ohio Ct. App. 2025). “R.C. 163.02(A). With limited exceptions again not relevant here, all entities with eminent-domain power, though defined and described in different chapters of the Revised Code, are bound by R.”
Muskingum Cty. Convention Facilities Auth. v. Barnes Advert. Corp., 2025 Ohio 1864 (Ohio Ct. App. 2025). “R.C. 163.02(A). With limited exceptions again not relevant here, all entities with eminent-domain power, though defined and described in different chapters of the Revised Code, are bound by R.”
— Ohio Rev. Code § 163.02(A) — 3 cases
State v. Penrod, 611 N.E.2d 996 (Ohio Ct. App. 1992). “See R.C. 163.02(A). Accordingly, these provisions are irrelevant to the cause sub judice.”
Muskingum Cty. Convention Facilities Auth. v. Barnes Advert. Corp., 2025 Ohio 1865 (Ohio Ct. App. 2025). “R.C. 163.02(A). With limited exceptions again not relevant here, all entities with eminent-domain power, though defined and described in different chapters of the Revised Code, are bound by R.”
Muskingum Cty. Convention Facilities Auth. v. Barnes Advert. Corp., 2025 Ohio 1864 (Ohio Ct. App. 2025). “R.C. 163.02(A). With limited exceptions again not relevant here, all entities with eminent-domain power, though defined and described in different chapters of the Revised Code, are bound by R.”
Hatfield v. Wray, 748 N.E.2d 612 (Ohio Ct. App. 2000). “In his complaint in mandamus, appellant asserted that appellee’s “conduct in building an impervious barrier, restricting the flow [of] groundwater beneath State Route 13, thereby causing the Relator’s property to flood, is a taking pro tanto of Relator’s property in violation of…”
Algoma Grp., A Gen. P'ship v. Marchbanks, 2024 Ohio 2342 (Ohio Ct. App. 2024). “” R.C. 163.02(B). Pursuant to statutes governing ODOT, “[t]he director may purchase or appropriate property necessary for the location or construction of any culvert * * * or the approaches thereto, * * * or for any other highway improvement” and “may purchase or appropriate,…”
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