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.
Cleveland Bakers Union Local No. 19 Pension Fund v. State, 443 N.E.2d 999 (Ohio Ct. App. 8th Dist. 1981). · cites it 25דIt sought an order from the court declaring R.C. 163.03 1 to be invalid under the Con *58 stitutions of the state of Ohio and the United States, and an order enjoining the agents of the state from taking action pursuant to that statute.”
Farra v. City of Dayton, 576 N.E.2d 807 (Ohio Ct. App. 2d Dist. 1989). · cites it 12דThe court stated, however, that R.C. 163.03 expressly imposed liability upon the city and that pursuant to R.”
Palmer v. Atl. Coast Pipeline, LLC, 801 S.E.2d 414 (Va. 2017). · cites it 2ד§ 32-15-06 ; Ohio, Ohio Rev. Code Ann. § 163.03 ; Oklahoma, Okla.”
Risner v. Ohio Dept. of Nat. Resources, 2015-Ohio-3731, 144 Ohio St. 3d 278. · cites it 2ד99(A) (providing for “restitution to the state lottery commission of any moneys erroneously paid as a lottery prize award” to a person prohibited from claiming that award); R.C. 163.03 (requiring “restitution or reimbursement for any actual damage” caused by a state agency…”
Kinder Morgan Cochin L.L.C. v. Simonson, 2016-Ohio-4647, 66 N.E.3d 1176. · cites it 5דThe Complaint sought an order granting Kinder Morgan access to Simonson's property for the purpose of conducting surveys, inspections and examinations under R.C. §163.03. The Complaint further sought a temporary restraining order, preliminary injunction, and permanent injunction…”
Toledo v. Bernard Ross Fam. Ltd. P'ship, 847 N.E.2d 466 (Ohio Ct. App. 6th Dist. 2006). · cites it 2דR.C. 163.03 allows an agency, upon appropriate notice, prior to or subsequent to the filing of a petition pursuant to R.”
City of Dublin v. Pewamo Ltd., 954 N.E.2d 1225 (Ohio Ct. App. 10th Dist. 2011). “{¶ 41} On October 16, 2008, Dublin filed its appropriation action and deposited $548,041 with the court in order to take immediate possession of the property pursuant to R.C. 163.03(B). This amount was consistent with Weiler’s appraisal of October 29, 2007.”
Marchbanks v. Algoma Grp., 2022-Ohio-1385. · cites it 2ד03(B)(3) states: An owner has a right to an immediate appeal if the order of the court is in favor of the agency in any of the matters the owner denied in the answer, unless the agency is appropriating property in time of war or other public exigency imperatively requiring its…”
Nexus Gas Transm., L.L.C. v. Sprague, 2016-Ohio-4901. · cites it 9ד{¶ 4} On August 17, 2015, two months after filing its complaint, Nexus filed a motion for summary judgment, arguing that it was entitled to a declaratory judgment because it had a statutory right to conduct survey activities on appellees’ properties under R.C. 163.03 and…”
Dublin v. Wirchanski, 2011-Ohio-2461. “While Performance Site Environment had to enter onto Parcel 91-WL to conduct its testing, the trial court noted that pursuant to R.C. 163.03, Dublin was permitted entry upon the property subject to the appropriation proceeding for surveys, soundings, drillings, appraisals, and…”
Palmer v. Atl. Coast Pipeline, No. 160630 (Va. July 13, 2017). “§ 32-15-06 ; Ohio, Ohio Rev. Code Ann. § 163.03 ; Oklahoma, Okla.”
City of Dublin v. Pewamo Ltd., 954 N.E.2d 1225 (Ohio Ct. App. 10th Dist. 2011). “{¶ 41} On October 16, 2008, Dublin filed its appropriation action and deposited $548,041 with the court in order to take immediate possession of the property pursuant to R.C. 163.03(B). This amount was consistent with Weiler’s appraisal of October 29, 2007.”
Coalton v. Atkins, 7 Ohio App. Unrep. 105 (Ohio Ct. App. 4th Dist. 1990).
Ohio Rev. Code § 163.03(B)(3): 1 case
Marchbanks v. Algoma Grp., 2022-Ohio-1385. “03(B)(3) states: An owner has a right to an immediate appeal if the order of the court is in favor of the agency in any of the matters the owner denied in the answer, unless the agency is appropriating property in time of war or other public exigency imperatively requiring its…”
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