Ohio Rev. Code » Chapter 163
Ohio Revised Code

Ohio Rev. Code § 163.05 (2026)

Petition for appropriation

✓ 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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An agency that has met the requirements of sections 163.04 and 163.041 of the Revised Code, may commence proceedings in a proper court by filing a petition for appropriation of each parcel or contiguous parcels in a single common ownership, or interest or right therein. The petition of a private agency shall be verified as in a civil action. All petitions shall contain:

(A) A description of each parcel of land or interest or right therein sought to be appropriated, such as will permit ready identification of the land involved;

(B)(1) A statement that the appropriation is necessary, for a public use, and, in the case of a public agency, a copy of the resolution of the public 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 estate or interest sought to be appropriated;

(E) The names and addresses of the owners, so far as they can be ascertained;

(F) A statement showing requirements of section 163.04 of the Revised Code have been met;

(G) A prayer for the appropriation.

In the event of an appropriation where the agency would require less than the whole of any parcel containing a residence structure and the required portion would remove a garage and sufficient land that a replacement garage could not be lawfully or practically attached, the appropriation shall be for the whole parcel and all structures unless, at the discretion of the owner, the owner waives this requirement, in which case the agency shall appropriate only the portion that the agency requires as well as the entirety of any structure that is in whole or in part on the required portion.

In the event of the appropriation of less than the fee of any parcel or of a fee in less than the whole of any parcel of property, the agency shall either make available to the owner or shall file in the office of the county engineer, a description of the nature of the improvement or use which requires the appropriation, including any specifications, elevations, and grade changes already determined at the time of the filing of the petition, in sufficient detail to permit a determination of the nature, extent, and effect of the taking and improvement. A set of highway construction plans shall be acceptable in providing such description for the purposes of the preceding sentence in the appropriation of land for highway purposes.
Notes of Decisions
Cited in 44 cases (9 in the last 5 years), 1969–2025 · leading case: Abigail Ladd v. Jack Marchbanks, 971 F.3d 574 (6th Cir. 2020).
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Abigail Ladd v. Jack Marchbanks, 971 F.3d 574 (6th Cir. 2020). “Ohio Rev. Code §§ 163.05, 163.14. So Plaintiffs seek an order they can use to require Ohio to pay them for its alleged taking of their property—the exact type of claim Stewart tells us isn’t a proper workaround to the States’ sovereign immunity.”
Ohio Power Co. v. Burns, 2021 Ohio 2714 (Ohio Ct. App. 2021). · cites it 8× “Landowners moved for judgment on the pleadings to dismiss the Burns and Bohlen petitions for failure to comply with the verification requirement of R.C. 163.05, which the trial court took under advisement and subsequently denied.”
Columbia Gas v. Bailey, 2023 Ohio 1245 (Ohio Ct. App. 2023). · cites it 4× “09(B)(1) comes into play only when (1) the agency has filed a petition under R.C. 163.05 against a landowner to appropriate a “parcel or contiguous parcels in a single common ownership, or interest or right therein,” and (2) the landowner has filed an answer in response to that…”
State ex rel. Doner v. Zody, 2011 Ohio 6117 (Ohio 2011). “See R.C. 163.05 (requiring that a petition for appropriation of property interests less than a fee be in sufficient detail “to permit a determination of the nature, extent, and effect of the taking”).”
Farra v. City of Dayton, 576 N.E.2d 807 (Ohio Ct. App. 1989). · cites it 2× “03 states: “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,…”
Cleveland Bakers Union Local No. 19 Pension Fund v. State, 443 N.E.2d 999 (Ohio Ct. App. 1981). · cites it 4× “R.C. 163.05 indicates that an agency must meet the requirements of R.”
Maumee Watershed Conservancy Dist. v. Buescher, 2017 Ohio 9086 (Ohio Ct. App. 2017). · cites it 35× “5 R.C. 163.05: Petition for Appropriation {¶18} Ohio’s statutory authority for the District’s petitions for appropriations is found in R.”
City of St. Marys v. Dayton Power & Light Co., 607 N.E.2d 881 (Ohio Ct. App. 1992). · cites it 3× “” R.C. 163.05 requires all complaints for appropriation to contain seven specific items in order to place the property owner in a position to defend against the appropriation.”
Ayersville Water & Sewer Dist. v. Geiger, 2012 Ohio 2689 (Ohio Ct. App. 2012). · cites it 3× “Geiger first contends that the District failed to provide the proper legal description of Geiger’s land in its complaint for appropriation in violation of R.C. 163.05. Secondly, Geiger argues the District did not meet the requirements of R.”
City of Toledo v. Beazer Materials & Servs., Inc., 923 F. Supp. 1013 (N.D. Ohio 1996). · cites it 5× “In sufficient part, that Section reads: § 163.05 Petition for appropriation. An agency which has met the requirements of section 163.”
City of Mentor v. Osborne, 758 N.E.2d 252 (Ohio Ct. App. 2001). · cites it 3× “04, R.C. 163.05 permits a municipality to file a petition for appropriation in the proper court.”
State ex rel. Ohio History Connection v. Moundbuilders Country Club Co., 2020 Ohio 276 (Ohio Ct. App. 2020). “R.C. 163.05 states in part as follows: “An agency that has met the requirements of sections 163.”
Show all 44 citing cases →
— Ohio Rev. Code § 163.05(A) — 9 cases
Weir v. Kebe, 503 N.E.2d 177 (Ohio Ct. App. 1985).
Cleveland Bakers Union Local No. 19 Pension Fund v. State, 443 N.E.2d 999 (Ohio Ct. App. 1981). “R.C. 163.05 indicates that an agency must meet the requirements of R.”
Ayersville Water & Sewer Dist. v. Geiger, 2012 Ohio 2689 (Ohio Ct. App. 2012). “Geiger first contends that the District failed to provide the proper legal description of Geiger’s land in its complaint for appropriation in violation of R.C. 163.05. Secondly, Geiger argues the District did not meet the requirements of R.”
City of Mentor v. Osborne, 758 N.E.2d 252 (Ohio Ct. App. 2001). “04, R.C. 163.05 permits a municipality to file a petition for appropriation in the proper court.”
Ohio Edison Co. v. Carroll, 471 N.E.2d 825 (Ohio Ct. App. 1984).
— Ohio Rev. Code § 163.05(B) — 2 cases
Media One v. Manor Park Apts. Ltd., Unpublished Decision (10-13-2000) (Ohio Ct. App. 2000).
Coalton v. Atkins, 7 Ohio App. Unrep. 105 (Ohio Ct. App. 1990).
— Ohio Rev. Code § 163.05(B)(1) — 1 case
Maumee Watershed Conservancy Dist. v. Buescher, 2017 Ohio 9086 (Ohio Ct. App. 2017). “5 R.C. 163.05: Petition for Appropriation {¶18} Ohio’s statutory authority for the District’s petitions for appropriations is found in R.”
— Ohio Rev. Code § 163.05(B)(2) — 1 case
Maumee Watershed Conservancy Dist. v. Buescher, 2017 Ohio 9086 (Ohio Ct. App. 2017). “5 R.C. 163.05: Petition for Appropriation {¶18} Ohio’s statutory authority for the District’s petitions for appropriations is found in R.”
— Ohio Rev. Code § 163.05(C) — 4 cases
City of St. Marys v. Dayton Power & Light Co., 607 N.E.2d 881 (Ohio Ct. App. 1992). “” R.C. 163.05 requires all complaints for appropriation to contain seven specific items in order to place the property owner in a position to defend against the appropriation.”
Maumee Watershed Conservancy Dist. v. Buescher, 2017 Ohio 9086 (Ohio Ct. App. 2017). “5 R.C. 163.05: Petition for Appropriation {¶18} Ohio’s statutory authority for the District’s petitions for appropriations is found in R.”
Muskingum Cty. Convention Facilities Auth. v. Barnes Advert. Corp., 2025 Ohio 1865 (Ohio Ct. App. 2025).
Muskingum Cty. Convention Facilities Auth. v. Barnes Advert. Corp., 2025 Ohio 1864 (Ohio Ct. App. 2025).
— Ohio Rev. Code § 163.05(D) — 1 case
Maumee Watershed Conservancy Dist. v. Buescher, 2017 Ohio 9086 (Ohio Ct. App. 2017). “5 R.C. 163.05: Petition for Appropriation {¶18} Ohio’s statutory authority for the District’s petitions for appropriations is found in R.”
— Ohio Rev. Code § 163.05(E) — 1 case
Maumee Watershed Conservancy Dist. v. Buescher, 2017 Ohio 9086 (Ohio Ct. App. 2017). “5 R.C. 163.05: Petition for Appropriation {¶18} Ohio’s statutory authority for the District’s petitions for appropriations is found in R.”
— Ohio Rev. Code § 163.05(F) — 1 case
Maumee Watershed Conservancy Dist. v. Buescher, 2017 Ohio 9086 (Ohio Ct. App. 2017). “5 R.C. 163.05: Petition for Appropriation {¶18} Ohio’s statutory authority for the District’s petitions for appropriations is found in R.”
— Ohio Rev. Code § 163.05(G) — 1 case
Maumee Watershed Conservancy Dist. v. Buescher, 2017 Ohio 9086 (Ohio Ct. App. 2017). “5 R.C. 163.05: Petition for Appropriation {¶18} Ohio’s statutory authority for the District’s petitions for appropriations is found in R.”
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