(A) A public agency, 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 upon the property appropriated. The right of possession upon deposit as provided in this division shall not extend to structures.
(B) A public agency appropriating property for the purpose of making or repairing roads which shall be open to the public, without charge, or for the purpose of implementing rail service under Chapter 4981. of the Revised Code, 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 stated in an attached declaration of intention to obtain possession and thereupon take possession of and enter upon the property appropriated, including structures situated upon the land appropriated for such purpose or situated partly upon the land appropriated therefor and partly upon adjoining land, so that such structures cannot be divided upon the line between such lands without manifest injury thereto. The jury, in assessing compensation to any owner of land appropriated under this division shall assess the value thereof in accordance with section 163.14 of the Revised Code. The owner or occupant of such structures shall vacate the same within sixty days after service of summons as required under section 163.07 of the Revised Code, after which time the agency may remove said structures. In the event such structures are to be removed before the jury has fixed the value of the same, the court, upon motion of the agency, shall:
(1) Order appraisals to be made by three persons, one to be named by the owner, one by the county auditor, and one by the agency. Such appraisals may be used as evidence by the owner or the agency in the trial of said case but shall not be binding on said owner, agency, or the jury, and the expense of said appraisals shall be approved by the court and charged as costs in said case.
(2) Cause pictures to be taken of all sides of said structures;
(3) Compile a complete description of said structures, which shall be preserved as evidence in said case to which the owner or occupants shall have access.
(C) Any time after the deposit is made by the public agency under division (A) or (B) of this section, the owner may apply to the court to withdraw the deposit, and such withdrawal shall in no way interfere with the action except that the sum so withdrawn shall be deducted from the sum of the final verdict or award. Upon such application being made the court shall direct that the sum be paid to such owner subject to the rights of other parties in interest provided such parties make timely application as provided in section 163.18 of the Revised Code. Interest shall not accrue on any sums withdrawable as provided in this division.
Cincinnati Gas & Elec. Co. v. Pope, 374 N.E.2d 406 (Ohio 1978). · cites it 4דAn order of the court in favor of the agency on any of such questions or on qualification under section 163.06 of the Revised Code, shall not be a final order for purposes of appeal.”
Toledo v. Bernard Ross Fam. Ltd. P'ship, 847 N.E.2d 466 (Ohio Ct. App. 2006). · cites it 2ד*573 {¶ 92} First, in accordance with R.C. 163.06(A), the city placed funds on deposit for this appropriation.”
Cleveland Bakers Union Local No. 19 Pension Fund v. State, 443 N.E.2d 999 (Ohio Ct. App. 1981). “R.C. 163.06. If the property owner fails to answer the petition, the court must declare the value of the property to be “as set forth in any document properly filed with the clerk of courts by the public agency.”
Queensgate Terminals, L.L.C. v. Cincinnati, 2013 Ohio 4219 (Ohio Ct. App. 2013). · cites it 4ד4 OHIO FIRST DISTRICT COURT OF APPEALS {¶11} R.C. 163.06 provides a procedure whereby a public agency appropriating contested property deposits with the court the value of the property appropriated.”
Smith v. Gilbraith, 548 N.E.2d 281 (Ohio Ct. App. 1988). · cites it 2ד* * * An order of the court in favor of the agency on any of such questions or on qualification under section 163.06 of the Revised Code, shall not be a final order for purposes of appeal.”
Ohio Dept. of Transp. v. Storage World, Inc., 2012 Ohio 4437 (Ohio Ct. App. 2012). · cites it 3ד{¶23} Because the transportation department did not want to wait to begin expanding the road, it used the “quick-take” procedure authorized under Section 163.06(A) of the Ohio Revised Code.”
State ex rel. Levin v. Sheffield Lake, 1994 Ohio 385 (Ohio 1994). “The appropriation proceedings were to include, in particular, (1) compliance with R.C. 163.06 (deposit of property value as determined by appropriating agency), which the Levin Group claimed would require the city's deposit of the $23,000 it had offered in 1990 to settle the…”
Dublin v. RiverPark Grp., L.L.C., 2019 Ohio 1790 (Ohio Ct. App. 2019). “Accordingly, the quick- take provision in R.C. 163.06(B) provides "[a] public agency appropriating property for the purpose of making or repairing roads which shall be open to the public, without charge, * * * may deposit with the court at the time of filing the petition the…”
Ottawa Cnty. Commissioners v. Mitchell, 478 N.E.2d 1024 (Ohio Ct. App. 1984). “See R.C. 163.06(A) and (C). 3 For example, Kocher’s letter states, in part: “* * * The * * * sewer will be installed as planned, including the manhole.”
Eschtruth Invest. Co. L.L.C. v. Amherst, 2011 Ohio 3251 (Ohio Ct. App. 2011). “” See R.C. 163.06 (describing procedure whereby public agency may take possession of the contested property immediately upon deposit with the court of the value of the property appropriated plus any damages to the residue).”
N. Canton v. Julius Brown, L.L.C., 2024 Ohio 5881 (Ohio Ct. App. 2024). · cites it 3דHarmless Error {¶38} Appellee argues that, even if the trial court improperly excluded the auditor’s tax valuation evidence, the exclusion of the evidence was harmless error for two reasons: (1) appellant failed to present a certified appraiser as required by R.C. 163.06(B) and…”
Toledo v. Bernard Ross Fam. Ltd. P'ship, 847 N.E.2d 466 (Ohio Ct. App. 2006). “*573 {¶ 92} First, in accordance with R.C. 163.06(A), the city placed funds on deposit for this appropriation.”
Ohio Dept. of Transp. v. Storage World, Inc., 2012 Ohio 4437 (Ohio Ct. App. 2012). “{¶23} Because the transportation department did not want to wait to begin expanding the road, it used the “quick-take” procedure authorized under Section 163.06(A) of the Ohio Revised Code.”
Ottawa Cnty. Commissioners v. Mitchell, 478 N.E.2d 1024 (Ohio Ct. App. 1984). “See R.C. 163.06(A) and (C). 3 For example, Kocher’s letter states, in part: “* * * The * * * sewer will be installed as planned, including the manhole.”
Dublin v. RiverPark Grp., L.L.C., 2019 Ohio 1790 (Ohio Ct. App. 2019). “Accordingly, the quick- take provision in R.C. 163.06(B) provides "[a] public agency appropriating property for the purpose of making or repairing roads which shall be open to the public, without charge, * * * may deposit with the court at the time of filing the petition the…”
N. Canton v. Julius Brown, L.L.C., 2024 Ohio 5881 (Ohio Ct. App. 2024). “Harmless Error {¶38} Appellee argues that, even if the trial court improperly excluded the auditor’s tax valuation evidence, the exclusion of the evidence was harmless error for two reasons: (1) appellant failed to present a certified appraiser as required by R.C. 163.06(B) and…”
Ohio Rev. Code § 163.06(B)(1): 1 case
N. Canton v. Julius Brown, L.L.C., 2024 Ohio 5881 (Ohio Ct. App. 2024). “Harmless Error {¶38} Appellee argues that, even if the trial court improperly excluded the auditor’s tax valuation evidence, the exclusion of the evidence was harmless error for two reasons: (1) appellant failed to present a certified appraiser as required by R.C. 163.06(B) and…”
Ohio Rev. Code § 163.06(C): 3 cases
Toledo v. Bernard Ross Fam. Ltd. P'ship, 847 N.E.2d 466 (Ohio Ct. App. 2006). “*573 {¶ 92} First, in accordance with R.C. 163.06(A), the city placed funds on deposit for this appropriation.”
Queensgate Terminals, L.L.C. v. Cincinnati, 2013 Ohio 4219 (Ohio Ct. App. 2013). “4 OHIO FIRST DISTRICT COURT OF APPEALS {¶11} R.C. 163.06 provides a procedure whereby a public agency appropriating contested property deposits with the court the value of the property appropriated.”
Ohio Dept. of Transp. v. Storage World, Inc., 2012 Ohio 4437 (Ohio Ct. App. 2012). “{¶23} Because the transportation department did not want to wait to begin expanding the road, it used the “quick-take” procedure authorized under Section 163.06(A) of the Ohio Revised Code.”
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