Ohio Rev. Code » Chapter 163
Ohio Revised Code

Ohio Rev. Code § 163.21 (2026)

Abandonment of proceedings

✓ 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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(A)(1) If it has not taken possession of property that is appropriated, an agency may abandon appropriation proceedings under sections 163.01 to 163.22 of the Revised Code at any time after the proceedings are commenced but not later than ninety days after the final determination of the cause.

(2) In all cases of abandonment as described in division (A)(1) of this section, the court shall enter a judgment against the agency for costs, including jury fees, and shall enter a judgment in favor of each affected owner, in amounts that the court considers to be just, for each of the following that the owner incurred:

(a) Witness fees, including expert witness fees;

(b) Attorney's fees;

(c) Other actual expenses.

(B)(1) In appropriation proceedings under sections 163.01 to 163.22 of the Revised Code or as authorized by divisions (A) and (B) of section 163.02 of the Revised Code for appropriation proceedings in time of a public exigency under other sections of the Revised Code, if the court determines that an agency is not entitled to appropriate particular property, the court shall enter both of the following:

(a) A judgment against the agency for costs, including jury fees;

(b) A judgment in favor of each affected owner, in amounts that the court considers to be just, for the owner's reasonable disbursements and expenses, to include witness fees, expert witness fees, attorney's fees, appraisal and engineering fees, and for other actual expenses that the owner incurred in connection with the proceedings.

(2) Any award to an owner pursuant to this section shall be paid by the head of the agency for whose benefit the appropriation proceedings were initiated.

(C)(1) Except as otherwise provided in division (C)(2) or (3) of this section and subject to division (C)(5) of this section, when an agency appropriates property and the final award of compensation is greater than one hundred twenty-five per cent of the agency's good faith offer for the property or, if before commencing the appropriation proceeding the agency made a revised offer based on conditions indigenous to the property that could not reasonably have been discovered at the time of the good faith offer, one hundred twenty-five per cent of the revised offer, the court shall enter judgment in favor of the owner, in amounts the court considers just, for all costs and expenses, including attorney's and appraisal fees, that the owner actually incurred.

(2) The court shall not enter judgment for costs and expenses, including attorney's fees and appraisal fees, if the agency is appropriating property in time of war or other public exigency imperatively requiring its immediate seizure, for the purpose of making or repairing roads that shall be open to the public without charge, for the purpose of implementing rail service under Chapter 4981. of the Revised Code, or under section 307.08, 504.19, 6101.181, 6115.221, 6117.39, or 6119.11 of the Revised Code as the result of a public exigency, or the agency is a municipal corporation that is appropriating property as a result of a public exigency, except that the court shall enter judgment in favor of the owner for costs and expenses, including attorney's and appraisal fees, that the owner actually incurred only if the property being appropriated is land used for agricultural purposes as defined in section 303.01 or 519.01 of the Revised Code, or the county auditor of the county in which the land is located has determined under section 5713.31 of the Revised Code that the land is "land devoted exclusively to agricultural use" as defined in section 5713.30 of the Revised Code and the final award of compensation is more than one hundred fifty per cent of the agency's good faith offer or a revised offer made by the agency under division (C)(1) or (3) of this section.

(3) The court shall not enter judgment for costs and expenses, including attorney's fees and appraisal fees, that the owner actually incurred if the owner and the agency exchanged appraisals prior to the filing of the petition and the final award of compensation was not more than one hundred twenty-five per cent of the agency's first offer for the property made subsequent to the exchange of appraisals and at least thirty days before the filing of the petition.

(4) An award of costs and expenses, including attorney's and appraisal fees, that the owner actually incurred, under division (C) of this section shall not exceed the lesser of twenty-five per cent of the amount by which the final award of compensation exceeds the agency's initial good faith offer or revised offer or twenty-five per cent of the amount by which the final award of compensation exceeds the agency's last written offer made not less than forty-five days before the date initially designated for trial by the court.

(5)(a) An award of costs and expenses, including attorney's and appraisal fees, that the owner actually incurred, made under division (G) of section 163.09 of the Revised Code is not subject to the conditions and limitations set forth in divisions (C)(1), (2), (3), and (4) of this section.

(b) The court shall not enter judgment for costs and expenses, including attorney's fees and appraisal fees, under division (C) of this section unless not less than fifty days prior to the date initially designated by the court for trial the owner provided the agency with an appraisal or summary appraisal of the property being appropriated or with the owner's sworn statement setting forth the value of the property and an explanation of how the owner arrived at that value.
Notes of Decisions
Cited in 32 cases (4 in the last 5 years), 1967–2026 · leading case: Ohio Power Co. v. Burns, 2021 Ohio 2714 (Ohio Ct. App. 2021).
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Ohio Power Co. v. Burns, 2021 Ohio 2714 (Ohio Ct. App. 2021). · cites it 32× “{¶4} Finally, Landowners argue that the trial court erred in concluding that Ohio Power’s decision not to pursue an easement for distribution lines was not an abandonment under R.C. 163.21. We agree with the trial court’s finding that Ohio Power’s Washington App.”
State v. Sellers, 237 N.E.2d 328 (Ohio Ct. App. 1968). · cites it 42× “The owners then filed a motion to vacate the dismissal entry in order to re-open the case so that trial preparation expenses might be allowed, under Section 163.21, Revised Code. The trial court then sustained the motion to vacate the dismissal entry, reinstated the case for…”
Ohio Edison Co. v. Franklin Paper Co., 479 N.E.2d 843 (Ohio 1985). · cites it 10× ““(B) In all cases of abandonment as set forth in division (A) of this section, the court shall enter judgment against the agency for costs, including jury fees, and in favor of any owner, for the following items which have been incurred, for such amounts as the court deems just:…”
Wray v. Gahm Props., Ltd., 2018 Ohio 50 (Ohio Ct. App. 2018). · cites it 6× “Gahm Properties filed a motion for an award of costs and expenses under R.C. 163.21(C)(2). ODOT opposed the motion and requested discovery and an evidentiary hearing.”
State ex rel. Bowman v. Columbiana Cnty. Bd. of Commissioners, 77 Ohio St. 3d 398 (Ohio 1997). · cites it 6× “2d 444 , claiming that *400 Gates Mills held that a person who recovers a judgment under R.C. 163.21 is not entitled to interest on the judgment under R.”
City of Cleveland v. State, 2010 Ohio 6318 (Ohio 2010). · cites it 2× “This court held that it did not: “The General Assembly has expressly provided for the recovery of attorney fees, as part of the costs of litigation, with respect to certain statutory actions.”
State ex rel. Horwitz v. Court of Common Pleas, 603 N.E.2d 1005 (Ohio 1992). · cites it 2× “If a public agency has taken possession prior to such order and such order, after any appeal, is against the agency on any of such questions, the agency shall restore the property to the owner in its original condition or respond in damages, which may include the items set forth…”
State ex rel. New Wen, Inc. v. Marchbanks (Slip Opinion), 2020 Ohio 4865 (Ohio 2020). · cites it 2× “Likewise, attorney fees shall be awarded when an agency abandons its appropriation action, R.C. 163.21(A)(2)(b), or when the owner prevails in the appropriation proceeding and the appropriation does not occur, R.”
Ohio Power Co. v. Burns, 2024 Ohio 3364 (Ohio Ct. App. 2024). · cites it 9× “[Ohio Power’s] withdrawal of the word “distribution” from its proposed Easements do [sic] not institute an “abandonment of “appropriation proceedings” under R.C. 163.21. 10. The Court concludes that the appropriations sought by [Ohio Power] in each of the above- referenced…”
Cincinnati Gas & Elec. Co. v. Pope, 374 N.E.2d 406 (Ohio 1978). · cites it 2× “If a public agency has taken possession prior to such order and such order, after any appeal, is against the agency on any of such questions, the agency shall restore the property to the owner in its original condition or respond in damages, which may include the items set forth…”
Benda v. Fana, 227 N.E.2d 197 (Ohio 1967). · cites it 2× “See Section 163.21, Revised Code. To hold otherwise would not only encourage a strategic use of settlement offers which would hinder the obvious intent of the statute (i.”
City of Cincinnati v. Chavez Props., 690 N.E.2d 561 (Ohio Ct. App. 1996). · cites it 3× “tending that the trial court erred by (1) failing to consider whether the city’s actions advanced legitimate state interests, (2) precluding discovery and evidence concerning communications between the city’s attorney and the Cincinnati Public School Board’s attorney relating to…”
Show all 32 citing cases →
— Ohio Rev. Code § 163.21(5)(b) — 1 case
Cincinnati v. Gilbert, 2013 Ohio 4145 (Ohio Ct. App. 2013).
— Ohio Rev. Code § 163.21(A) — 5 cases
Ohio Power Co. v. Burns, 2021 Ohio 2714 (Ohio Ct. App. 2021). “{¶4} Finally, Landowners argue that the trial court erred in concluding that Ohio Power’s decision not to pursue an easement for distribution lines was not an abandonment under R.C. 163.21. We agree with the trial court’s finding that Ohio Power’s Washington App.”
Ohio Power Co. v. Burns, 2024 Ohio 3364 (Ohio Ct. App. 2024). “[Ohio Power’s] withdrawal of the word “distribution” from its proposed Easements do [sic] not institute an “abandonment of “appropriation proceedings” under R.C. 163.21. 10. The Court concludes that the appropriations sought by [Ohio Power] in each of the above- referenced…”
Dublin v. Wirchanski, 2011 Ohio 2461 (Ohio Ct. App. 2011).
Vill. of Gates Mills v. Jones, 642 N.E.2d 444 (Ohio Ct. App. 1994).
City of Columbus v. Triplett, 713 N.E.2d 68 (Ohio Ct. App. 1998).
— Ohio Rev. Code § 163.21(A)(1) — 3 cases
State ex rel. Bowman v. Columbiana Cnty. Bd. of Commissioners, 77 Ohio St. 3d 398 (Ohio 1997). “2d 444 , claiming that *400 Gates Mills held that a person who recovers a judgment under R.C. 163.21 is not entitled to interest on the judgment under R.”
State ex rel. Bowman v. Columbiana Cty. Bd. of Commrs., 1997 Ohio 265 (Ohio 1997).
Dublin v. Wirchanski, 2011 Ohio 2461 (Ohio Ct. App. 2011).
— Ohio Rev. Code § 163.21(A)(2) — 5 cases
State ex rel. Bowman v. Columbiana Cnty. Bd. of Commissioners, 77 Ohio St. 3d 398 (Ohio 1997). “2d 444 , claiming that *400 Gates Mills held that a person who recovers a judgment under R.C. 163.21 is not entitled to interest on the judgment under R.”
State ex rel. Bowman v. Columbiana Cty. Bd. of Commrs., 1997 Ohio 265 (Ohio 1997).
Vill. of Gates Mills v. Jones, 642 N.E.2d 444 (Ohio Ct. App. 1994).
City of Columbus v. Triplett, 713 N.E.2d 68 (Ohio Ct. App. 1998).
State v. Green-Sarubbi, 2026 Ohio 877 (Ohio Ct. App. 2026).
— Ohio Rev. Code § 163.21(A)(2)(b) — 1 case
State ex rel. New Wen, Inc. v. Marchbanks (Slip Opinion), 2020 Ohio 4865 (Ohio 2020). “Likewise, attorney fees shall be awarded when an agency abandons its appropriation action, R.C. 163.21(A)(2)(b), or when the owner prevails in the appropriation proceeding and the appropriation does not occur, R.”
— Ohio Rev. Code § 163.21(B) — 4 cases
Ohio Power Co. v. Burns, 2021 Ohio 2714 (Ohio Ct. App. 2021). “{¶4} Finally, Landowners argue that the trial court erred in concluding that Ohio Power’s decision not to pursue an easement for distribution lines was not an abandonment under R.C. 163.21. We agree with the trial court’s finding that Ohio Power’s Washington App.”
Ohio Power Co. v. Burns, 2024 Ohio 3364 (Ohio Ct. App. 2024). “[Ohio Power’s] withdrawal of the word “distribution” from its proposed Easements do [sic] not institute an “abandonment of “appropriation proceedings” under R.C. 163.21. 10. The Court concludes that the appropriations sought by [Ohio Power] in each of the above- referenced…”
Montz Sales & Serv., Inc. v. City of Barberton, 460 N.E.2d 1159 (Ohio Ct. App. 1983).
Akron-Canton Chapter, Am. Subcontractors Ass'n v. Ohio Dep't of Admin. Servs., 486 N.E.2d 116 (Ohio Ct. App. 1984).
— Ohio Rev. Code § 163.21(B)(1) — 2 cases
Ohio Power Co. v. Burns, 2021 Ohio 2714 (Ohio Ct. App. 2021). “{¶4} Finally, Landowners argue that the trial court erred in concluding that Ohio Power’s decision not to pursue an easement for distribution lines was not an abandonment under R.C. 163.21. We agree with the trial court’s finding that Ohio Power’s Washington App.”
Putnam Cty. Bd. of Commrs. v. Patrick Bros., 2019 Ohio 3722 (Ohio Ct. App. 2019).
— Ohio Rev. Code § 163.21(B)(1)(a) — 1 case
Putnam Cty. Bd. of Commrs. v. Patrick Bros., 2019 Ohio 3722 (Ohio Ct. App. 2019).
— Ohio Rev. Code § 163.21(B)(1)(b) — 2 cases
State ex rel. New Wen, Inc. v. Marchbanks (Slip Opinion), 2020 Ohio 4865 (Ohio 2020). “Likewise, attorney fees shall be awarded when an agency abandons its appropriation action, R.C. 163.21(A)(2)(b), or when the owner prevails in the appropriation proceeding and the appropriation does not occur, R.”
Bd. of Trs. of Sinclair Cmty. Coll. Dist. v. Farra, 929 N.E.2d 1105 (Ohio Ct. App. 2010).
— Ohio Rev. Code § 163.21(C) — 1 case
Bd. of Trs. of Sinclair Cmty. Coll. Dist. v. Farra, 929 N.E.2d 1105 (Ohio Ct. App. 2010).
— Ohio Rev. Code § 163.21(C)(1) — 1 case
Bd. of Trs. of Sinclair Cmty. Coll. Dist. v. Farra, 929 N.E.2d 1105 (Ohio Ct. App. 2010).
— Ohio Rev. Code § 163.21(C)(2) — 1 case
Wray v. Gahm Props., Ltd., 2018 Ohio 50 (Ohio Ct. App. 2018). “Gahm Properties filed a motion for an award of costs and expenses under R.C. 163.21(C)(2). ODOT opposed the motion and requested discovery and an evidentiary hearing.”
— Ohio Rev. Code § 163.21(C)(5)(b) — 1 case
Bd. of Trs. of Sinclair Cmty. Coll. Dist. v. Farra, 929 N.E.2d 1105 (Ohio Ct. App. 2010).
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