Ohio Rev. Code » Chapter 163
Ohio Revised Code

Ohio Rev. Code § 163.59 (2026)

Policy for land acquisition

✓ current as of May 2026
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Effective:
September 6, 2002
Latest Legislation:
House Bill 426 - 124th General Assembly
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In order to encourage and expedite the acquisition of real property by agreements with owners, to avoid litigation and relieve congestion in the courts, to assure consistent treatment for owners in the many state and federally assisted programs, and to promote public confidence in public land acquisition practices, heads of acquiring agencies shall do or ensure the acquisition satisfies all of the following:

(A) The head of an acquiring agency shall make every reasonable effort to acquire expeditiously real property by negotiation.

(B) In order for an acquiring agency to acquire real property, the acquisition shall be for a defined public purpose that is to be achieved in a defined and reasonable period of time. An acquisition of real property that complies with section 5501.31 of the Revised Code satisfies the defined public purpose requirement of this division.

(C) Real property to be acquired shall be appraised before the initiation of negotiations, and the owner or the owner's designated representative shall be given a reasonable opportunity to accompany the appraiser during the appraiser's inspection of the property, except that the head of the lead agency may prescribe a procedure to waive the appraisal in cases involving the acquisition by sale or donation of property with a low fair market value. If the appraisal values the property to be acquired at more than ten thousand dollars, the head of the acquiring agency concerned shall make every reasonable effort to provide a copy of the appraisal to the owner. As used in this section, "appraisal" means a written statement independently and impartially prepared by a qualified appraiser, or a written statement prepared by an employee of the acquiring agency who is a qualified appraiser, setting forth an opinion of defined value of an adequately described property as of a specified date, supported by the presentation and analysis of relevant market information.

(D) Before the initiation of negotiations for real property, the head of the acquiring agency concerned shall establish an amount that the head of the acquiring agency believes to be just compensation for the property and shall make a prompt offer to acquire the property for no less than the full amount so established. In no event shall that amount be less than the agency's approved appraisal of the fair market value of the property. Any decrease or increase in the fair market value of real property prior to the date of valuation caused by the public improvement for which the property is acquired, or by the likelihood that the property would be acquired for that improvement, other than that due to physical deterioration within the reasonable control of the owner, will be disregarded in determining the compensation for the property.

The head of the acquiring agency concerned shall provide the owner of real property to be acquired with a written statement of, and summary of the basis for, the amount that the head of the acquiring agency established as just compensation. Where appropriate, the just compensation for real property acquired and for damages to remaining real property shall be separately stated.

The owner shall be given a reasonable opportunity to consider the offer of the acquiring agency for the real property, to present material that the owner believes is relevant to determining the fair market value of the property, and to suggest modification in the proposed terms and conditions of the acquisition. The acquiring agency shall consider the owner's presentation and suggestions.

(E) If information presented by the owner or a material change in the character or condition of the real property indicates the need for new appraisal information, or if a period of more than two years has elapsed since the time of the appraisal of the property, the head of the acquiring agency concerned shall have the appraisal updated or obtain a new appraisal. If updated appraisal information or a new appraisal indicates that a change in the acquisition offer is warranted, the head of the acquiring agency shall promptly reestablish the amount of the just compensation for the property and offer that amount to the owner in writing.

(F) No owner shall be required to surrender possession of real property before the acquiring agency concerned pays the agreed purchase price, or deposits with the court for the benefit of the owner an amount not less than the agency's approved appraisal of the fair market value of the property, or the amount of the award of compensation in the condemnation proceeding for the property.

(G) The construction or development of a public improvement shall be so scheduled that no person lawfully occupying real property shall be required to move from a dwelling, or to move the person's business or farm operation, without at least ninety days' written notice from the head of the acquiring agency concerned of the date by which the move is required.

(H) If the head of an acquiring agency permits an owner or tenant to occupy the real property acquired on a rental basis for a short term or for a period subject to termination on short notice, the amount of rent required shall not exceed the fair rental value of the property to a short-term occupier.

(I) In no event shall the head of an acquiring agency either advance the time of condemnation, or defer negotiations or condemnation and the deposit of funds in court for the use of the owner, or take any other action coercive in nature, in order to compel an agreement on the price to be paid for the real property.

(J) When any interest in real property is acquired by exercise of the power of eminent domain, the head of the acquiring agency concerned shall institute the formal condemnation proceedings. No head of an acquiring agency shall intentionally make it necessary for an owner to institute legal proceedings to prove the fact of the taking of the owner's real property.

(K) If the acquisition of only part of a property would leave its owner with an uneconomic remnant, the head of the acquiring agency concerned shall offer to acquire that remnant. For the purposes of this division, an uneconomic remnant is a parcel of real property in which the owner is left with an interest after the partial acquisition of the owner's property and which the head of the agency concerned has determined has little or no value or utility to the owner.

An acquisition of real property may continue while an acquiring agency carries out the requirements of divisions (A) to (K) of this section.

This section applies only when the acquisition of real property may result in an exercise of the power of eminent domain.
Notes of Decisions
Cited in 15 cases (4 in the last 5 years), 1983–2025 · leading case: State ex rel. Ohio History Connection v. Moundbuilders Country Club Co., 2022 Ohio 4345 (Ohio 2022).
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State ex rel. Ohio History Connection v. Moundbuilders Country Club Co., 2022 Ohio 4345 (Ohio 2022). · cites it 14× “The relevant provisions here are R.C. 163.59 and 163.041 and divisions of R.”
State ex rel. Ohio History Connection v. Moundbuilders Country Club Co., 2020 Ohio 276 (Ohio Ct. App. 2020). · cites it 5× “{¶29} Appellee responds in part that R.C. 163.59 only applies in cases of “displaced persons” as defined elsewhere in the statute, although it cites no case law in support.”
Weir v. Kebe, 503 N.E.2d 177 (Ohio Ct. App. 1985). · cites it 9× “” R.C. 163.59 provides that: “In order to encourage and expedite the acquisition of real property by agreements with owners, to avoid litigation and relieve congestion in the courts, to assure consistent treatment for owners in the many state programs, and to promote public…”
City of Wadsworth v. Yannerilla, 866 N.E.2d 1113 (Ohio Ct. App. 2006). · cites it 10× “R.C. 163.59. The trial court found that Wadsworth had failed to negotiate in good faith with the landowners by failing to consider the landowners’ request for a guarantee that their private wells would not be affected by operation of the Chippewa Creek well.”
Cuyahoga Hts. v. Ram Supply Chain, L.L.C., 2021 Ohio 315 (Ohio Ct. App. 2021). · cites it 3× “Plain Error In the second assignment of error, Ram argues the magistrate’s decision had “plain error on its face” because none of the resolutions passed by the Village council complied with R.C. 163.59(B). R.C. 163.59(B) states, in relevant part: In order for an acquiring agency…”
Weir v. Consol. Rail Corp., 465 N.E.2d 1341 (Ohio Ct. App. 1983). · cites it 2× “do not affect the rights of parties in eminent domain actions: “(A) Section 163.59 of the Revised Code creates no rights or liabilities and shall not affect the validity of any property acquisitions by purchase or condemnation.”
Lawnfield Props., LLC v. City of Mentor, 2018 Ohio 2447 (Ohio Ct. App. 2018). · cites it 20× “Rather, Mentor argues that appellant's residual-damage argument is merely a challenge to the methodology employed by Mr.”
Eschtruth Invest. Co. L.L.C. v. Amherst, 2011 Ohio 3251 (Ohio Ct. App. 2011). · cites it 13× “{¶13} Section 163.59 of the Ohio Revised Code addresses policies for public land acquisition.”
State ex rel. New Wen, Inc. v. Marchbanks (Slip Opinion), 2020 Ohio 4865 (Ohio 2020). “For example, R.C. 163.59(J) provides that “[n]o head of an acquiring agency shall intentionally make it necessary for an owner to institute legal proceedings to prove the fact of the taking of the owner’s real property.”
Putnam Cty. Bd. of Commrs. v. Weis, 2019 Ohio 3720 (Ohio Ct. App. 2019). · cites it 6× “041, and R.C. 163.59(E), by “neglecting to serve” a good-faith offer, and by failing to obtain new appraisals and title work when the appropriation action was filed this time.”
City of Dublin v. Pewamo Ltd., 954 N.E.2d 1225 (Ohio Ct. App. 2011). “{¶ 42} R.C. 163.59(E) requires a public agency, after two years have passed since the date of the initial appraisal, to obtain a new appraisal or to have the initial appraisal updated.”
City of Dublin v. Beatley, 2018 Ohio 3354 (Ohio Ct. App. 2018). “" The trial court held that Appellee included this property pursuant to the dictates of R.C. 163.59(K) and we conclude that the record contains competent credible evidence sufficient to support that conclusion as well as a finding and that the appellee's determination of…”
Show all 15 citing cases →
— Ohio Rev. Code § 163.59(A) — 2 cases
City of Wadsworth v. Yannerilla, 866 N.E.2d 1113 (Ohio Ct. App. 2006). “R.C. 163.59. The trial court found that Wadsworth had failed to negotiate in good faith with the landowners by failing to consider the landowners’ request for a guarantee that their private wells would not be affected by operation of the Chippewa Creek well.”
Eschtruth Invest. Co. L.L.C. v. Amherst, 2011 Ohio 3251 (Ohio Ct. App. 2011). “{¶13} Section 163.59 of the Ohio Revised Code addresses policies for public land acquisition.”
— Ohio Rev. Code § 163.59(B) — 4 cases
Cuyahoga Hts. v. Ram Supply Chain, L.L.C., 2021 Ohio 315 (Ohio Ct. App. 2021). “Plain Error In the second assignment of error, Ram argues the magistrate’s decision had “plain error on its face” because none of the resolutions passed by the Village council complied with R.C. 163.59(B). R.C. 163.59(B) states, in relevant part: In order for an acquiring agency…”
City of Wadsworth v. Yannerilla, 866 N.E.2d 1113 (Ohio Ct. App. 2006). “R.C. 163.59. The trial court found that Wadsworth had failed to negotiate in good faith with the landowners by failing to consider the landowners’ request for a guarantee that their private wells would not be affected by operation of the Chippewa Creek well.”
Atwood Reg'l Water & Sewer Dist. v. Smith, 2017 Ohio 206 (Ohio Ct. App. 2017).
Luckey v. T&S Agriventures, L.L.C., 2025 Ohio 871 (Ohio Ct. App. 2025).
— Ohio Rev. Code § 163.59(C) — 5 cases
Weir v. Kebe, 503 N.E.2d 177 (Ohio Ct. App. 1985). “” R.C. 163.59 provides that: “In order to encourage and expedite the acquisition of real property by agreements with owners, to avoid litigation and relieve congestion in the courts, to assure consistent treatment for owners in the many state programs, and to promote public…”
State ex rel. Ohio History Connection v. Moundbuilders Country Club Co., 2022 Ohio 4345 (Ohio 2022). “The relevant provisions here are R.C. 163.59 and 163.041 and divisions of R.”
State ex rel. Ohio History Connection v. Moundbuilders Country Club Co., 2020 Ohio 276 (Ohio Ct. App. 2020). “{¶29} Appellee responds in part that R.C. 163.59 only applies in cases of “displaced persons” as defined elsewhere in the statute, although it cites no case law in support.”
Algoma Grp., A Gen. P'ship v. Marchbanks, 2024 Ohio 2342 (Ohio Ct. App. 2024).
Luckey v. T&S Agriventures, L.L.C., 2025 Ohio 871 (Ohio Ct. App. 2025).
— Ohio Rev. Code § 163.59(D) — 4 cases
City of Wadsworth v. Yannerilla, 866 N.E.2d 1113 (Ohio Ct. App. 2006). “R.C. 163.59. The trial court found that Wadsworth had failed to negotiate in good faith with the landowners by failing to consider the landowners’ request for a guarantee that their private wells would not be affected by operation of the Chippewa Creek well.”
Lawnfield Props., LLC v. City of Mentor, 2018 Ohio 2447 (Ohio Ct. App. 2018). “Rather, Mentor argues that appellant's residual-damage argument is merely a challenge to the methodology employed by Mr.”
Eschtruth Invest. Co. L.L.C. v. Amherst, 2011 Ohio 3251 (Ohio Ct. App. 2011). “{¶13} Section 163.59 of the Ohio Revised Code addresses policies for public land acquisition.”
Algoma Grp., A Gen. P'ship v. Marchbanks, 2024 Ohio 2342 (Ohio Ct. App. 2024).
— Ohio Rev. Code § 163.59(E) — 3 cases
Putnam Cty. Bd. of Commrs. v. Weis, 2019 Ohio 3720 (Ohio Ct. App. 2019). “041, and R.C. 163.59(E), by “neglecting to serve” a good-faith offer, and by failing to obtain new appraisals and title work when the appropriation action was filed this time.”
City of Dublin v. Pewamo Ltd., 954 N.E.2d 1225 (Ohio Ct. App. 2011). “{¶ 42} R.C. 163.59(E) requires a public agency, after two years have passed since the date of the initial appraisal, to obtain a new appraisal or to have the initial appraisal updated.”
Lawnfield Props., LLC v. City of Mentor, 2018 Ohio 2447 (Ohio Ct. App. 2018). “Rather, Mentor argues that appellant's residual-damage argument is merely a challenge to the methodology employed by Mr.”
— Ohio Rev. Code § 163.59(F) — 1 case
Eschtruth Invest. Co. L.L.C. v. Amherst, 2011 Ohio 3251 (Ohio Ct. App. 2011). “{¶13} Section 163.59 of the Ohio Revised Code addresses policies for public land acquisition.”
— Ohio Rev. Code § 163.59(J) — 2 cases
State ex rel. New Wen, Inc. v. Marchbanks (Slip Opinion), 2020 Ohio 4865 (Ohio 2020). “For example, R.C. 163.59(J) provides that “[n]o head of an acquiring agency shall intentionally make it necessary for an owner to institute legal proceedings to prove the fact of the taking of the owner’s real property.”
Eschtruth Invest. Co. L.L.C. v. Amherst, 2011 Ohio 3251 (Ohio Ct. App. 2011). “{¶13} Section 163.59 of the Ohio Revised Code addresses policies for public land acquisition.”
— Ohio Rev. Code § 163.59(K) — 1 case
City of Dublin v. Beatley, 2018 Ohio 3354 (Ohio Ct. App. 2018). “" The trial court held that Appellee included this property pursuant to the dictates of R.C. 163.59(K) and we conclude that the record contains competent credible evidence sufficient to support that conclusion as well as a finding and that the appellee's determination of…”
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