Ohio Revised Code

Ohio Rev. Code § 1723.01 (2026)

Power to enter upon and appropriate land

✓ current as of May 2026

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Effective:

October 1, 1953

Latest Legislation:

House Bill 1 - 100th General Assembly

PDF:

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If a company is organized for the purpose of erecting or building dams across rivers or streams in this state to raise and maintain a head of water; for constructing and maintaining canals, locks, and raceways to regulate and carry such head of water to any plant or powerhouse where electricity is to be generated; for erecting and maintaining lines of poles on which to string wires or cables to carry and transmit electricity; for transporting natural or artificial gas, petroleum, coal or its derivatives, water, or electricity, through tubing, pipes, or conduits, or by means of wires, cables, or conduits; for storing, transporting, or transmitting water, natural or artificial gas, petroleum, or coal or its derivatives, or for generating and transmitting electricity; then such company may enter upon any private land to examine or survey lines for its tubing, pipes, conduits, poles, and wires, or to examine and survey for a reservoir, dams, canals, raceways, a plant, or a powerhouse, and to ascertain the number of acres overflowed by reason of the construction of such dams, and may appropriate so much of such land, or any right or interest therein, as is deemed necessary for the laying down or building of such tubing, conduits, pipes, dams, poles, wires, reservoir, plant, powerhouse, storage yards, wharves, bridges, workshops, receiving and delivery structures or facilities, pumping stations, and any other buildings, structures, appliances, or facilities necessary to the purposes of such companies, as well as the land overflowed, and for the erection of tanks and reservoirs for the storage of water for transportation and the erection of stations along such lines.

Notes of Decisions

Cited in 10 cases (1 in the last 5 years), 1997–2022 · leading case: Sunoco Pipeline L.P. v. Teter, 2016 Ohio 7073 (Ohio Ct. App. 2016).

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Sunoco Pipeline L.P. v. Teter, 2016 Ohio 7073 (Ohio Ct. App. 2016). · cites it 35× “The first is whether pure propane and pure butane are petroleum for the purposes of R.C. 1723.01, which permits common carriers to appropriate land.”

Kinder Morgan Cochin L.L.C. v. Simonson, 2016 Ohio 4647 (Ohio Ct. App. 2016). · cites it 14× “{¶11} On December 10, 2015, the trial court issued a judgment entry finding that: (1) Kinder Morgan is a common carrier; (2) this Court's decision in Henley required a broad reading of the term "petroleum" as used in R.C. § 1723.01 and that natural gas liquids fell within such a…”

Ohio River Pipe Line, LLC v. Gutheil, 761 N.E.2d 633 (Ohio Ct. App. 2001). · cites it 12× “Pursuant to R.C. 1723.01, a private company “organized for the purpose of * * * transporting *697 natural or artificial gas, petroleum, coal or its derivatives, * * * through tubing, pipes or conduits” has the authority to “appropriate so much of such land, or any right or…”

Ohio River Pipe Line, LLC v. Henley, 761 N.E.2d 640 (Ohio Ct. App. 2001). · cites it 2× “For the first time, appellees argued that Ohio River Pipe Line did not qualify under R.C. 1723.01 to appropriate an easement because the intended purpose of the pipeline was not that specified by the statute.”

Nexus Gas Transmission, L.L.C. v. Houston, 2016 Ohio 5771 (Ohio Ct. App. 2016). · cites it 26× “The trial court granted Nexus’ motion for partial summary judgment, declaring that Nexus had a statutory right to access the properties to conduct survey activities 2 under both R.C. 1723.01 and R.C. 163.03. The trial court certified its entry in accordance with Civ.”

Hay v. Summit Funding, Inc., 2017 Ohio 8261 (Ohio Ct. App. 2017). · cites it 2× “Simonson, 2016-Ohio- 4647, 66 N.E.3d 1176 (5th Dist.”

Akron Hydroelectric Co. v. City of Cuyahoga Falls, 716 N.E.2d 780 (Ohio Ct. App. 1998). · cites it 6× “01, it had been granted the right of eminent domain by R.C. 1723.01 et seq. and 4933.15. Defendants answered, denying that AHC had *756 authority to appropriate Parcel Í05 1 and later moved for summary judgment.”

St. Albans Twp. Bd. of Trs. v. Columbia Gas Transmission Corp., 688 N.E.2d 48 (Ohio Ct. App. 1997). · cites it 2× “The plaintiffs maintain that R.C. 1723.01 required the defendant to obtain permission from the township to place a gas line under the roadway, and the records do not reflect any permission.”

Nexus Gas Transm., L.L.C. v. Sprague, 2016 Ohio 4901 (Ohio Ct. App. 2016). · cites it 6× “Pursuant to R.C. 1723.01 and R.C. 163.03 NEXUS has the right to enter onto the [appellees’] property without permission for the purpose of conducting Survey Activities[;] 4.”

Caldwell v. Knox Energy Coop. Ass'n, Inc. (S.D. Ohio 2022). · cites it 4× “Ohio Rev. Code § 1723.01, et seq. The appropriation referred to in § 1723.”

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