Ohio Revised Code

Ohio Rev. Code § 743.39 (2026)

Right of eminent domain in municipal corporations for public service enterprises

✓ current as of May 2026
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For the purpose of erecting or building dams across rivers or streams to raise and maintain a head of water, constructing and maintaining canals, locks, and race ways to regulate and carry such head of water to a plant or power house where electricity is to be generated, erecting and maintaining poles whereon to attach or sink wires or cables to carry and transmit electricity, transporting natural gas, petroleum, water, or electricity through or by means of tubing, pipes, conduits, wires, or cables, storing, transporting, or transmitting water, natural gas, or petroleum, or generating and transmitting electricity, a municipal corporation may enter upon any private land to examine or survey lines for such tubing, pipes, conduits, poles and wires, reservoirs, dams, canals, race ways, plant, or power house and to ascertain the number of acres overflowed by reason of the construction of such dams. The municipal corporation may appropriate so much thereof as is necessary for the laying down or building of such facilities and for the erection of tanks and reservoirs for the storage of water for transporting stations along such lines, and such buildings as are necessary for such purpose, as well as land overflowed.

Notes of Decisions
Cited in 1 case, 2016–2016 · 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 6× “01 in conjunction with R.C. 743.39. R.C. 1743.01 is the statute on a private company appropriating land.”
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