2006 Ohio Revised Code - 163.21. Proceedings may be abandoned within ninety days; payment of fees and expenses.

§ 163.21. Proceedings may be abandoned within ninety days; payment of fees and expenses.
 

(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)  Except as provided in division (B)(2) of this section, if in appropriation proceedings under sections 163.01 to 163.22 of the Revised Code or, as authorized by divisions (B), (C), and (D) of section 163.02 of the Revised Code, in appropriation proceedings under other sections of the Revised Code, 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 witness fees, including expert witness fees, for attorney's fees, and for other actual expenses that the owner incurred in connection with the proceedings. 

(2) This division does not apply to a state agency that is subject to section 163.62 of the Revised Code in connection with condemnation proceedings. 
 

HISTORY: 131 v 189 (Eff 1-1-66); 142 v H 57. Eff 9-10-87.
 

The provisions of § 3 of HB 57 (142 v  - ) read as follows: 

SECTION 3. (A) It is the intent of the General Assembly in the enactment of new division (B) of section 163.21 of the Revised Code in this act to add the necessary provisions in sections 163.01 to 163.22 of the Revised Code to address the holding of the Supreme Court of Ohio in Ohio Edison Co. v. Franklin Paper Co., 18 Ohio St.3d 15 (1985) that an award of attorney's fees and expenses was not authorized when an agency did not prevail in appropriation proceedings under those sections. 

(B) It is the intent of the General Assembly in the revisions to former divisions (A) and (B) of section 163.21 of the Revised Code made in this act to consolidate abandonment of appropriation proceedings provisions and to codify court clarifications of those provisions, including the clarifications of the Supreme Court of Ohio in Ohio Edison Co. v. Franklin Paper Co., 18 Ohio St.3d 15 (1985) and of the Court of Appeals for Ashland County in Dept. of Natural Resources v. Sellers, 14 OApp2d 132 (1968).