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OH HB698
Bill
Status
6/7/2022
Primary Sponsor
Darrell Kick
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AI Summary
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Requires agencies to provide 30-day notice and a written good faith offer before initiating eminent domain proceedings, with the initial offer serving as a minimum award that cannot be reduced by the agency.
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Establishes that "public use" does not include takings for private commercial enterprises, economic development, or increased public revenue, except for utilities, common carriers, and blighted property with preponderance of evidence standard.
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Prohibits agencies from using emergency ordinances to designate blighted property and allows elected officials to veto appropriations by unelected agencies when property owners object in writing.
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Creates inverse condemnation cause of action allowing owners to sue if agencies acquire property without following required procedures, with courts awarding reasonable compensation, damages, and attorney's fees.
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Establishes "clear and convincing" evidence burden for agencies to prove necessity and public use, increases timelines for court proceedings from 20 to 90 days, and allows owners immediate appeal rights when courts rule in agency's favor on necessity questions.
Legislative Description
Revise eminent domain law
State and Local Government
Last Action
Refer to Committee: Civil Justice
11/15/2022