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OH HB64

Bill

Status

Introduced

2/21/2023

Primary Sponsor

Darrell Kick

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Origin

House of Representatives

135th General Assembly (2023-2024)

AI Summary

H.B. 64 - Eminent Domain Modifications

  • Restricts the definition of "public use" to exclude takings for private commercial enterprises, economic development, or revenue generation, except for specific entities like public utilities and port authorities.

  • Requires agencies to provide written good faith offers to property owners at least 30 days before filing appropriation proceedings, with such offers becoming the minimum award of compensation that cannot be reduced.

  • Establishes that owners may bring inverse condemnation actions against appropriating authorities for procedural violations, with prevailing owners entitled to reasonable attorney's fees and damages.

  • Changes burden of proof standards in appropriation proceedings, requiring agencies to prove necessity by "clear and convincing evidence" and making regulatory approvals rebuttable rather than irrebuttable presumptions of necessity.

  • Creates grounds for elected officials to veto appropriations by unelected agencies when owners object in writing, and restricts park authorities from appropriating property outside their counties without legislative approval.

Legislative Description

Modify eminent domain law

State and Local Government

Last Action

Referred to committee: Civil Justice

2/28/2023

Committee Referrals

Civil Justice2/28/2023

Full Bill Text

No bill text available