§ 721-13. Acquisition of Property Prior to Payment Therefor.  


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  • When council has authorized a street improvement requiring the acquisition and use of unimproved private property and the city has been unable to negotiate the purchase of such property, the city manager shall, if the public convenience and welfare requires the construction of such street improvement at the earliest possible date, submit to council a report identifying the street improvement involved and the unimproved property needed, but not yet acquired, and recommending that the city should proceed with the construction of such street improvement over and across such unimproved property without first paying to the owner or owners thereof compensation therefor.

    Upon receipt of the report by council, it shall be referred to the public works committee of council. The public works committee shall fix a date for a hearing before the committee on the question of proceeding with the construction of the street improvement over and across the unimproved property without first paying to the owners thereof compensation therefor, and notice of the hearing shall be given at least 10 days prior to the date of hearing to the owners of such property by certified mail, or by leaving the notice at the owner's last known address. Failure of delivery of such notice shall not affect the validity of the proceedings. At the hearing any owner or owners of unimproved property to be taken prior to the payment of compensation therefor may be heard, either personally or through an authorized representative.

    After the hearing the public works committee shall submit its recommendation to council. Thereafter, if upon consideration of the matter council, by motion, determines that the city should proceed with the construction of the street improvement involved over and across such unimproved property without first paying to the owner or owners thereof compensation therefor, then the city manager is authorized to and shall proceed with the construction of the improvement over and across such unimproved property without first paying to the owner or owners thereof compensation therefor.

    In all such cases, except those in which there is dispute between the city and private persons with respect to whether the unimproved property is owned by the city or such private persons, the city solicitor shall, prior to the letting of the contract for the construction of the street improvement, make application to the Court of Common Pleas for impaneling a jury, pursuant to Chapter 719 of the Revised Code of Ohio, to inquire into the compensation to be paid by the city for the unimproved property to be so taken. Interest shall be paid by the city on the value of each piece of such property so taken from the date of the taking to the date of the payment for the property.

    As used in this section, the following terms shall have the meaning ascribed to them herein:

    (a)

    "Street improvement" shall mean construction, reconstruction, repair, widening, making or improving or any combination thereof, of any public street.

    (b)

    "Unimproved property" shall mean any land upon which no building or part of a building is physically located regardless of whether such land is a part of a lot or parcel of land on which a building or buildings are located.

(Sec. 701-7; ordained by Ord. No. 388-1958, eff. Nov. 5, 1958; a. Ord. No. 65-1964, eff. Feb. 26, 1964; renumbered to C.M.C. 721-13, eff. Jan. 1, 1972)