Can a Condemning Authority Abandon Appropriation Proceedings?

A condemning authority may abandon appropriation proceedings any time after the commencement of the proceedings until 90 days after “the final determination of the cause,” but only if it has not previously taken possession of the property. Ohio Rev. Code § 163.21(A)(1). Taking possession does not mean that the condemning authority’s project must be complete. In 2011 an Ohio appellate court held that a condemning authority had taken possession, and so could not longer abandon the appropriation, where its contractors had entered the property and begun work. Therefore, whether a condemning authority has taken possession depends on facts and circumstances of each individual case.

If a condemning authority abandons the appropriation proceedings, then it will be liable to the property owner for attorneys fees, witness fees, and additional litigation costs incurred by the property owner in defending against the appropriation. Ohio Rev. Code § 163.21(A)(2)..