Are Negotiations Required in Eminent Domain Cases?

Section 163.04 of the Ohio Revised Code requires the condemning authority to attempt to come to an agreement with the landowner before filing an eminent domain case. Only after it is clear that the parties are unable to agree, for whatever reason, may the condemning authority proceed with the appropriation. The efforts that are required by the condemning authority to reach an agreement are set forth in Ohio Revised Code section 163.59. The purposes of the section 163.04 negotiations are to expedite the acquisition of real property by agreement, avoid litigation, assure consistent treatment for owners, and promote public confidence in acquisition practices. Ohio Rev. Code § 163.59.

The statute further provides that before the commencement of the negotiations, the real property to be acquired shall be appraised and the owner or an owner’s representative shall have an opportunity to accompany the appraiser. Also, as part of the required negotiations, the condemning authority must establish just compensation for the property to be taken and make an offer to acquire the property for no less than the full amount so established. The property owner is entitled to a copy of the appraisal and to comment thereon in cases in which the appraisal is greater than ten thousand dollars.