Responding to a Petition to Appropriate

If a Petition to Appropriate has been filed against you, it is essential that you take action to protect your rights. Failure to act could result in the waiver of important legal protections for you and your property.

After being served with a Petition to Appropriate, a landowner has 28 days to file an Answer. Ohio Rev. Code § 163.08. When property is not taken in time of war or other public exigency or for the purpose of making or repairing roads that are open to the public, a property owner may provide either a general or specific denial of each material allegation not admitted. Ohio Rev. Code § 163.08.

The property owner, however, must specifically deny the condemning authority’s right to make the appropriation and provide the facts relied upon in support of the denial, the inability of the parties to agree, and the necessity of the appropriation. Ohio Rev. Code § 163.08. Should the property owner fail to plead specific facts, the court must rule in favor of the condemning authority in these three matters. Under Ohio Revised Code section 163.09, when the above three matters are in dispute, the court shall hold a hearing, not less than five nor more than fifteen days from the date the answer is filed, to hear such matters where the burden of proof is upon the owner.

When a complaint is filed by a private entity, the court must not grant more than one extension of time, not to exceed 30 days. Ohio Rev. Code § 163.08. When the condemning authority is a public entity, the court may grant more than one extension of time. Ohio Rev. Code § 163.08.