Where Must an Eminent Domain Case Be Filed?

Jurisdiction

In Ohio, only the court of common pleas and the probate court have subject matter jurisdiction over appropriation actions. A condemning authority “may commence proceedings in a proper court (…).” Ohio Rev. Code § 163.05. In this context, “court” is defined as either the court of common pleas or the probate court. Ohio Rev. Code § 163.01(B). This also applies to appropriation cases initiated by a property owner in a mandamus action. Ohio Rev. Code § 27731. See also “Inverse Condemnation,” infra, p. 401.

Venue

Proper venue in all eminent domain cases, other than those brought by the property owner in the court of claims, is in the county in which the property or any part thereof is located. See Ohio Rev. Code § 163.01(B). Civ. R. 3(B)(5) is to the same effect. In Ohio, the complaint, also referred to as the petition to appropriate, may be filed either in the court of common pleas or in the probate court of the appropriate county. Ohio Rev. Code § 163.05 & 163.01(B).