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Land
Acquisition Policy
Brochure (PDF) ·
Real
Estate
Department ·
Ohio
Department of Transportation Office of Real Estate
The County Engineer's Office is responsible for
the maintenance and construction needs of 276 miles of county roadway and 355
county bridges. In performing these duties it is often necessary to purchase
additional right-of-way for the building of wider pavement widths that meet
increasing traffic and safety demands, and to replace deficient bridges.
If
you own property or occupy a dwelling near a proposed road or bridge
improvement, you should familiarize yourself with the working procedures of the
County Engineer’s Office, and how you may be affected by the construction
work.
This policy
statement explains what your rights are as a property owner, and provides
answers to some of the questions you may have about the land acquisition
process.
Acquiring
Needed Land
Following the
identification of needed property for one of our construction projects, the Real
Estate Department is instructed to begin their appraisals and direct
negotiations with property owners for the purchase of this land and any
buildings required.
The Engineer’s
office adheres to a policy of open discussion to reach mutual agreements that
provide every property owner with full and just compensation based on the fair
market value of the property being purchased, including any loss of value of
remaining property.
Appraisal
of Fair Market Value
The
first step in the acquisition of property is the real estate appraisal conducted
by a
qualified professional appraiser that estimates the fair market value of the
needed land.
The term “fair
market value” is defined by Ohio law as the amount of money a property will
bring if offered for sale on the open market. Because the determination of fair
market value is the very basis of purchase negotiations, it is of fundamental
importance that this amount be carefully estimated.
The professional
appraiser will determine fair market value by comparing the needed property to
other similar properties that have sold recently in the area, and by conducting
property inspections.
You will have the
opportunity to accompany the appraiser on the inspection of your property, and
to show all features that may affect its value. The inspector should see the
exteriors and interiors of all buildings, utilities, underground facilities,
landscaping, and all improvements that have been made to the property.
Negotiating
an Agreement
As
in all real estate transactions, negotiations and the exchange of views are
essential in reaching an agreement satisfactory to both parties.
Franklin
County’s representatives in these discussions are the Right-of-Way Agents.
Their primary duty is to assist you through the
process of selling land or buildings to the County.
The
Right-of-Way Agents are responsible for explaining the nature of proposed road and
bridge construction, its effect on your property, and answering your questions
in an efficient manner.
Based on the highest
supportable property appraisal, the Right-of-Way Agents will make you a written
offer the first time specific values or sale prices are discussed, and attempt
to negotiate a resolution to opposing opinions.
When
an agreement is reached, the Right-of-Way Agents will have the necessary papers
and documents prepared, assist you in filling them out, and make arrangements
for the payment of the agreed purchase price.
The Right-of-Way Agents will
also help you become released from mortgages and other liens, as well as provide
for the proper recording of the documents in the deed records.
Your
Legal Rights
The Ohio Constitution permits the County to acquire
your property for a transportation project provided that you are paid just
compensation. There is no requirement, however, that you reach a settlement with
Franklin County for the sale of your property.
To fully protect
your rights, the laws of Ohio provide that just compensation (the fair market
value of your property) can be determined by a local jury, if you should so
choose.
In the event
Franklin County does not reach an agreement in purchasing your property, the
County Engineer will request the County Prosecutor’s Office to initiate such
action as is necessary to acquire the land by appropriation. An action will then
be filed with the Court of Common Pleas of the Probate Court.
At the same time, the County Engineer will
deposit with the Clerk of Courts the amount of money that Franklin County has
determined to be just compensation for the property taken and damages to the
remainder of the property, if any.
Once the money is
deposited, you may apply to the court for the full amount minus financial
obligations such as taxes, mortgages, assessments, and liens.
The fact that you
withdraw the money from the court does not affect your rights to have a jury
determine the value of the property. The only restriction is that once the sum
is made available to you, interest will not accrue even if left on deposit with
the court.
If you decide to
accept the deposit amount as full compensation, no further action on your part
is required. Title to the property will be automatically transferred to the
County by an entry of the court. However, if you wish to contest the case, you
must appeal the County’s offer by filing the appropriate appeal documents with
the court in the statutory time period, which can be as short as 15 days.
The court will then set a trial date for a jury to hear testimony from
you and the County so that an impartial verdict can be reached.
Even though a trial
date has been set, further negotiation is still possible. If an agreement is
reached, formal settlement can be accomplished with approval of the court.
It is important to
note that when the County Engineer has placed the money on deposit with the
court, the County may enter upon and use your land. It may not, however, use or
demolish any structure until the jury has had an opportunity to view the
property or an appraisal has been filed with the court.
The purpose of the structure appraisal is to
ensure that the jury will have the adequate information on which to make their
findings.
Detailed photos are taken of the exterior and
interior of all structures and three appraisers (one of your choice, one
appointed by the court and one selected by the County) file their independent
value opinions with the court. Through this process, the County Engineer may
secure physical possession of any structure as early as 60-days after the
serving of a summons for the appropriation case.
Disposal
of Buildings
Vacant buildings
must be provided for in a timely manner to deter accidents or criminal
activities involving those who trespass on the property.
Such structures, if
not rented, are normally disposed of through a public sale or demolition
contract.
If
you decide to exercise your right to keep your structure and relocate it from
the proposed right-of-way, you must make these arrangements during your
negotiations with the County.
All salvage work is
your responsibility, and the value of any saved structure will be deducted from
the settlement amount.
Thank
You!
We
greatly appreciate your understanding of the land acquisition process. Your
cooperation will guarantee our success in assisting you to attain the fairest
compensation for your property. It is our goal to build transportation
improvement projects that benefit everyone in the county.
For more
information, please contact our Real Estate Department at (614) 462-3038.
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