The eminent domain process in Ohio can take several months or longer than a year. The timeline depends on property appraisals, negotiations and whether the owner challenges the taking or the amount of compensation. Understanding each stage can help property owners prepare for what comes next.
What factors affect the timeline?
Simple cases may settle within a few months if both sides agree on the property’s value. Disputes over fair market value, the need for the taking or the property’s use can take longer.
Appraisals also affect the timeline. The public agency typically makes an offer based on its valuation. An owner may obtain an independent appraisal to challenge that amount. Reviewing competing valuations can add time but may help establish fair compensation.
How do negotiations affect the process?
Many disputes settle before trial. Negotiations may take several weeks or months, depending on the difference between the agency’s offer and the owner’s valuation.
If the parties cannot agree, the agency may file an appropriation case in court. The owner can challenge whether the agency has the legal right to take the property or dispute the amount of compensation. These issues can extend the process.
How does litigation affect the timeline?
Court proceedings can extend a case by many months or longer. The court may need to decide whether the agency can legally take the property before a jury determines compensation.
Under Ohio Revised Code § 163.14, a jury generally assesses compensation for the property taken and damages to any remaining property. The parties may waive a jury trial and use another permitted procedure.
Ohio law also limits when an agency can take possession before compensation is determined. Under § 163.06, certain qualifying agencies may take possession after depositing the estimated value with the court. Special rules apply to road and rail projects. The right to take possession depends on the type of project and the agency’s legal authority.
Preparing for the process
There is no single timeline for every eminent domain case. Owners can prepare by reviewing the agency’s offer, gathering property records and considering an independent appraisal. Speaking with an Ohio eminent domain attorney early may help clarify the available options and likely next steps.
