§ 909.04. Ordinance to appropriate—Determination of value.

After service of notice of the resolution of intent to appropriate, the city council may pass an ordinance directing the appropriation to proceed. Except in appropriation actions for the purpose of making or repairing roads, or other public exigencies under Section 19, Article I, Ohio Constitution, which shall be governed by Chapter 163, Revised Code, if possession of the property is necessary prior to the assessment of compensation by a jury, city council shall in such ordinance declare the city's intention and necessity to obtain immediate possession of the property appropriated and shall secure the payment of the compensation that might be assessed by a jury by causing the deposit with the Court of Common Pleas of Franklin County, as security, of a sum of money not less than the appraised value of the property, as determined by an independent, qualified appraiser retained by the city, plus sixty (60) percent of such appraised value. That portion of the security deposit designated as the appraised value may be withdrawn by the owner prior to the final verdict. Upon the deposit of such security with said court the city may take possession of and enter upon said property, including the buildings and structures, thereon, for the purposes for which the property was appropriated, and, if buildings or structures are located partly upon the land appropriated and partly upon the adjoining land, so that such buildings or structures cannot be divided upon the line between such lands without manifest injury thereto, the city may enter upon such adjoining land upon which any part of the buildings or structures are located for the purpose of removing said buildings or structures.

(Ord. 986-72.)