May Property Owner File Counterclaim Against ODOT as Part of Local Appropriation Action?
Gordon Proctor, Director, Ohio Department of Transportation v. Kathy Kardassilaris et al. and Richard L. Blank et al., Case nos. 2006-1242 and 2006-1243 11th District Court of Appeals (Trumbull County) ISSUE: When the Director of the Ohio Department of Transportation has filed petitions in a court outside of Franklin County appropriating private property for a highway improvement project, and those appropriation actions are still pending, may property owners who are parties to the appropriation actions file counterclaims in their respective cases seeking additional compensation from the state for additional takings and damage to their property that occurred during the actual performance of the highway improvement project but are not provided for in the director’s pending petitions? BACKGROUND: Acting under the Ohio statutes that authorize the state to appropriate private property and infringe property rights in order to build and maintain public roads, the Director of the Ohio Departme
Related Questions
- If I file an Ad Valorem Tax Report, do I need to file a tangible personal property schedule with the local county assessors office?
- When is it necessary to file a separate and distinct action for recovery of ownership or possession of property?
- How will a property owner know if EPA intends to file a windfall lien on his or her property?
