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Environmental Site Assessment Guidelines - Ohio Department of ...

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ORC §163.03 Entry upon real property; notice; damages.<br />

Any agency may, upon the notice prescribed in this section, prior to or subsequent to the filing <strong>of</strong> a<br />

petition pursuant to Section 163.05 <strong>of</strong> the Revised Code, enter upon any lands, waters, and premises<br />

for the purpose <strong>of</strong> making such surveys, soundings, drillings, appraisals, and examinations as are<br />

necessary or proper for the purpose <strong>of</strong> the agency. Under Sections 163.01 to 163.22, inclusive, <strong>of</strong> the<br />

Revised Code, and such entry shall not constitute a trespass. Notice <strong>of</strong> such proposed entry shall be<br />

given to the owner or the person in possession by such means as are reasonably available not less<br />

than forty-eight (48) hours or more than thirty (30) days prior to the date <strong>of</strong> such entry.<br />

The agency shall make restitution or reimbursement for any actual damage, resulting to such lands,<br />

waters, and premises and to improvements or personal property located in, on, along, over, or under<br />

such lands, water, and premises, as a result <strong>of</strong> such activities. If the parties are unable to agree upon<br />

restitution or other settlement, damages are recoverable by civil action to which the state or agency<br />

hereby consents.<br />

HISTORY: 131 v 180. Eff 1-1-66.<br />

ORC § 5517.01 Proposed projects; claims arising from execution <strong>of</strong> survey; unloading points<br />

and routes for transportation <strong>of</strong> materials.<br />

The director <strong>of</strong> transportation shall make a map in outline and pr<strong>of</strong>ile, and plans, specifications,<br />

pr<strong>of</strong>iles, and estimates covering proposed projects. When completed the director shall indorse upon<br />

such maps, pr<strong>of</strong>iles, plans, specifications, and estimates <strong>of</strong> quantities his approval <strong>of</strong> the same and<br />

cause one copy there<strong>of</strong> to be placed on file in his <strong>of</strong>fice and another in the <strong>of</strong>fice <strong>of</strong> the district deputy<br />

director <strong>of</strong> transportation, for public inspection on or before starting the publication <strong>of</strong> notice to bidders.<br />

The director may sell prints or copies <strong>of</strong> any plans, specifications, or contracts for a charge not to<br />

exceed the cost <strong>of</strong> such prints or copies. The money received from such sale shall be deposited with<br />

the state treasury to the credit <strong>of</strong> the appropriate fund.<br />

In the execution <strong>of</strong> any survey authorized by the director, any person, firm, or corporation, without<br />

doing unnecessary injury thereto, may enter upon any lands within the state for the purpose <strong>of</strong><br />

inspecting, surveying, leveling, or doing any work deemed necessary to carry out Chapters 5501.,<br />

5503., 5511., 5512. /D, 5513., 5515., 5516., 5517., 5519., 5521., 5523., 5525., 5527., 5528., 5529.,<br />

5531., 5533., and 5535. <strong>of</strong> the Revised Code. If the person, firm, or corporation, whose premises are<br />

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