Jury nets Ohio 7 business nearly $400,000
Domain case connected to road projectBy Evan Bevins, ebevins@mariettatimes.com
A jury said Thursday that the state of Ohio must pay a local business more than $200,000 more than originally offered for a portion of its property needed for the widening of Ohio 7.
A decision was reached in the eminent domain action around 5 p.m. Thursday, said Ethan Vessels, an attorney for the company, Joy-Wagner Rental Equipment Inc.
According to Vessels, the state took possession of the property in September and paid the business about $123,000. After a three-day trial in front of Washington County Common Pleas Judge Ed Lane, an eight-person jury decided the business was owed a total of $389,399 for the piece of land at 1250 Pike St., where United Rentals is the current tenant.
Saleh Eldabaja, production administrator for the Ohio Department of Transportation District 10, said he had no comment on the verdict itself, but noted the property owner had sought $512,000.
The $14.5 million project started in the latter part of 2007 and, prior to delays, had been scheduled to finish in October 2009. It will expand Ohio 7 from Interstate 77 to the Dimex building beyond Reno from three lanes to four, with a raised median and turn lanes at certain points.
Vessels, who represented Joy-Wagner with Columbus attorney Michael Braunstein, said the road had been more than 20 feet away from buildings on the property, but after the project it will be less than 10 feet away. The project will also make United Rentals inaccessible from Ohio 7, he said.
"The main access point onto State Route 7 is being closed by the Ohio Department of Transportation to be able to increase the flow of traffic," Vessels said.
Vehicles will now have to access the property from Mitchell Lane and Electra Avenue, he said.
Vessels said the state argued the project did not affect the value of the buildings or property.
The state had to acquire more than 100 parcels of land for the project, Eldabaja said.
The process is not an unusual one, he said. When preparing to acquire a parcel of land, the state appraises it and makes an offer to the property owner. If the owner disagrees, the sides can negotiate.
If a price is not agreed upon, the state brings an eminent domain action and deposits the amount of its initial offer with the property owner. Negotiations can continue, but if an agreement is not reached, a jury will hear evidence from both sides and make a decision.
Eldabaja said the state could appeal the verdict, but that is uncommon.
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Parrothead
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07-25-08 11:12 PM
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I bet the owners of the Parkersburg Holiday Inn wish they could have had this jury! They lost their business because of road consttruction and were awarded = NOTHING!
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Darby1952
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07-25-08 7:56 PM
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The rich keep gettin richer!!!
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Indian
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07-25-08 5:18 PM
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I would lik eto be awarded some cash for my inconvenience.
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