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O'NEIL v. BD. OF COMMERS.

Nos. 38835 and 38836.

3 Ohio St. 2d 53 (1965)

O'NEIL ET AL., APPELLEES, v. BOARD OF COUNTY COMMISSIONERS OF SUMMIT COUNTY ET AL., APPELLANTS. (Two cases.)

Supreme Court of Ohio.

Decided July 7, 1965.

Attorney(s) appearing for the Case

Messrs. Baker, Hostetler & Patterson, Mr. Sidney D. L. Jackson, Jr., and Messrs. O'Neil & Smith, for appellees.

Mr. George Pappas, prosecuting attorney, and Mr. John D. Smith, for appellant board of county commissioners.

Mr. Harry W. Schwab, Jr., for cross-appellant Hamlin in case No. 38836.

SCHNEIDER, J.

We have little difficulty in concluding that a board of county commissioners may, upon the petition of a landowner and by observing strictly the provisions of Sections 5553.41 to 5553.43, inclusive, Revised Code, exercise the power of eminent domain to provide a road from the lands of the petitioner to a public highway when necessary "for the use of the public" without contravening the requirements...

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