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IN RE APPROPRIATION OF LAND FOR HWY. PURPOSES

No. 40966.

15 Ohio St. 2d 15 (1968)

IN RE APPROPRIATION OF LAND FOR HWY. PURPOSES: BEKOS ET AL., APPELLEES, v. MASHETER, DIR. OF HWYS., APPELLANT.

Supreme Court of Ohio.

Decided June 19, 1968.

Attorney(s) appearing for the Case

Mr. John H. Harpen, for appellees.

Mr. William B. Saxbe, attorney general, and Mr. I. Charles Rhoads, for appellant.

HERBERT, J.

May a court establish a date of take for the purpose of evaluating private property appropriated for a public purpose which is earlier than the date of trial or the actual taking of possession by the appropriating authority? In the ordinary case, the rule is stated in the first paragraph of the syllabus in Director of Highways v. Olrich, 5 Ohio St.2d 70, which reads:

"Where a public authority...

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