In re Appropriation of Property of Bunner

276 N.E.2d 677, 28 Ohio Misc. 165, 57 Ohio Op. 2d 312, 1971 Ohio Misc. LEXIS 214
CourtCuyahoga County Probate Court
DecidedJuly 29, 1971
DocketNo. 707201
StatusPublished
Cited by4 cases

This text of 276 N.E.2d 677 (In re Appropriation of Property of Bunner) is published on Counsel Stack Legal Research, covering Cuyahoga County Probate Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Appropriation of Property of Bunner, 276 N.E.2d 677, 28 Ohio Misc. 165, 57 Ohio Op. 2d 312, 1971 Ohio Misc. LEXIS 214 (Ohio Super. Ct. 1971).

Opinion

Bauer, J.

This cause came on to be heard upon the motion of the property owners requesting the court to set a date of valuation of the subject property for appropriation purposes.

This court conducted an evidentiary hearing on the issue of date of valuation, at which the parties presented considerable testimony and exhibits. Further, the court heard arguments of counsel, and the parties submitted extensive briefs outlining their positions.

The state of Ohio, through the State Highway Department seeks to appropriate the subject property, which is located on Wade Avenue in the city of Cleveland between West 32nd Street and Fulton Road. This property lies directly in the right-of-way of proposed Interstate 90, a four-lane highway, which will pass through the southerly part of the city of Cleveland in an east-west direction.

The Wade Avenue area, as it existed in 1962, was one of Cleveland’s oldest and most stable neighborhoods. The [166]*166residents, were primarily middle-class ethnic people who had lived in the area, often in the same honse for many, many years.

The Bunner property was a honse consisting of three rental suites and a first floor office. It was forty to fifty years old and was of like age as the other houses in the area.

Dr. Bunner died in June, 1965. At that time he was engaged in remodeling the first floor for his office. At the time of his death, the property was occupied by stable tenants, who had occupied their suites for a long period of time prior to Dr. Bunner’s death. These tenants remained in the property through approximately October, 1965, and paid rent during the entire period.

Although many of the other homes, both on Wade Avenue and on the other streets in the immediate area, contain more than one suite, almost all homes were owner-occupied. The extra suites were most often occupied by the close family or other relatives of the owner. This, of course, was not the case with the Bunner property.

The State Highway project to construct Interstate 90 was publicly announced in 1959. It was a very controversial project, and large numbers of residents in the path of the proposed right-of-way (or near to the right-of-way) voiced strenuous objections. The project received widespread newspaper publicity from 1959 through approximately 1965. Numerous public meetings were held. The highway was the subject of great controversy.

As early as 1959, the State Highway Department designated the proposed center line and right-of-way. Pictures of the right-of-way were displayed not only at the public meetings, but in the many newspaper stories concerning the project. The right-of-way was changed very little during the entire period.

The Bunner property was located directly in the middle of the right-of-way. The right-of-way ran generally in a west to east direction on Wade Avenue and on Vega, the street immediately to the north. An interchange was designated immediately east of West 25th Street, which is approximately 1 ~y% blocks from the Bunner property.

[167]*167In 1963 and 1964, the State Highway Department purchased the areas necessary for the construction of the interchange at West 25th Street. As indicated, these properties are approximately 1 -y2 blocks from the Bunner property.

During the period 1963-1964, the State Highway Department purchased other properties along the right-of-way between West 25th and West 45th Street. At least three properties were purchased during that period. Further, the State Highway Department sent surveyors into the area to lay out the proposed right-of-way. Testimony indicated that they were surveying in the area of the Bunner property at least once, and probably twice.

The court finds that as a result of the considerable newspaper publicity, and as a result of the activities of the State Highway Department in the area, it became common knowledge in the community that Interstate 90 would come through the area, and that the properties on the block bounded by Wade Avenue on the south and Vega on the north would be purchased. Certainly, this was common knowledge as early as January, 1965.

In January 1965, the Highway Department purchased the Dulack property, a house only a few doors from the Bunner property. Mr. Draus, who was the official in charge of the right-of-way purchases, testified that one reason the Highway Department purchased the property was to keep it from falling into the hands of land speculators. The sale of the property was first proposed by the executor of the owner’s estate. He called the State Highway Department to find out if they would purchase the property. The Dulack property was demolished by the State Highway Department in August 1965.

In August 1965, the State Highway Department opened a relocation office in the neighborhood of the Bunner property. The purpose of this office was to find homes for people in the neighborhood who were moving out of the way of the coming freeway. The opening of this relocation office was even publicized in the newspapers.

Dr. Bunner died in June 1965. In July of that year, an administratrix was appointed for his estate. Mr. Ken[168]*168neth Preston, attorney for the administratrix, attempted to list the property with real estate brokers. No real estate broker would take a listing for the property, since it was in the path of a freeway. One real estate broker, however, offered to negotiate a sale of the property to the Highway Department. He and Mr. Preston went to the state’s relocation office and tried to negotiate a sale of the property to the state. The state, however, made no effort to purchase the property until the middle of 1966.

In October and November, 1965, Mr. Charles Braman, an appraiser for the State Highway Department, began appraising properties on the block which contained the Bunner property. His appraisals at that time were made on Vega Avenue, the street immediately north of Wade Avenue.

In November and December, 1965, the stable tenants who until that time had occupied the Bunner property, moved out. The administratrix of the Bunner estate was unable to obtain other tenants. The property was occupied from time to time by “squatters” and other people who moved in and out and most often did not pay rent.

These ‘ ‘ squatters ’ ’ inhabited the property in December and January, 1966. By February 1966, the property was completely vandalized. The administratrix had the property boarded up.

The court finds that the unsalability of the property as early as July and August, 1965, and the unrentability of the property in October, November and December, 1965, resulted from the public knowledge in the immediate area that the State Highway Department would very shortly begin appropriation proceedings to condemn the property and demolish it.

The court finds that beginning in July and August, 1965, the property was affected and the owner’s rights in the property limited solely by reason of the activities of the State Highway Department in the area.

The court finds that beginning in July and August, 1965, the property began to decline in value both for sale and rental purposes solely by reason of the fact that it was in the path of an imminent acquisition by the State High[169]*169way Department and because this fact was of common knowledge in the community.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Township of West Windsor v. Nierenberg
695 A.2d 1344 (Supreme Court of New Jersey, 1997)
Wray v. Stvartak
700 N.E.2d 347 (Ohio Court of Appeals, 1997)
Richley v. Van Horneff
311 N.E.2d 37 (Ohio Court of Appeals, 1973)

Cite This Page — Counsel Stack

Bluebook (online)
276 N.E.2d 677, 28 Ohio Misc. 165, 57 Ohio Op. 2d 312, 1971 Ohio Misc. LEXIS 214, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-appropriation-of-property-of-bunner-ohprobctcuyahog-1971.