133 2024 ADV 290833

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2024 ADV 290833—Northeast Ohio Regional Sewer District vs. Estate of Forest G. Willcox, deceased, et al.
Estate of Forest G. Willcox, deceased, whose last known address is 3462 E. 53rd Street, Cleveland, OH 44127, otherwise whose address is unknown, will take notice that on July 31, 2024, the undersigned, Northeast Ohio Regional Sewer District, filed a Petition for Appropriation of Property in the Probate Court, 1 Lakeside Avenue, Cleveland, Ohio 44113, of Cuyahoga County, Ohio, alleging that the Board of Trustees of the Northeast Ohio Regional Sewer District passed Resolution No. 107-24 on April 18, 2024, due notice of which was given according to law, to appropriate for public sanitary sewer purposes the one permanent subterranean easement described in said Resolution; Defendants are the owners of record or have an interest in the real property known as Cuyahoga County Permanent Parcel No. 131-21-070; and that Plaintiff has satisfied the requirements of Section 163.04 of the Ohio Revised Code in that it has attempted to purchase the above-described rights from the property owner, has attempted to provide a written good faith offer and notice of intent to acquire to the owner, but owner is reported to be deceased.
Plaintiff, Northeast Ohio Regional Sewer District, prays:
1. For the appropriation of one permanent subterranean easement located on part of PPN 131- 21-070 as set forth above;
2. That upon the failure of the owner to file a timely answer pursuant to Section 163.09 of the Revised Code of Ohio, this Court declares the value of the one permanent subterranean easement to be in the sum of Three Hundred Dollars ($300.00);
3. That this Court may cause a jury to be impaneled to make inquiry into and assess compensation to be paid by the Plaintiff for the one permanent subterranean easement, as above described;
4. That upon deposit of the fair market value, title to said one permanent subterranean easement be awarded to the Plaintiff, Northeast Ohio Regional Sewer District, according to law, and an order entered to such effect upon the record;
5. That this Court find that the Plaintiff, Northeast Ohio Regional Sewer District, has complied with all the requirements of Ohio Revised Code Sections 6119.11(B)(1)(c) and 163.01, et seq., and is entitled to appropriate the subject one permanent subterranean easement and to exercise its right of quick take;
6. That this Court cause new parties to be added and direct such future notice to be given to a party in interest as the Court deems proper; and
7. That this Court order the Clerk of Court to certify to the Cuyahoga County Fiscal Officer all or such portion of the final judgment that may be necessary to show the rights herein appropriated.
The defendant named above is required to answer on or before the 16th day of September, 2024.
Northeast Ohio Regional Sewer District.
By Julie A. Blair and Erick Luckage, Attorneys for Plaintiff.
Aug10-17, 2024

Class

133

First Run

08/10/2024

Second Run

08/17/2024

Case #

2024 ADV 290833

Plaintiff

Northeast Ohio Regional Sewer District

Defendant

Estate of Forest G. Willcox, deceased, et al.

PPN

131-21-070