Daily Legal News - Probate Court Notices : 2021 ADV 258591 Jack Marchbanks, Director, Ohio Department of Transportation
2021 ADV 258591—Jack Marchbanks, Director, Ohio Department of Transportation vs. Burten, Bell Carr Development, Inc. aka Burten, Bell Carr Development, LLC, et al.
Joel N. Kaye, Co-Trustee of Trust "B", whose last known address and present address are unknown; Gina S. (Kaye) Ashby, Co-Trustee of Trust "B", whose last known address and present address are unknown; and Unknown Transferees, Assigns, Devisees and Heirs of Hyman J. Kaye, the place of residence of each being unknown will take notice that on March 5, 2021, the undersigned, Jack Marchbanks, Director, Ohio Department of Transportation, filed its complaint in the Probate Court, 1 Lakeside Avenue, Cleveland, Ohio 44113, of Cuyahoga County, Ohio, alleging that Plaintiff intends to obtain and take possession of and enter upon the property being appropriated for the purposes of making, constructing, repairing or improving a state, U.S or Interstate highway which shall be open to the public without charge.
Plaintiff has complied with the requirements of R.C. 163.04 and R.C. 163.041 by providing and delivering a written Notice of Intent to Acquire and Good Faith Offer at least thirty days prior to the filing of this action.
Prior to or at the time of filing this Petition, Plaintiff has deposited with the Clerk of this Court a sum of money equal to the amount that Plaintiff determined to be the fair market value of the property, and the rights, titles, interests and estates therein, to be appropriated, and damages, if any, to the residue thereof.
Wherefore, Plaintiff prays the Court Will:
A. Find that Plaintiff has complied with R.C. 163.01 et seq., and is entitled to appropriate the subject property.
B. Enter a judgment ordering the appropriation and possession of real property or interest in the real property and for the conveyance of the title to or easement interest in such property to the State of Ohio and/or to the entities other than the State of Ohio, if any, identified in Exhibit 1.
C. Upon the failure of the owner to file an answer, pursuant to R.C. 163.09, declare the value of the property or property interest appropriated herein and of damages, if any, to the residue, to be in the sum stated in Plaintiff's Findings, Declarations and Resolution to Appropriate identified in Exhibit 1.
D. Cause a jury to be impaneled to make inquiry into and assess compensation to be paid and damages, if any, to the residue, for the appropriation of the within described property or property interests.
E. Grant Plaintiff all such other relief to which Plaintiff might be entitled.
The defendants named above are required to answer on or before the 17th day of August, 2021.
Jack Marchbanks, Director, Ohio Department of Transportation.
By Dave Yost, Ohio Attorney General, James C. Cochran, Senior Assistant Attorney General, Attorneys for Plaintiff.