Evans v. Hope

The instant appeal presents two issues: (1) whether the date of take of appellants’ property should be earlier than July 1981, the date of actual physical appropriation; and (2) whether appellants have established that their property is of “special use.” Both issues relate to the amount of compensation awarded appellants from the appropriation.

I

Generally, the “date of take” on which the value of property appropriated for public use is determined is the earlier of either the date of trial or the date of actual physical appropriation. Dir. of Highways v. Olrich (1966), 5 Ohio St. 2d 70 [34…