State, Ex Rel. Goldsberry v. Weir

This matter comes before the court as a complaint in mandamus to compel the Ohio Director of Transportation to initiate appropriation proceedings for soil and gravel removed from channel easements conveyed to the state by relator.

The complaint herein relates to construction of the Route 35 bypass of Chillicothe, Ohio, in 1965, by the former depart ment of highways. It was determined that an excavation of channels adjacent to the Scioto River was necessary for the bypass project. Accordingly, the state, through the department of highways, began purchasing or appropriating easements along the…