Wray v. Gahm Properties, Ltd.

{¶ 1} The Director, Ohio Department of Transportation (ODOT) appeals the trial court's entry awarding costs and expenses to Gahm Properties, Ltd., in an appropriation action. ODOT notes that a property owner is not entitled to recover costs and expenses unless the property was used for agricultural purposes, and contends there was no evidence of such use here. Gahm Properties argues it presented evidence that it harvested timber, which is an agricultural use of the property, so the trial court properly awarded it costs and expenses.

{¶ 2} We find that the plain language of the statute is…