Farber v. City of Toledo

Citations

• 104 Ohio St. (N.S.) 196

Syllabus

<p>Constitutional law — IwoiolabiUty of private property — Section 19, Article I, Constitution — Damages by street improvement— Waiver by failure to file claim — Rights of abutting owner— Notice of change of grade.</p> <p>1. The provisions of the Constitution (Section 19, Article I) are not violated (by a requirement of law that an owner of property abutting upon a proposed street improvement must make claim, within a reasonable time after notice therein specified, for any damages caused his property thereby or that failure so to do will constitute a waiver and bar a subsequent action for damages.</p> <p>2. But before a property owner may be held to have waived a claim for damages to or compensation for property affected or taken by a change of the grade of the street upon which his property abuts, it must appear that such property owner has had notice of such proposed change of grade.</p>