Martin v. City of Columbus

Citations

• 101 Ohio St. (N.S.) 1

Syllabus

<p>Municipal corporations — Appropriation of property — Action in rem — No burden of proof — Jury an appraising or assessing board.</p> <p>1. An action brought by a municipality to condemn private property under the constitution and laws of Ohio is a proceeding in rem.</p> <p>2. In such proceeding, there are no formal pleadings or definite issues, which admit of affirmation upon one side and denial upon the other, and hence the doctrine of “burden of proof” has no application.</p> <p>3. The jury acts merely as an appraising or assessing board, determining the fair market value of the property from all the evidence submitted.</p>