RE-JST
REV. 8/11
COURT OF COMMON PLEAS
or PROBATE COURT
CAPTION
CASE NO.
JUDGE
Joint Stipulation of the Parties
Pursuant to the request of the property owner(s), ______, said property owner(s) and the Ohio Department of Transportation do hereby enter into this Joint Stipulation for their mutual benefit, and hereby agree that the following conditions shall apply in any resolution of the above-captioned appropriation action.
1. In accordance with Section 163.54 of the Ohio Revised Code, the applicable administrative rules, and the policies and procedures adopted by the Ohio Department of Transportation pursuant thereto, the Department has offered, and the property owner(s) has accepted, an advance relocation replacement housing allowance (hereinafter referred to as Ahousing allowance@) in the amount of $______. This housing allowance is offered (a) when a public improvement project displaces a qualified owner from his or her dwelling; and (2) when a supplemental allowance is needed to assist that owner in the purchase of a comparable dwelling.
2. It is understood that the amount of the housing allowance, as determined and offered above, is based upon fee ownership of the property occupied by property owner(s).
3. It is understood that a housing allowance represents the lessor of the difference between the acquisition price of the dwelling being taken and the price of a comparable replacement dwelling available to property owner(s) or the difference between the acquisition price of the dwelling being taken and the purchase price of the replacement dwelling actually purchased and occupied by the owners. AAcquisition price@ is the price determined by the Ohio Department of Transportation to be the fair market value of all real property taken or the revised fair market value of all real property taken as ultimately determined and paid by the Department as the result of either a settlement or a court award. In this pending action, the Department has determined that the acquisition price of all real property taken is $______and the same has been deposited with the Court.
4. It is understood that the final amount of the housing allowance is subject to change as a result of any final adjudication of the above-captioned appropriation action. Any adjustment to the housing allowance will be computed by the Department utilizing the same methods and procedures as utilized in the original computations that produced the housing allowance herein. Said methods and procedures as applied by the Department shall be in accordance with Ohio law, relocation regulations as promulgated by the United States Government, and policies and procedures of the Ohio Department of Transportation.
5. It is understood, and the property owner(s) expressly agree(s), that the Ohio Department of Transportation may be entitled to a full or partial refund of the housing allowance in the event that the settlement or award in the pending appropriation action exceeds the acquisition price that Department deposited in the Court. If a settlement or award in the pending appropriation action exceeds the acquisition price, the Department will adjust the amount of the housing allowance and if the new amount of the housing allowance is less than the amount advanced to the property owner(s), a refund of the difference shall be required. The Department shall be entitled to a refund of the difference up to, but not to exceed, the amount of the advanced housing allowance. Said refund is required in accordance with Section 163.54 of the Ohio Revised Code and Section 5501:2-5-01(C) of the Ohio Administrative Code so that there is no duplication of payment.
6. Property owner(s), ______, agree(s) that the amount of a refund of the housing allowance, if any, shall be set off, and deducted from, any final determination of compensation obtained through the final adjudication, either by settlement or court award, of the above-captioned appropriation action.
AGREED:
______
(Property owner(s)) Date
______
(Property owner(s) attorney) Date
______
(ODOT Representative) Date
______
(Assistant Attorney General) Date
Page 1 of 2