Volume 115 — North Eastern Reporter, Third Series

EMINENT DOMAIN - since Mentor offered appellant fair market value of its property, as determined by its appraiser, the offer complied with R.C. 163.04 and R.C. 163.59 and thus was made in good faith Mentor gave appellant reasonable time to contemplate offer and city's appraiser considered appellant's presentation regarding residual damage, thus complying with R.C. 163.59 city's appraiser exercised his independent judgment in arriving at the fair market value of appellant's property and then provided this amount to Mentor, which the city then offered to appellant while Mentor was required to consider appellant's information regarding residual damage, Mentor was not required to act on it. even if Mentor was required to offer an amount for residual damage, Mentor's failure to do so would not affect validity of the appropriation since appellant's argument concerns amount of compensation to which it claims to be entitled rather than Mentor's authority to appropriate, trial court did not err in concluding probate court had jurisdiction to proceed with the compensation trial at which appellant will be free to present to the jury whatever relevant evidence it wishes on the issue of just compensation, including its residual damage.