Order of Possession Law and Legal Definition

Order of possession refers to a court order in a condemnation allowing the government to enter and use lands. An order of possession would radically alter the existing status quo.

The following is a state law that provides a statutory framework regarding order of possession:

Upon the filing of the motion for an order of possession, the court shall cause the matter to be set for hearing within twenty days thereafter and the respondent shall be notified. If a hearing is requested, or if a continuance is granted, the hearing shall be limited to a consideration of whether there is probable cause to support the motion. The court shall issue an order of possession if it finds, on the basis of the affidavit and, if applicable, the evidence presented at the hearing, that there is probable cause to support the motion. [ORC Ann. 2737.07]