Ohio State Bar Association [1] describes eminent domain as follows:
“Eminent domain is the power of federal, state and local governments and even certain private companies, including railroads and utilities, to take private property and devote it to a public use. An entity with this power is sometimes referred to as a “condemning authority.” Taking of property by eminent domain frequently occurs in Ohio for uses such as construction of roads, libraries, or even airports. Both the U.S. and Ohio constitutions provide that property shall not be taken for a public use without the payment of just compensation.”
2015 OHIO CASE PROTECTS LANDOWNERS
On November 2, 2015, in the case of “City of Perrysburg v. Roland R. Carter and Sue Ann Carter,” case number 2015 9004A [2], the court ruled that the City of Perrysburg’s attempt to immediately seize the land of eleven local homeowners exceeded its power, given the Ohio Constitution’s protection of private property rights. The case concerned the practice known as “quick-take,” where governments claim to immediately own private property upon the filing of a Complaint, before any hearing or trial. Specifically, the city had attempted to seize property for sidewalks, a bike path, and what they referred to as “other municipal purposes.” While the Ohio Constitution allows this immense power for “making or repairing of roads,” local governments have increasingly sought to use quick-take for many other purposes. In his ruling, Judge Woessner of the Wood County Probate Court concurred that the practice cannot be expanded beyond making or repairing roads. Although Ohio cities may still acquire property for such purposes, the Court’s ruling clarifies that they must attempt to negotiate and agree with homeowners, rather than exercising force as a first option.
Contact an Ohio Condemnation Attorney
Condemnation negotiations are very complex and each property is unique. If you are a landowner involved in easement agreement negotiations and other eminent domain proceedings, the condemning authority will try to get your consent quickly. Contact the skilled Ohio condemnation attorneys at the law office of Sever Walker Padgitt, LLP today. Please call today at 888-318-3761 for help.
References:
[1]
[2] http://www.ohioconstitution.org/wp-content/uploads/2015/11/Fort-Meigs-Order-on-Quick-Take.pdf
