Ohio Eminent Domain Attorneys

It is our pledge that we will provide a free case review for any individual or business facing eminent domain or condemnation.

Eminent Domain & Condemnation Attorneys In Ohio

At Sever Walker Padgitt, our mission is to hold condemners—whether they be state, federal, local, utility, or other—accountable to the landowners whose land they are acquiring. Our entire firm is built around serving you, the landowner who is facing eminent domain and condemnation.

If an Ohio government agency has contacted you with an offer to buy your land under threat of condemnation, you are facing an Ohio eminent domain law case. Similarly, a pipeline or electrical utility reaching out to you about taking your land for an easement could be indicative of a forthcoming condemnation acquisition.

We’re here to support you throughout the process of eminent domain. Fill out the form or contact us today with any questions you may have regarding your condemnation case.

What Is Eminent Domain Law In Ohio?

According to eminent domain law in Ohio, the government has the right to take private land from private landowners to put to a public use. The term “eminent domain” refers to the power to acquire the property, while the term “condemnation” refers to the process by which that power is exercised. Either refers to the power to seize land through the courts from private landowners and put that land to a “public use.”

Eminent domain can generally be exercised by federal, state, and local governments. In some instances, private and semi-private companies–such as powerlines and pipelines–can have the power to take. Whoever is acquiring the land, the purpose of the acquisition must be for a “public use.”

What Is Fair Compensation Under The Eminent Domain Law?

Under eminent domain law, fair compensation, or “just compensation,” is defined as the fair market value of the property taken. A landowner’s property’s fair market value is the monetary amount they would obtain on the market if the property were voluntarily put up for sale. 

This fair market value is defined by a purchaser who is willing, but not legally obligated, to purchase a property and a seller who is interested in selling, but not legally required to.

This definition includes every element that would go into a mutually agreed upon sale, including both parties being fully informed and aware of the nature and use of a property. 

A fully informed buyer and seller would know vital details such as the property’s location, quality, recently made improvements, and any details that could lower the property value. 

Under this concept, property owners are entitled to compensation even if only part of a property is taken. Any disagreement on the property’s value between a property owner and the condemnor can, if necessary, be resolved by a jury trial. 

What Is The Condemnation Litigation Process In Ohio?

Under eminent domain law in Ohio, the condemnation and litigation process involves condemnor entities acquiring a property for public use. Understanding this process starts with exploring eminent domain statutory and common law–both of which impact eminent domain laws.

The Fifth Amendment of the US Constitution states that private property cannot be taken for public use without just compensation to the landowners. “Public use” has been defined to include certain legally viable projects– such as bridges, highways, and utility infrastructure. 

As for state law, Ohio law states that an agency must provide a notice of intent to acquire a property at least thirty days before filing a condemnation lawsuit. Eminent domain procedure will then follow state-specific statutes, such as the Ohio Revised Code Chapter 163

Eminent domain law saw a significant change that made it easier to acquire land due to Kelo v. City of New London (2005). The US Supreme Court expanded the definition of public use to include private economic development, making it more difficult for business owners and homeowners to keep their land from re-development.

Other rulings, however, have protected Ohio landowners against unlawful eminent domain seizures, such as Norwood v. Horney (2006), which ruled in favor of the homeowners. This case was the result of three homeowners filing multiple cases to protect their homes from private development.

What Are Ohio-Specific Eminent Domain Requirements?

Eminent domain in Ohio has a few subtle differences from other states. For example, Ohio law permits the ability for the state or condemnor to enter the property and begin their project early–in exchange for a preliminary compensation amount–while the parties continue to litigate over final just compensation owed to the landowner.

At the end of the day, a landowner is entitled to a jury trial over just compensation if requested. An eminent domain attorney in Ohio may therefore be necessary to ensure you’re properly represented and informed about your rights.

What Should Landowners Do After Receiving An Eminent Domain Notice In Ohio?

If you’re a landowner who has received notice of eminent domain, you may feel overwhelmed, helpless, and concerned about your property. Where can you turn for support?

Since the party seizing your land has probably spent several years planning, it’s vital that you take action as quickly as possible. The faster you contact an eminent domain attorney in Ohio, the better chance you’ll have of getting just compensation and a potentially better outcome for your case.

You may not be able to stop the eminent domain process completely, but fortunately, there are a few things you can do to increase your compensation or benefits.

Case Results

State: Ohio (Warren County)

Case Type: Pipeline takings

Initial Offer: $61,200

Sever Walker Padgitt Result:

$187,341

State: Ohio (Sandusky County)

Case Type: Pipeline takings

Initial Offer: $70,000

Sever Walker Padgitt Result:

$200,000

State: Ohio (Montgomery County)

Case Type: Other

Initial Offer: $854,000

Sever Walker Padgitt Result:

$1,285,000

State: Ohio (Lorain County)

Case Type: Road projects

Initial Offer: $296,000

Sever Walker Padgitt Result:

$575,000

State: Ohio (Clermont County)

Case Type: Pipeline takings

Initial Offer: $60,000

Sever Walker Padgitt Result:

$571,000

State: Ohio

Case Type: Other

Initial Offer: $111,500

Sever Walker Padgitt Result:

$302,000

Frequently Asked Questions

The terms “eminent domain” and “condemnation” are closely related. The first refers to the right of the government to take private property for public use, such as electrical lines or highways.

The term “condemnation”, although it may sound intimidating, simply refers to the process of the government exercising their right of eminent domain to acquire land. It is not the same as having your property condemned for safe and sanitary or public health reasons.

You should not be afraid of either term. The law requires that you be compensated justly for your land. In fact, a jury of your peers may decide your case, and a skilled eminent domain attorney in Ohio can prove that you deserve much more than the government’s initial offer.

Unfortunately, the government doesn’t always offer just compensation in exchange for the taking of land. But what is “just compensation?”

Compensation is considered “just” when it (1) represents the “fair market value” of the land to be acquired and, (2) if it is a partial taking, properly considers any effects of the acquisition on the entirety of the property.

If you believe you have not been offered just compensation, your lawyer should be able to confirm whether or not this is the case. A qualified attorney should have extensive experience identifying insufficient or “bad” offers from condemning authorities and be able to tell you what the defects in the offer are.

As anyone who has ever moved knows, moving costs add up quickly. This is no different when the government forces you off your land, and you’re entitled to reimbursement, or prospective payment, that helps cover these costs.

If condemnation forces you to find a new warehouse space or move your retail business, your lawyer can help you get increased relocation benefits before handing over your title to the condemnor.

There are a few limitations on the condemnor’s power in the case of eminent domain in Ohio. The condemnor must:

  • Issue a pre-suit compensation offer supported by an appraisal
  • Engage in pre-suit “negotiations”
  • Acquire property only for a “public use”
  • Provide just compensation

The timeline for your eminent domain case will vary depending on a variety of factors, including the complexity of the case, the number of interest holders on the property, and the difference in opinion on compensation between the parties. In Ohio, most eminent domain cases that reach litigation take 12-18 months to resolve.

For cases that do not require litigation, because the courts are not involved, they can be resolved much quicker and usually get done between 3-6 months after the initial offer is issued by the condemnor.

Ohio eminent domain actions are difficult, but not impossible, to stop. Generally, the landowner has to demonstrate to a court that the putative condemnor has not followed proper condemnation procedure, and/or seeks to acquire property for a non-public use, in order to stop a taking.

While it is difficult to stop a taking, with the right attorney it is much less difficult to get the right amount of money for your property.

Refusing a compensation offer from the government, something every landowner is entitled to do, may mean that your matter will then go to eminent domain. The government entity takes the first step by initiating the official proceedings by filing a formal complaint in a court of law. 

At eminent domain litigation, a landowner has a couple options available to it in responding:

  • The landowner may contest whether the acquisition is necessary and for a public use 
  • The landowner may contest compensation
  • The landowner may appeal any just compensation verdict

You may or may not be able to stop eminent domain action. An eminent domain attorney in Ohio will help you navigate these legal waters so you’re not missing any vital details surrounding your legal rights.

What determines just compensation varies heavily from case to case, not only for homeownership and business ownership but also for the type of land and property. Working with an eminent domain attorney in Ohio is essential to help you understand the subtle differences between each case so you can receive just compensation.

There are three scenarios where landowners can recover attorney fees from the condemning authority:

  • The jury’s just compensation reward is 125% greater than the condemning authority’s offer.
  • The court rules that the land is not fit for public use and the matter is dismissed.
  • The condemning authority abandons the condemnation proceedings.

Eminent domain Ohio laws are complex due to a mixture of state laws, the constitution, and impactful rulings such as Kelo v. City of New London (2005). When you need help determining how the state’s laws apply to your situation, fill out our form for a free case review

We’ve helped over 2,000 clients in eminent domain cases and only take a fee if we get you more compensation than you’re offered.

Meet Our Team

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At Sever Walker Padgitt, we pride ourselves on our team’s expertise and dedication. Get to know the faces behind the firm and discover the depth of knowledge and commitment that drives us to achieve the best possible outcomes for you.

How Sever Walker Padgitt Can Help You

The experienced eminent domain attorneys at Sever Walker Padgitt are eager to help protect your rights. We’ve helped countless landowners across Ohio, and the rest of the U.S., get full compensation when their land was taken.

We’re here to defend your rights and ensure you get the best possible treatment in your situation. Contact us today for a free consultation.

Dublin, Ohio Office

Contact Us

Let us give you our opinion before you go up against Ohio alone. We pledge to provide a free case review for any individual or business facing eminent domain or condemnation. Contact us now at 888-318-3761.

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