Ohio Eminent Domain Attorneys

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.

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.

The Ohio Department of Transportation is currently involved in several road projects, which leads to eminent domain cases. If your land is in their path, contact us now for a free legal review.