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
Eminent Domain Projects In Ohio
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.
I-71 Widening and Rehabilitation
The project will widen I-71 to three lanes in each direction and realign ramps, replacing bridges and improving drainage.
US 20A at Strayer Rd. Roundabout Ohio
The project is tentatively scheduled for construction in Spring 2026. The road will be closed, and a detour will be required during con...
U.S. 68/State Route 15 interchange and local road reconfiguration
The project is needed as Township Roads 49 and 77 will be removed for the Eagle Creek Dry Storage Basin under Hancock County's Flood-Ri...
State Route 545 Reconstruction Project
The SR 545 Major Rehab Project will replace pavement and add buggy lanes from Olivesburg to Savannah, starting Spring 2025.
SR 158/Coonpath Road Intersection Improvements
ODOT proposed an improvement project for SR 158 and Coonpath Road in Greenfield Township, including a roundabout, starting April 2025.
U.S. 42/Price-Hilliards Rd. Roundabout
The project will upgrade the intersection of US 42 at CR 32 (Price Hilliards Rd) by constructing a roundabout to improve safety and red...
U.S. 33 and Pickerington Road Interchange Ohio
The project will construct a new interchange at U.S. Route 33 and Pickerington Road, replacing existing at-grade intersections and addi...
US 24 Interchange at CR 17D
A project is underway to replace the current at-grade intersection on US 24 at CR 17D in Henry County with a new diamond interchange. T...
Broadway Ave Bridge Replacement (OH)
Replace the State Route 14 (Broadway Ave.) Whitehouse Crossing bridge over the N&S Railroad in Garfield Heights. The project aims to en...
SR 315 and Hyatts Road Intersection Improvements
ODOT is planning improvements to the SR 315 and Hyatts Road intersection to enhance safety and reduce congestion.
Chagrin Blvd Ohio Project
Beachwood and ODOT are working on a safety project since 2012. Construction is expected by 2027/2028, pending design work and further f...
US 42 Bridge Replacement Ohio
ODOT will replace the US 42 bridge over Gilroy Ditch in Madison Township, Clark County. Work begins Spring 2025 with a 6-month detour a...
South Limestone Street Reconstruction (OH)
This project aims to improve safety by constructing raised medians along South Limestone Street, spanning from Leffel Lane to Lansdowne...
I-71 & 36/37 Interchange & Sunbury Parkway Extension
Constructing a new interchange at I-71 & US36/SR37 as well as Sunbury Pkwy, a new east/west road that will connect to the interchange.
I-74/I-75 Interchange Improvements Ohio
This project will reconfigure the I-75 to I-74 connection, add a thru lane on I-74, and improve structures, lighting, and drainage.
OhioI-71 Interchange and Sunbury Parkway
ODOT planned to build a combined interchange south of U.S. 36/SR 37 for access to the new Sunbury Parkway and nearby roads.
Falcon Ethane Pipeline
A proposed 94-mile ethane pipeline originating at three ethane supply points in Ohio and Pennsylvania, and ending in Monaca, PA.
US 42 Widening – Medina Township
Road improvements for 1.44 miles of US 42 from south of Harding Street to south of Fenn Road in Medina Township.
Opportunity Corridor Project
The proposed corridor will be 3.5 miles in length and connect I-490/I-77 and University Circle in Cleveland.
Center Ridge Road Widening Project
Road widening project in North Ridgeville, OH to widen 2.3 miles of road from 3 lanes to 5 lanes from Lear-Nagle Rd to Stoney Ridge Rd.
West Milton-Eldean Transmission Line
A 17-mile, 138-kV transmission line in Miami County, Ohio to begin in 2017 or 2018.
South Caldwell-Macksburg Transmission Line
Constructing 138-kV transmission line that will connect the South Caldwell Substation to the Macksburg Substation in Southeastern Ohio.
Hayes-West Fremont Transmission Line Project
An approx. 30-mile long double circuit 138 kV transmission line from Erie County, OH to Sandusky County, OH.
Biers Run-Hopetown-Delano Transmission Project
A 12-mile, 138-kV transmission line that will run entirely in Ross County connecting the Biers Run Substation to the Delano Substation.
Biers Run-Circleville Transmission Line Project
A 138-kV transmission line that would connect the Biers Run Substation in Ross Co. to the existing Circleville Substation in Pickaway Co.
Ohio Pipeline Energy Network
Building of approx. 70 miles of new pipeline in Ohio, which will likely begin in Carroll County and travel south through the state.
Duke Central Corridor Pipeline
A proposed 20-inch diameter pipeline running approximately 12 miles in mostly urban areas near Cincinnati, OH.
Nexus Gas Transmission Pipeline
A new 250-mile, 30- to 36-inch diameter pipeline from eastern Ohio to an existing pipeline grid in southeastern Michigan.
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.
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.
* Disclaimer: Form submission doesn’t constitute a client-attorney relationship/contract.