When you learn that your property may be condemned, you need information and advice as to how to proceed and what actions to take. The Ohio condemnation process is complicated, making it necessary to speak to an experienced Ohio eminent domain attorney as soon as possible. In the meantime, there are several things you should know about condemnation proceedings in the state of Ohio:

  • What is eminent domain? Eminent domain[1], also known as condemnation, is the power of the local state and federal government to take private property belonging to its citizens for public use, provided just compensation is paid to the owner. Some private companies or individuals may also be granted the power to condemn private property to complete certain projects intended to benefit the public. These private companies may include redevelopment authorities, oil and gas companies, railroads or other privately-owned utility companies.
  • Should I Discuss the Value of my Property with a Government Representative? You should always consult with an experienced Ohio condemnation lawyer before having any conversation with a government representative. You may be entitled to special benefits and rights from the condemning authority and a skilled eminent domain attorney can confirm all of the compensation that applies to your particular land ownership.
  • Should I let the Government Conduct Environmental or Other Tests? Some of the requested tests the condemning authority may ask to perform are routine and not invasive. Some tests, however, require boring large holes into the ground or establishing monitoring wells. This type of testing may disrupt your use and enjoyment of the property. It is important to avoid all such testing until you have had the opportunity to speak to an Ohio condemnation attorney.
  • What is Relocation Assistance? Reimbursement for relocation[2] expenses is handled separately, although it is related to the eminent domain process.

Business Relocation

The successful relocation of a business can be a challenging task. Tenants are often entitled to relocation benefits and assistance to secure a replacement site and move the business. The relocation process may require complex negotiations which are unique to the type of property taken and business operated at the site. Most importantly, the relocation of a business must be timely and well-coordinated to minimize business interruption.

Homeowner Relocation

For a homeowner, relocation concerns may include the location of a replacement home within the same area as the condemned home, within a certain school district or within a certain distance from the owner’s place of employment or family. Under relocation laws, the government is obligated to assist in finding a suitable replacement site but may not be focused on all of the issues important to you.

Contact Ohio Eminent Domain Attorneys

Eminent domain proceedings are complex and can involve complicated issues such as the property’s highest and best use, the calculation of just compensation and the damages a property has suffered due to the taking. Property condemnation can also be a confusing and stressful process. Having a qualified condemnation lawyer on your side to assist as you navigate the process is essential in order to protect your interests. If you have received a notice of condemnation, contact the law office of Sever Storey, LLP as soon as possible. Call today at 888-318-3761 for a free consultation.


[1] http://codes.ohio.gov/orc/163[2] http://codes.ohio.gov/oac/5501%3A2-5