Many states including Ohio allow a condemning government authority to “quick take” a property under eminent domain powers. This means that, upon filing the petition for the condemnation, the government claims immediate ownership of the land without having any type of trial or hearing. Ohio eminent domain laws1 allow this type of taking specifically for the repair and/or building of roads and the law requires the government to deposit money with the court to compensate the landowner. This type of accelerated taking allows the government to take possession of certain lands without having to wait out the entire, often lengthy eminent domain process.
Though this type of taking is limited to roadway-purposes in Ohio, many condemning authorities have been abusing this legal tool by attempting to quick take property for other reasons. For example, recently, the City of Perrysburg tried to use the quick take process to claim possession of land for road improvements. However, the declaration of taking filed with the court also stated the land would be used for “other municipal purposes.” These purposes, it turned out, were for bike paths, sidewalks, and similar amenities that were not directly related to the widening of the roadway.
A state court ruled against the quick taking2 in early November, stating that the city could not claim lands through this accelerated process for non-road related purposes. Instead, the government must follow the regular eminent domain procedures, which involve negotiations with landowners and trying to reach an agreement instead of simply laying immediate claim to the private property.
Find out how a skilled Ohio condemnation attorney can assist you today
At the law office of Sever Storey, LLP, our eminent domain lawyers help landowners facing quick taking proceedings and protect their rights to their land and to just compensation for any land lost to the government. We regularly work in Ohio and other states that have quick take statutes, so you should never hesitate to call us for help if your believe your land ownership is in jeopardy. Please contact our office at 888-318-3761 or by using our online contact form today.
1http://www.ccao.org/userfiles/HDBKCHAP009-2011.pdf
2http://watchdog.org/245414/ohio-court-quick-take/
