Ohio Farm Bureau Landowner Toolkit - Page 10

Eminent Domain The 5th Amendment to the U.S. Constitution­ commonly — referred to as the “Takings Clause”—forbids the taking of private property for a public use without just compensation. The Ohio Constitution contains similar protections in Art. 1, Sec. 19, providing that private property should be held forever inviolate but subservient to the public welfare. “Appropriation,” “eminent domain,” “condemnation” and “takings” are all terms that are commonly used to refer to the government’s ability to take private property for public use. No matter what it is called, protections of the U.S. and Ohio Constitutions, as well as additional safeguards in the Ohio Revised Code, will apply in eminent domain situations. Recent U.S. Supreme Court and Ohio Supreme Court cases have reshaped eminent domain. In the ground breaking Kelo v. New London decision, the U.S. Supreme Court ruled that economic benefit or development satisfies the public-use requirement in the U.S. Constitution, and therefore private property could be taken by the government to be used for nongovernmental (i.e. private) development without violating the Takings Clause of the U.S. Constitution.124 Shortly thereafter, the Ohio Supreme Court ruled in Norwood v. Horney that economic development alone does not satisfy the public-use requirements under the Ohio Constitution, and therefore economic development may not be the sole reason for taking property for private development in Ohio.125 Following both court cases, the Ohio General Assembly overhauled the eminent domain laws setting specific procedures for the appropriation of property and establishing additional safeguards against the taking of property for private development. 124 125 25 Kelo v. New London, 545 U.S. 469 (2005) Norwood v. Horney, 110 Ohio St. 3d 353 (2006)