Ohio Law

News and Announcements from the Supreme Court of Ohio and Other Governmental Entities Within the Buckeye State.

Wednesday, August 03, 2005

Ohio General Assembly Attempting to Fight the Effects of Recent U.S. Supreme Court Decision

In Kelo v. City of New London, the United States Supreme Court held that the city could take private property by eminent domain for the "public use" of getting more tax dollars from the new tenants. The State of Ohio's General Assembly is attempting to combat such takings with the introduction of Senate Joint Resolution 6 (look on page 2 of the Journal for 8/2/2005). It proposes to amend Sections 3, 4, 10 and 11 of Article XVIII of the Constitution of the State of Ohio to eliminate the constitutional grant of eminent domain power to municipal corporations and to provide that the power only can be used when authority has been granted by the General Assembly.

Stay tuned for more action (or inaction) on this one.


NOTE: The above link to SJR6 is only to the Senate Journal entry and not the complete text. The text can be found here, but it may be a subscriber-only link.


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