Ohio Law

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

Thursday, January 12, 2006

Supreme Court of Ohio Hears Eminent Domain Case

City of Norwood v. Horney et al., Case nos. 2005-1210 and 2005-1211
1st District Court of Appeals (Hamilton County)

The Court heard arguments yesterday concerning the city of Norwood's ability to exercise its eminent domain powers. Here's a summary of the case, where the issue presented was:

"Does a city act unlawfully when it commissions an urban renewal study of a residential area previously targeted by a private developer, classifies the area as ‘deteriorating,' and subsequently uses its eminent domain powers to take (with compensation) the property of owners unwilling to vacate the targeted area to make way for private redevelopment?"

Also from the summary...

"The appellants urge the Court not to be swayed in their judgment of this case by the U.S. Supreme Court's June 2005 decision in Kelo v. City of New London . While a 5-4 majority of the Kelo court held that encouraging private business development can be a legitimate “public purpose” supporting eminent domain actions by a city, Horney and the Gambles point to a number of cases in which this Court has interpreted the Ohio Constitution to provide greater protection for individual rights than the U.S. Supreme Court has found under the federal constitution."

Click here for a link to archived oral argument audio for the case.

Click here for the text of the appellate decision.



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