Ohio Law

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

Wednesday, July 26, 2006

Supreme Court of Ohio Decides Eminent Domain Case

In a 58-page unanimous opinion, the Supreme Court of Ohio has decided against eminent domain for purely economic benefit absent another public benefit.

Cite as Norwood v. Horney, ___ Ohio St.3d ___, 2006-Ohio-3799.]
(Nos. 2005-0227 and 2005-0228 — Submitted September 28, 2005 — Decided
July 26, 2006.)
(Nos. 2005-1210 and 2005-1211 — Submitted January 11, 2006 — Decided July
26, 2006.)
APPEALS from the Court of Appeals for Hamilton County,
Nos. C-040683 and C-040783 (January 19, 2005).
APPEALS from the Court of Appeals for Hamilton County, Nos. C-040683 and C-
040783 (May 20, 2005), 161 Ohio App.3d 316, 2005-Ohio-2448.
In the absence of other public benefit, the fact that an appropriation of property
will provide an economic benefit to the community does not satisfy the
public-use requirement of Section 19, Article I of the Ohio Constitution —
The void-for-vagueness doctrine applies to statutes that regulate the use of
eminent-domain powers — Courts shall apply heightened scrutiny when
reviewing statutes that regulate the use of eminent-domain powers — The
term “deteriorating area” as a standard for an appropriation of property
is unconstitutional — R.C. 163.19 is unconstitutional in part.

Later

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