Westerville eminent domain case still under appeal

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A 2012 eminent domain case filed by the City of Westerville against a business owner is still pending in the Franklin County Court of Appeals. The case involves a 0.205 acre property at 833 South State Street on which the US Bank is located. This property was taken by the City of Westerville in order to construct “gateway” improvements.

The City of Westerville originally offered the owner of the US Bank $145,855 for the land. When the offer was rejected, the city seized the property under the eminent domain process. In May 2013, the property owner was awarded $1.3 million for the property – nine times the amount offered by the city. The property owner argued in court that his property suffered loss of visibility. The City of Westerville appealed the court’s award.

While the appeal is pending, Westerville’s construction project continues. Construction manager Jake Preston stated “All the improvements are moving forward, and we should have everything finalized at this point.”

Westerville City spokesperson Christa Dickey did not address the cost of the US Bank eminent domain proceeding, but said the construction project was an important part of the city’s $9 million project to bury utility lines, widen sidewalks and in general improve the South State Street area. “This ground was needed to complete the improvements to that intersection as part of the city’s $9 million investment in the reconstruction and revitalization of Westerville’s South State Street corridor,” she said.

The eminent domain attorneys at Clark, Perdue & List represent property owners facing eminent domain. If you are a property owner who has been notified by a government entity that it plans to take your property, contact Clark, Perdue & List to make certain that you are fairly and adequately compensated for your property.