When the state of Ohio, another governmental body, or a private corporation seeks to take your property by eminent domain, you need an aggressive lawyer who knows how to protect your rights.
Eminent domain is the power of the government, or an agency authorized by the government, to take private property against the will of the property owner. Under the law, however, that power has limits. If you have received notice that the government intends to take your property, contact our Ohio eminent domain attorneys to protect your rights.
Under the “takings clause” of the United States Constitution and the Ohio Constitution, the federal government and the State of Ohio (known as Sovereign authorities) have the right and the power to take personal property for a necessary public use. This is known as the right of eminent domain. In Ohio, the exercise of this right is generally called condemnation or appropriation. The Ohio statute refers to appropriation proceedings.
In Ohio, eminent domain–or condemnation–proceedings are governed by statute. The end result is the taking of real property (land, buildings, air space, etc.) without the owner’s consent. Sometimes the entire property in question is taken, and sometimes there is only a partial taking–in which case some property, known as the remainder, remains in the possession of the owner. Whether there is a whole or partial taking depends on the need of the condemning authority.
Whenever there is a taking of property by appropriation, the owner is entitled to just compensation. Just compensation is the fair market value of the property at the time it was taken.
In every appropriation proceeding, there are two issues. The first is whether the condemning authority has the right to take (appropriate) the property. The right to take the property may be challenged, and this challenge to appropriation usually involves whether the taking is truly for a public use. Sometimes the condemnation proceedings involve taking property and transferring it to a private owner for development that allegedly has a public purpose. While this is constitutionally permissible, it is a situation where the condemnation itself (the right of the government to use its eminent domain powers) is frequently contested.
The second issue is valuation of the appropriated property. Every property owner is entitled to “just compensation” when property is taken without the owner’s consent. This is the issue that generates the vast majority of eminent domain cases.
If you are involved with an eminent domain proceeding, we can help protect your rights. Contact our Ohio eminent domain attorneys for a free consultation.
RECENT BLOG POSTS FOR EMINENT DOMAIN
Powell Road Eminent Domain — private property at risk
Whenever roadway improvement projects are undertaken in residential communities, local property owners can be subject to eminent domain -- the taking of some or all of the owner's property to accommodate the project. The Powell Road eminent domain project is no...
AEP Eminent Domain Lawsuits Filed Against Ross County Property Owners
According to records on file with the Ross County, Ohio recorder’s office and Court of Common Pleas, AEP has filed at least five lawsuits and obtained more than fifty easements against Ross County property owners. AEP's eminent domain activities are part of an ongoing...
AEP Eminent Domain Lawsuit
American Electric Power ("AEP") has filed an AEP eminent domain lawsuit against several homeowners in Ross County, Ohio. The AEP eminent domain lawsuit is related to AEP's ongoing Biers Run Substation project near Chillicothe, Ohio. Clark Perdue is defending an AEP...
Millions to be paid for Rover Pipeline easement
Rover Pipeline LLC estimates that it will pay $124 million in direct payments to landowners for easements needed for the construction of the planned Rover Pipeline. It is possible that eminent domain will be used to procure those easements. The proposed Rover Pipeline...
Eminent Domain possible in proposed Rover Pipeline
Rover Pipeline LLC made its initial application to the Federal Energy Regulation Commission early this year and will make its final submission in early 2016. Under federal policy for natural gas that is transported for sale across state lines, the pipeline that...
Rover Pipeline Route Proposed
Eminent domain update: Rover Pipeline, LLC has released updated maps showing the proposed route of the planned Rover Pipeline. The Rover Pipeline is a new interstate pipeline designed to transport natural gas from the Marcellus and Utica Shale areas in Ohio, West...