Eminent Domain

There are two main issues in every eminent domain case: (1) the right of the government to take the particularly property for a specified purpose, and (2) what constitutes just compensation for the property that is taken. The specified purpose must be necessary and must be for a public use.

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.