A Big Win for Property Rights
by Steven Geoffrey Gieseler
This morning the Ohio Supreme Court struck what's surely the biggest post-Kelo judicial blow to eminent domain abuse in any state in the Union. In Norwood v. Horney, the court unanimously held that in Ohio, mere economic benefit is not enough to allow governments to take private property.
Perhaps even more important is the court's holding that lower courts must review government use of the eminent domain power with a "heightened" level of judicial scrutiny. This realization is long past due, and moves the right to security in property closer to its just, equal footing with other fundamental rights.
The opinion can be found here, and an excellent (as always) commentary is offered on the Volokh Conspiracy. I am proud to note in closing that the Pacific Legal Foundation acted as amicus curiae in the case, and that page 35 the opinion cites one of the many fine law review articles on property rights authored by my colleague Tim Sandefur.
What to read next
In February, eight Black and Hispanic families filed a federal lawsuit challenging the Connecticut State Department of Education’s race-based enrollment quotas for Hartford’s magnet schools. This policy mandates that 25% of a … ›
Don’t know how to identify every one of the 1,500 endangered species? This group wants to throw you in prison.
Ok, that’s a slight overstatement. But not as much of one as you would think. Activist group WildEarth Guardians apparently dreams of a world in which people can be thrown … ›