Addressing Eminent Domain in Ohio

August 15, 2006 | By PACIFIC LEGAL FOUNDATION

Ohio State Representative David Daniels writes in the Hillsboro (OH) Times-Gazette about his efforts to restrict the abuse of eminent domain in that state. Excerpt:

In addition to the Ohio Supreme Court's ruling, the Task Force to Study Eminent Domain issued a report calling for changes in Ohio's eminent domain laws. The 25-member task force was created by the legislature after the Kelo v. New London decision to study laws under which the government may take private property.

The task force's report included recommendations that governments should not be allowed to seize homes to clean up blight unless at least half of the properties in that neighborhood are contaminated, unsafe or badly deteriorated and when the government does take property it must fairly compensate property owners for business losses or moving expenses.

Over the next few weeks and months, my colleagues and I will consider many of the proposals made by the task force and decide how best to address the issue of eminent domain in Ohio law. We will continue to work with local governments and supporters of property rights to create a standard definition of blight and address many of the issues brought up by the Ohio Supreme Court and the report of the legislative task force.

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