Some might argue that challenging the necessity of an appropriation involving a public utility or common carrier is a futile act, given the presumption of the necessity under R.C. 163.09(B)(1)(c). In State ex rel. Bohlen v....more
4/7/2022
/ Appeals ,
Appropriation ,
Condemnation ,
Construction Project ,
Eminent Domain ,
Just Compensation ,
OH Supreme Court ,
Property Owners ,
Public Use ,
Public Utility ,
Regulatory Takings ,
Writ of Prohibition
The Ohio Department of Transportation has statutory authority to appropriate real property, but there are limitations to this authority. Among other limitations, ODOT must pay just compensation for the take....more
In Ohio, a condemning authority has the power to take private property for public use through eminent domain. This power is limited, however, by the requirements under the United States and Ohio Constitutions that require the...more
Do you suspect your Ohio real estate may have been incorrectly valued? If so, you have the right to challenge this value under Ohio Revised Code § 5715.19. Per this statute, property values are challenged one year in...more
Last week, a court called into question whether a condemnation by a gas utility was for a “public use,” even though the take was initiated by an entity that had the statutory authority to enter, condemn and appropriate land....more
10/8/2021
/ Affirmative Defenses ,
Condemnation ,
Discovery ,
Easements ,
Eminent Domain ,
Oil & Gas ,
Pipelines ,
Property Owners ,
Public Use ,
State Constitutions ,
Statutory Authority