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
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