USING EMINENT DOMAIN EFFECTIVELY
BY CAROL-ANN SCHINDEL
STATE REPRESENTATIVE
(R – 63rd House District)
For many years now, local governments have used eminent domain as a valuable tool for economic development and other public projects. As you are aware, eminent domain is the power of the government to take private property without the owner’s consent as long as it will fulfill a public need. States can delegate this power to other government entities or a third party, such as a utility.
In 2005, the United States Supreme Court ruled in the case of Kelo v. New London that the exercise of eminent domain power in furtherance of an economic development plan was constitutional. That same year, the Ohio Supreme Court ruled the Ohio Constitution did not allow the taking of property for the primary purpose of economic development but also noted there are no guaranteed protections for landowners under Ohio law.
These rulings raised a number of concerns among property owners and local governments regarding the usage of eminent domain in Ohio. In response, the legislature created the Eminent Domain Task Force to study the impact of eminent domain laws on local governments, residents and economic development. Many of the task force’s recommendations were incorporated into House Bill 5, legislation approved by the House last year that reforms Ohio’s eminent domain laws.
My colleagues and I felt statewide standards regarding the use of eminent domain were necessary to avoid a patchwork of eminent domain laws that differed between cities, townships, villages and other entities. Uniform standards also provide property owners with a clearer sense of their rights.
Under House Bill 5, entities are prohibited from using eminent domain to take property unless it is for a public use, and any entity wishing to do so must provide a development plan that describes the public need and includes a resolution from the governing body affirming the public need. The bill also more clearly defines what constitutes blight and a blighted area and protects farmland from being declared blighted.
Entities must also provide a period for public comment and obtain an appraisal of the property. Owners have the right to repurchase the property if it has not been used for its stated purpose within five years. The provisions of House Bill 5 were combined with Senate Bill 7, which became effective Ohio law
in October 2007.
Eminent domain is a powerful tool and, when used responsibly, can bring positive changes to a community and its residents. However, governments should take care to consider and respect the rights of property owners when using eminent domain. My colleagues and I in the Ohio House will continue to work on legislation, such as House Bill 5, that provides governments with the tools they need to advance economic growth, while also taking into account the interest of private property owners.
Please do not hesitate to contact my office with questions or concerns about any of the matters we discuss here at the statehouse. I can be reached by e-mail at district63@ohr.state.oh.us, by phone at 614.644.6074 or by writing State Representative Carol-Ann Schindel, 77 South High Street, District 63, Columbus, OH 43215. NEO
State Representative Carol-Ann Schindel represents the 63rd Ohio House District, which includes the city of Mentor in Lake County.
