William L. Stehle Co. L.P.A. is your source for Ohio Appropriation Law, Ohio Eminent Domain Law, and Ohio Personal Injury Law

At the outset, please let us introduce Mr. Stehle and refer you to his qualifications set forth in his resume posted on this web site.   He has represented landowners in appropriation cases and victims of personal injury for over 35 years in Ohio.  He believes in battling government and big business to recover losses resulting from eminent domain practices and  the injury claims practices.  Prior to starting in private practice he worked on the other side of the courtroom representing the State of Ohio, in the Department of Highways, the Department of Public Works and the Department of Natural Resources in all matters pertaining to appropriation cases and acquisitions by the Government. He learned invaluable lessons which has helped him since 1970 in assisting and protecting landowners in his private practice.

 Mr. Stehle was also a partner in a leading personal injury firm in Columbus, Ohio until the early 1980's when he left to start his own law practice.   Since then, he practiced both eminent domain cases, also called condemnation cases, for the landowners as well as personal injury cases for victims.  He realized that in both areas of the practice of law, there were special laws and procedures which were foreign to the general attorney practitioner.  Using eminent domain as an example, property owners are often unsure of their rights and hesitate to hire an attorney when it is the government who is taking their property.  However, the best way to ensure you receive full and fair compensation is to consult with an attorney with extensive experience in the appraisal process, and trial practice, including knowledge of  the laws pertaining to fair market value, highest and best of real property and damages to the residue of real property.  His extensive knowledge of the law of damages and its practical application gives him the prowess to represent his clients.   Do not for a minute believe a land acquisition person or an insurance adjuster is necessarily looking out for your best interests.

 Mr. Stehle typically represents clients on a contingency basis.  That means he assumes the risk of earning a fee.  In appropriation cases, he only receives a fee if he obtains more money for the owner than the final offer from the government.  The standard fee is one-third of the additional money received for the property owner.  Please refer to the FAQ page for more information.  The client is also responsible for related costs and that will be explained at the initial consultation at no cost.

 If you have questions about the eminent domain process, or if you would like for us to review an appraisal or an offer you have received from the government, please contact us today.  You are under no obligation.

Ohio Eminent Domain Laws

Eminent domain means the government has the constitutional right to take private property for public use provided it pays just compensation. What is public purpose?  The United States Supreme Court in Kelo v. City of New London decided that private property could be appropriated and eventually transferred to another private owner for the purposes of "economic development".  In Kelo v. City of New London the United States Supreme Court further decided to leave it up to the individual states to restrict this power of eminent domain.  Towards that end, the State of Ohio did two things to limit Ohio Eminent Domain Laws.

In 2006, The Ohio Supreme Court decided in the City of Norwood v. Horney that economic benefits inuring to the government and the community, standing alone, did not satisfy the public use requirement.  Moreover, in the aftermath of Norwood the Ohio The General Assembly enacted SB 7, to modify existing state law to balance the competing interests of public agencies and private ownership of land.  

SB 7 made important changes to Ohio Eminent Domain Law in Chapter 163 of the Ohio Revised Code.   SB 7's statement of purpose recited that it was to amend sections 163.01, 163.02, 163.04, 163.05, 163.06, 163.09, 163.12, 163.14, 163.15, 163.19, 163.21, 163.53, 163.62, 303.26, 719.012, 1728.01, 2505.02, and to enact sections 1.08, 163.021, 163.041, 163.051, 163.211 and 163.63 of the Revised Code to implement the recommendations of the Eminent Domain Task Force and to Create other procedures to protect the rights of property owners.

SB 7 repealed the existing sections 163.01, 163.02, 163.04, 163.05, 163.06, 163.09, 163.12, 163.14, 163.15, 163.19, 163.21, 163.53, 163.62, 303.26, 719.012, 1728.01, 2505.02, and 3735.40 of the Revised Code.

The General Assembly further stated that in accordance with City of Norwood v. Horney (2006), 110 Ohio St.3d 353, in which the Supreme Court held the right of property to be a fundamental right protected by the United States and Ohio Constitutions, and it found that the exercise of the power of eminent domain at any level of government is a matter of statewide importance and declared that the Act be construed to apply generally throughout the state.

These amendments in a very practical way assist this office in representing the landowners especially when the governmental agency fails to make a good faith offer in taking property for a public purpose.  We congratulate the General Assembly for their efforts.

For more information on the Ohio Eminent Domain Laws, please e-mail Mr. Stehle directly by clicking here.  

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