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