New bill could end current eminent domain suits in Ohio

On Behalf of | Feb 22, 2021 | Eminent Domain |

Owning land and property is the goal for many residents in Ohio and elsewhere; however, there are ways some or all of one’s property could be taken from them despite having all financial aspects in line. Through eminent domain, the government could take the land of private citizens for the benefit of the public. Because most do not want to lose some or all of their property even through lawful means, citizens are able to take steps to possibly stop this taking of their land.

Ohio eminent domain law

A bill was introduced recently by state representatives in Ohio, and this bill would revise the current eminent domain laws that currently gives governing bodies and probate courts the power to veto when land-taking is for recreational trails. It was stated that this bill was a response to the Mill Creek MetroParks commissioners’ court filings to acquire roughly 30 acres from several hundreds of parcels owned mostly by private landowners as a means to finish a 6.4 mile span of a bikeway.

The reaction was that there needs to be a balance when it comes to utilizing eminent domain. The taking for a recreational trail is evidentially impacting the lives of many, which they believe to be evidence of an overstep.

New bill

The new bill would allow for new veto powers in the counties that have only one probate court only after homeowners have filed objections to the land seizure. Thus, eminent domain could be halted if there is a majority vote by the governing body or a probate court ruling. As it stands, some of the affected landowners for this bikeway have accepted offers; however, several are still fighting through lawsuits to maintain all of their property.

When a landowner is impacted by the act of eminent domain, it is important that they fully understand the matter at hand. This means exploring the details of the taking and considering what measures he or she could take to stop the process. Becoming informed of one’s rights and options is the best way to ensure his or her rights and interests are protected.