Court rules local village can exercise eminent domain

On Behalf of | Apr 12, 2024 | Real estate litigation |

Eminent domain can quickly consume your property if you’re in the way of development. And these takings occur all the time, too. In fact, property owners in Luckey, only about 20 minutes south of Toledo, were recently dealt a blow by a lower court judge who found that the village was justified in taking their property under the theory of eminent domain.

Facts of the eminent domain case

There, the village claimed that it needed the land to create a public water system, including a water treatment plant. The village currently operates on well water. To secure the property, the village had offered the landowners more than $500,000 collectively, but that offer was never accepted, and the landowners took the matter to court.

However, the court found that the village was justified in taking the land and had made a good faith offer to purchase the properties in question. The case may be appealed, after which there will be a hearing on what compensation is considered just under the circumstances.

What lessons can be learned from this case?

Although the case isn’t fully resolved at this point, there are still some things we can learn from it. First, the court here indicated that the taking in question doesn’t have to be imminently necessary to trigger eminent domain. Second, even when a taking is found to be justified, you may still have an opportunity to negotiate or litigate over just compensation.

Therefore, if it looks like the government is going to be coming for your land, then you need to be prepared to either attack the necessity of the taking or advocate for the just compensation you deserve. If you’re unsure about how to do that, then consider reaching out for any assistance that you may need.

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