One fundamental factor in eminent domain is that the taking of property meets the threshold under state law for “necessary public use.” As the owner weighs their strategy and decides whether to fight the seizure or simply move forward and accept it, this is a major part of the process.
Understanding necessary public use
The agency that is trying to use eminent domain to take the property needs to show by a preponderance of the evidence that the decision is based on its need for the public good. One reason is to categorize the property a slum or a “blighted” area meaning its problems are such that it is not worth it to try and repair with physical degradation, a dangerous environment and economic hardship.
To prove this, there must be a development plan showing the public needs to take the property. There needs to be a study to show that the public needs this property. For example, perhaps a road needs to be built, a utility requires it to serve the community or public buildings must be constructed. When a legislative body governs the agency, they must get a resolution to show the public need.
People facing this issue need to be aware of the nuance of eminent domain. For example, the law states that there is a difference between the property being declared a slum or blighted as part of an emergency resolution or ordinance. The agency cannot make that finding in such circumstances. It also matters whether the public agency making the appropriation was elected or not. When there is a written objection by the owner, elected officials can veto an appropriation.
People must know their rights with eminent domain
Ohio residents might function under the belief that their property ownership is sacred and they are protected from it being unfairly taken from them. However, eminent domain does allow for property to be taken if it is deemed necessary.
Still, there are ways to fight eminent domain such as questioning its justification. If this fails, it is essential to know how to maximize compensation and benefits people are legally obligated to receive. Knowing what can be done is vital from the beginning and having assistance is a first step.
