Eminent domain allows government entities to seize private property for public use, such as highways, schools or utilities. This power aims to benefit the community but can be distressing for property owners who must relinquish their land. State and local governments hold this authority in Ohio, but property owners can contest it.
Challenging eminent domain
Property owners can challenge an eminent domain claim if it does not meet legal requirements. The law mandates that the government demonstrate that the property is necessary for public use. Owners can contest this by arguing that the proposed use does not serve a public purpose or that the taking is unnecessary.
Owners must file a complaint in the appropriate county court to initiate a challenge. They should gather evidence and present a strong case showing either the lack of necessity or public benefit within the period.
How is compensation determined?
Ohio law mandates that the government provide “just compensation” to property owners when it takes their land under eminent domain. This compensation should reflect the fair market value of the property. To determine this, appraisers consider factors such as:
- The property’s current use
- Its highest and best use
- Comparable sales
- The overall impact of taking on the remaining property
Owners have the right to negotiate the compensation amount. If they disagree with the government’s offer, they can present their appraisal and, if necessary, seek a court’s intervention to reach a fair settlement.
Taking legal action
Understanding eminent domain can be overwhelming, but you can overcome this situation with the proper guidance and resources. You may want to seek help from a legal professional who can assist you in challenging eminent domain. They can evaluate the validity of the eminent domain claim, assist in gathering evidence and negotiate fair compensation. Property owners can effectively protect their interests and make informed decisions with the proper support.
