When the government requires immediate access to private property, it may invoke a legal mechanism known as a “quick take.” This process can catch property owners off guard, making it feel as though their land was seized without warning. But what does this process actually entail for you?
How a quick take works
In Ohio, a “quick take” permits specific governmental bodies to assume possession of private property before a court determines final compensation. This often occurs in the context of public infrastructure projects, such as highways or utility installations, that demand urgent action. Once the agency deposits an estimated compensation amount with the court, it can proceed with the project without delay.
You still retain the right to contest the compensation amount. The dispute will proceed to court, where a judge or jury will establish the property’s fair market value. However, the government is not required to wait for this judgment to access and utilize the land.
Why quick takes happen
Government agencies turn to quick takes when project delays could jeopardize public safety or hinder essential timelines. For instance, if a critical roadway needs immediate repair, a quick take may be filed to ensure timely execution. This approach helps prevent disruptions to public services, although it can feel inequitable to affected property owners.
Only authorized entities may initiate quick takes. Municipalities, counties, and designated state departments must comply with stringent legal protocols. This expedited process does not apply in all eminent domain cases.
What rights you keep
Even under a quick take, your legal protections remain intact. You can challenge the compensation in court, present supporting evidence, and file appeals when appropriate. The government must demonstrate that the project serves a legitimate public purpose and adhere to established legal standards.
A professional appraisal can strengthen your case. Maintain thorough records of your property’s condition, market value, and any associated losses. This information can support your claim for equitable compensation.
Quick takes allow the government to take early possession, but they do not diminish your rights. Ohio law provides avenues for you to defend your property’s value, even after possession has occurred. Stay informed, ask questions, and make your position known throughout the legal process.
