When the government uses eminent domain in Ohio, it does not always take an entire piece of property. A “partial taking” happens when the government only needs part of a property to complete a public project, such as a road expansion or a new utility line.
In these cases, the rest of the property remains in the owner’s hands, but the value and usefulness of that remaining portion may suffer. By understanding the implications of a partial taking, you can decide if this solution is preferable to a drawn-out legal battle against the local government.
What can you gain from a partial taking?
Ohio eminent domain law allows property owners to seek compensation for both the portion taken and any damages to the remaining land. The Ohio Revised Code provides guidelines for calculating fair market value and any loss to the residue. The key issue becomes whether the partial taking causes a decrease in value or usefulness to the land that remains.
For example, if a road project removes a business’s parking lot, the business might lose customers. If a farm loses access to irrigation or equipment access routes, it may no longer operate efficiently. These types of losses often qualify as damages under Ohio law and deserve compensation.
How should you pursue a partial taking?
Pursuing a partial taking claim requires clear evidence. You should gather documents, photographs, property appraisals and expert opinions to prove how the taking affects your remaining property. Ohio courts will review whether the taking leaves the remaining land less valuable or less functional. If the impact proves significant, the court may award compensation for both the land taken and the resulting loss.
It is also important to consider future plans. If the partial taking blocks development or reduces access to your property, it may limit future use or real estate sales. Ohio courts take these factors into account when reviewing claims for damages.
Partial takings may seem smaller than full property seizures, but they often bring major consequences. If the government only takes part of a property, you should fully understand how the change affects the value, use and future of the land.
