Eminent Domain

July 14, 2007

Governor Signs Eminent Domain Law

On July 10, 2007, Governor Stickland signed Senate Bill 7 into law as new eminent domain legislation. The new law prohibits governments and agencies from taking private land solely for economic development and more clearly defines the existence of "blight."  Senate Bill 7 was crafted based on the Final Report and extensive recommendations of an Ohio Eminent Domain Task Force. According to the Beacon Journal, neither side of the controversy is happy with the law. However, the new law is consistent with the Ohio Supreme Court's 2006 decision in the consolidated cases of City of Norwood v. Horney,et al. and City of Norwood v. Gamble, et al., wherein the Ohio Supreme Court refused to allow a municipality to take private property solely for economic benefit. That opinion specifically rejected the United State's Supreme Court's conflicting decision in Kelo v. City of New London.

June 15, 2007

Tentative Settlement Reached in Flats Eminent Domain Case

The Plain Dealer and Newsnet5 have reported that all but one property owner in the Flats have reached a tentative settlement with the Cleveland-Cuyahoga County Port Authority in a pending eminent domain suit concerning Scott Wolstein's plan to put up shops, retaurants and condos on the Flats' east bank. Last year, the Port Authority sued to acquire the properties of 12 owners who still own land where night life in the Flats used to flourish. If the settlement is finalized, Wolstein will pay $17 million for 11 of the 12 properties. The 12th property owner claims that his property is worth a lot more than he has been offered.