« It Ain’t Broke | Main | Lightning Striking Again »
July 26, 2006
Eminent domain abused
Ohio Supreme Court overrules Norwood home-taking
The Cincinnati Enquirer
By Gregory Korte and Steve Kemme
Ohio's Supreme Court ruled unanimously today that a Cincinnati suburb cannot seize private property by eminent domain for a $125 million project of offices, shops and restaurants.
In what was the first property rights case to reach a state high court since the U.S. Supreme Court's decision in "Kelo vs. New London" last summer, the court found that economic development is not a sufficient reason under the Ohio constitution to justify the taking of homes.
The Ohio case involves the city of Norwood, near Cincinnati, which used its power of eminent domain to seize homes and businesses for a private development in an area it deemed "deteriorating."
“It’s a complete vindication of the rights of the Gambles and Joe Horney and the Burtons, and the rights of every home and business owner in the state of Ohio,” said Dana Berliner, an attorney for the Washington-based Institute for Justice, a libertarian law firm that represented the Norwood property owners.
The Ohio court also ruled that taking property because it is in a "deteriorating area" is unconstitutional, citing the vagueness of the term and the inherent need to speculate as to the future condition of the property in question.
NoLandGrab: It's probably safe to say that the Ohio ruling was not warmly received at Forest City Ratner headquarters today. The Norwood case is likely to be watched closely by states around the country - including New York - and the particulars of the proposed (and aptly named) Rookwood Exchange development project bear striking resemblance to those of FCRC's "Atlantic Yards".
Posted by lumi at July 26, 2006 5:53 PM