Score one for Ohio property owners: Court: Land seizures can't be just for economic gain

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Date: July 27, 2006
From: Columbus Dispatch (Columbus, OH)
Publisher: Tribune Content Agency
Document Type: Article
Length: 772 words

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Byline: James Nash

Jul. 27--Ohio property owners won a resounding victory yesterday over cities and developers that attempt to seize private property for shopping centers and other commercial projects.

The state Supreme Court ruled unanimously that cities cannot take private property solely for the purpose of economic development. Nor can cities deprive people of their property simply by labeling neighborhoods "deteriorating" and thus in need of redevelopment, the court ruled.

It is the first state supreme court decision on eminent domain since the U.S. Supreme Court ruled last July that local governments could claim private property and turn it over to developers. The federal court's 5-4 decision drew fierce criticism from propertyrights advocates.

Local governments across the country have long used eminent domain to override private-property rights in the interest of a broader public good, such as a highway, airport or even a shopping mall. In Columbus, eminent domain helped pave the way for the City Center mall, the South Campus Gateway and other projects.

The Ohio court's 7-0 ruling blocks a Cincinnati-area developer from tearing down three homes that stand in the way of a proposed office, condominium and retail complex in...

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