Michaels Farm Clark County

“Appropriation,” “eminent domain,” “condemnation” and “takings” are all terms that commonly refer to the government’s ability to take property for public use. However, there are limitations on this power from both the U.S. and Ohio Constitutions, as well as safeguards in the Ohio Revised Code, that protect landowners. Here are five important things to remember if you or your land becomes involved in an eminent domain situation:

1. Prior to filing a petition to appropriate land, the government must complete an appraisal, give notice to the landowners, and make a good faith offer to purchase the property.

2. If faced with eminent domain, a landowner should engage a private attorney and obtain a private appraisal as soon as possible.

3. Any eminent domain project must be necessary and for a public purpose. Eminent domain solely for the purpose of economic development or redevelopment by a private entity does not meet the public use requirement under Ohio law.

4. Certain agencies and projects have the power of “quick take” which allows them to bypass some of the eminent domain requirements. This is most commonly used for emergency situations and for building public roads.

5. Farmers have special protections in eminent domain situations, including the possibility of attorney costs and additional Ohio Department of Agriculture review of the project in certain situations.

More Landowner Information

For further explanation of these tips and other information on other topics impacting landowners, Ohio Farm Bureau members can log in and download the Landowner Toolkit. Not a member? Join today!

Get the full list of landowner topics covered in the toolkit, with tips blogs for each in Ohio Farm Bureau’s Legal Information Series.

Also, listen to Legal with Leah, a podcast featuring Ohio Farm Bureau’s Director of Ag Law Leah Curtis discussing topics impacting landowners.

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My first recommendation in your journey is to start out with a local farming friend or mentor along with joining an organization like Ohio Farm Bureau.
Greg McGlinch's avatar
Greg McGlinch

Darke County Farm Bureau

New and beginning farmers
We’re just so thankful for the Farm Bureau and the foundation for helping put this together. And of course, the Boyert family for the vision they had with this grant. It’s jumping us forward 10 years. It’s unbelievable.
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Nathan and Jill Parriman

Clermont County Farm Bureau

Growing Tomorrow Grant
I could not have done it without the resources I have found through Farm Bureau.
Gretchan Francis's avatar
Gretchan Francis

Trumbull County Farm Bureau

Bringing the farm back to life
It wasn’t until I joined the Wilmington College Collegiate Farm Bureau that I truly saw how my passion could translate into leadership, advocacy and a career.
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Wyatt Morrow

Clinton County Farm Bureau

Youth pathways in Farm Bureau
The issue of property taxation remains as one of the biggest challenges our members face today. Ensuring agricultural property is valued for its agricultural potential and not development is critical to the continued success of Ohio agriculture.
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Matt Aultman

Darke County Farm Bureau

Giving farmers a voice
Through the Select Partner program, we became educated in farm insurance and weren't just selling policies. It became more and more clear why farmers need an advocate like Ohio Farm Bureau.
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Chad Ruhl

Farm manager, CSI Insurance

Select Partner Program
So many of the issues that OFBF and its members are advocating for are important to all Ohioans. I look at OFBF as an agricultural watchdog advocating for farmers and rural communities across Ohio.
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Mary Smallsreed

Trumbull County Farm Bureau

Advocacy
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