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By Susie Taylor

When our forefathers left Europe hundreds of years ago, they left behind many ideals and traditions. But one practice they brought with them was a way for government to make sure services could be provided for its citizens – eminent domain.

The difference between then and now, is now landowners have some rights and land-seekers have some very specific responsibilities when it comes to obtaining land for the public good, according to Nan Still, director of agricultural law information for Ohio Farm Bureau Federation (OFBF).

What, exactly, is "eminent domain?" It is the statutory right of a governmental or private agency to acquire private property for a public purpose. The landowner may not be able to prevent the "taking," but he is entitled to compensation for the land taken and any damages or decline in value of any remaining property.

There are two different ways a qualified agency may acquire property – by physically taking it for another use or by creating regulations that significantly impact the way a property owner can use the land.

This is generally the most obvious and easily understood form of eminent domain. "Let’s say the State of Ohio determines a new highway needs to be built through a specific area," Still said. "The state would be able to acquire land it needed for the physical location of the highway; that’s a permanent taking. If the land constitutes an owner’s entire parcel, that’s a complete taking. If the highway project only needs a portion of a parcel, that’s a partial taking. And then, let’s say the state wants to use a piece of property to park its construction equipment during the construction, and after the highway is finished, the owner has use of that land again, that’s a temporary taking."

Landowners are entitled to be reimbursed a fair market value for the land, along with any diminished value of the remaining land, appropriated for the highway – or any other project for which land is acquired. If the taking is temporary, the property should be returned to its original state after the entity is finished with it, Still said.

This is the most difficult type of eminent domain for landowners. An entity hasn’t physically taken the use of property, but, instead, has established specific regulations that prohibit the property owner from using that property in the way it was intended, Still explained.

"Let’s say someone owns a piece of property that is zoned to be used for a commercial purpose and decides to open a business on that land. After the zoning officials hear about this property owner’s plans, they decide they don’t want that specific business in their area. The officials vote to adopt a new regulation that prohibits the use. The entity hasn’t stopped the property owner from being able to conduct all business, just a specific type. That could be construed as a regulatory taking," Still said.

Sometimes it’s hard to determine if a "taking" has officially occurred. If you’re not sure, get an expert’s opinion.

Keep looking in future issues of Buckeye Farm News for more information about eminent domain. This is the first of a periodical series on the issues. Future topics will include an overview of the procedures involved in eminent domain and when a "taking" isn’t really a "taking."

If you’d like more information about eminent domain, contact Still at 614-677-2714.