Menu

House Bill 449 is a proposal to remove the authority of local park districts to take land via eminent domain. OFBF testified in favor of the bill before the House Local Government and Townships Committee. The bill is sponsored by Rep. Tom Lendrum (R-Huron).

During testimony, OFBF Director of State Legislative Affairs Scott Williams told lawmakers, "The protection of private property rights is the core mission of Ohio Farm Bureau, and the irresponsible use of eminent domain authority is one of the greatest threats to a landowner."

Accountability is the issue, according to Williams. "These park boards are unelected. They’re appointed by the Probate Court judge. Landowners have no recourse at the ballot box when park boards use eminent domain inappropriately," he said.

Williams’ testimony further stated, "Rural landowners are constantly besieged by eminent domain, from proposed pipelines, expansion of roadways and the creation of well fields. House Bill 449 will simply eliminate one of the many appropriation threats facing landowners. While an eminent domain proceeding is never pleasant, it is easier to understand when the project results in a public good. A dangerous section of roadway is widened and made safer, a needed utility line is connected to a remote community, but when the project is the creation of a bike trail, for purely recreational use, the proceeding becomes harder to accept."

Williams’ testimony also stated, "The taking of private property for public use should always be a tool of last resort because there are few things more sacred than ownership of property and to deprive someone of that must be done in an appropriate manner. I ask (the Committee) to consider the appropriateness of continuing to allow a nonelected, unaccountable body to be permitted to remove private property from an individual’s ownership when they feel it is better used as a recreation center for the public."

Williams pointed out that most park districts are "good actors" and work well with local landowners. He said the bill is necessary because of "four or five abusers."

The bill has been before lawmakers several times in the past. Williams is hopeful it will receive more favorable attention this time because of a change in the make-up of the House committee.