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State Sen. Tim Grendell is pretty straightforward when asked about a new task force charged with examining Ohio’s eminent domain laws. "This is a very serious issue. We’re talking about the constitution and what it says about the protection of private property rights," he said.

The eminent domain task force was mandated by Senate Bill 167, recently passed by the General Assembly in response to the U.S. Supreme Court’s "Kelo" ruling, which held that government bodies have the authority to take a person’s private property and give it to another private entity for the purpose of economic development. Grendell, who sponsored the bill, said that’s "unacceptable."

"I don’t know how we got to this point where government has to take land (to spur) economic development. For 230 years we’ve protected private property rights and the economy has developed quite nicely," Grendell said. The Chesterland Republican added, "The best economic development comes when government keeps its hands out of it."

Government will have to adhere to Grendell’s hands-off approach for at least the next year. A provision in S.B. 167 establishes a moratorium until Dec 31, 2006 on the use of eminent domain by any entity if the primary purpose is economic development. During that time, the task force will study the impact current eminent domain laws have on the state, residents, local governments and economic development. It will also look specifically at how the Kelo ruling affects state law. By April 1 the task force will report what it has learned and by Aug. 1 it will recommend updates to state law.

Rep. Bob Gibbs, R-Lakeville, thinks it was a good decision to create the task force and give it some time to fully examine the issues. Public reaction to the Kelo ruling was dramatic, and while the legislature wanted to respond, "We didn’t want a knee-jerk reaction that might cause more problems in the future," he said. Gibbs, who sponsored S.B. 167’s companion legislation in the House, said the task force should work toward solutions that protect private property rights but also preserve appropriate uses of eminent domain authority, which Gibbs said "can be an important tool." "We just don’t want to empower government to a level that our founding fathers never intended."

OFBF will participate in the task force’s discussions but so too will be some competing interests, according to Rocky Black, OFBF’s director of legislative affairs. "Developers, trial lawyers, prosecutors, realtors; the politics in this task force will be pretty interesting," Black said. An agricultural representative is one of the mandated participants on the 26-member task force. Leadership in the Ohio House and Senate will name the majority of the panel members. OFBF expects to fill the ag slot.

Black said OFBF will press for several improvements in the state’s eminent domain laws. "We’ll be looking for a more limited authority (to take land)." Farm Bureau is also interested in reducing the number of government bodies, currently at 72, which have eminent domain powers. "There shouldn’t be so many, and those that do have the authority should be elected officials who are responsible to the voters, not unelected appointees" Black said. Another item on Farm Bureau's agenda is to create an appeal process "so that people who have their land targeted under eminent domain don’t have to go out and hire a lawyer to protect themselves," Black said.

Grendell has his own list of items he wants the task force to address. Among them are higher compensation amounts for land that’s taken under eminent domain and placing the burden of proving valuation on the government instead of the landowner. Gibbs wants the definition of "blighted property" examined so local governments can’t overuse that designation to justify property takings.

Caption: OFBF Executive Vice President Jack Fisher explains farmers’ strong feelings about eminent domain laws during Senate testimony.