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Task force examines Ohio's eminent domain laws

Published on 03/13/2006

One person said he was unaware of farmland ever been taken inappropriately by eminent domain in Ohio. Another said he felt that Ohio's eminent domain laws were sufficient and didn't need changed.

These were some of the thoughts expressed recently by members of an eminent domain task force that is deciding whether Ohio needs to adjust its eminent domain laws in light of the U.S. Supreme Court's infamous Kelo decision last summer. The high court ruled that property could be taken from one landowner to advance the economic development efforts of another private entity.

Late last year, Gov. Bob Taft signed a bill that established a moratorium until Dec. 31 on the use of eminent domain by any entity if the primary purpose is economic development and created a task force to study Ohio's eminent domain laws. Larry Gearhardt, OFBF's director of local affairs, is on the 25-member task force, which includes lawmakers, attorneys, city planners and a judge.

The task force has an April 1 deadline to decide how the General Assembly should respond to the Kelo decision. The options range from taking no action to making changes to the Ohio Constitution. If the task force decides changes are needed to Ohio's eminent domain laws, it has until Aug. 1 to make specific procedural suggestions.

On March 2, the task force met for the second time and heard from three people who testified that Ohio's eminent domain laws need little, if any, changes.

"The Kelo decision did not change Ohio's eminent domain law in any meaningful way. Because eminent domain has been a critical tool in economic development and job creation, I urge you to move cautiously with respect to any suspension of this power or changes to this law," said Carol Caruso of the Greater Cleveland Partnership, a northeast Ohio economic development organization.

Task force member Ty Pine, director of the Ohio Chapter of the National Federation of Independent Business, disagreed, saying the Kelo decision did have an impact on Ohio.

"Before Kelo, we thought there was a protection for Ohio's small businesses and farms but that protection is no longer in play," he said.

During the 2 1/2 hour meeting, Sen. Tim Grendell noted that the task force needs to look at not only urban, but rural issues dealing with eminent domain.

"I'm not aware of any farmland being taken by eminent domain for economic development," said task force member Joseph Ditchman, who represents the real estate industry.

His remark prompted Gearhardt to tell the group that this was not the case and that he planned to have people testify about how their farmland was taken by eminent domain.

"Some people don't understand the importance of land to our members," Gearhardt said before the meeting. "They don't understand why a fifth-generation farmer doesn't want his land taken."

Gearhardt said the eminent domain process in Ohio needs changed. He said some local officials use the threat of eminent domain as a means to get their way because they know the landowner doesn't have the money or time to fight them.

"We object to the process," Gearhardt said, noting that some of those who make eminent domain decisions are not even elected officials. "If you do a study of eminent domain cases, you'll find that often it's the simple threat of eminent domain that gets the project moving."

Caption: Ohio Gov. Bob Taft (r) shakes hands with OFBF Executive Vice President Jack Fisher after signing a bill into law late last year that created the eminent domain task force.

 
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