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by Natalie Walston

There have been numerous complaints by farmers that the Ohio Department of Transportation (ODOT) has underpaid landowners when taking property by eminent domain to improve highway systems.

The Ohio Eminent Domain Task Force, made up of 25 members that include lawmakers, attorneys, a judge and city planners, is debating whether to force ODOT to pay for landowner's attorney fees when fighting such takings. Ohio Farm Bureau Federation (OFBF) is in favor of ODOT paying for such fees if a jury comes back with a reward for the landowner that's 20 percent higher than the government's last offer, according to Larry Gearhardt, OFBF's director of local affairs. Gearhardt is also a member of the task force.

ODOT's Director Gordon Proctor addressed the task force July 13 stating his opposition to such payments. Proctor said that in a typical year, ODOT pays landowners $57 million for acquisitions; he said typically there are 1,800 acquisitions a year. ODOT's operating budget is around $2.5 billion, half of which comes from the federal government.

"Of those acquisitions," he said, "87 percent are negotiated directly with property owners. The remaining 13 percent are settled in court."

He said ODOT is in favor of providing relocation benefits for all, appraisal disclosures and more public involvement.

"Payment of attorney fees and costs in cases where ODOT clearly misses the value of the property is necessary to level the playing field between a landowner and a government agency," Gearhardt said. He said ODOT has a great deal of confidence in its appraisal process.

"If the process works so well, ODOT should not be afraid of reimbursing the landowner for attorney fees," he said.

Meanwhile, Proctor reminded the task force that ODOT was originally a spin-off agency of the Ohio Department of Agriculture to provide routes for semitrailer to have access to rural communities.

"The second biggest commodity shipped out of Ohio is food," he said.

The task force has heard testimony from numerous farmers and other landowners since the group began meeting after the U.S. Supreme Court ruled that property could be taken from one landowner to advance the economic development efforts of another private entity. The task force will have its full report and suggestions for Ohio lawmakers by Aug. 1. OFBF is urging state lawmakers to amend the state constitution to protect homeowners and farmers from land grabs.

In late June President George Bush issued an Executive Order limiting the taking of private property by the federal government to situations in which the taking is for public use with just compensation. The order states "the taking should be for the purpose of benefiting the general public and not merely for the purpose of advancing the economic interest of private parties to be given ownership or use of the property taken."

Gearhardt said the order applies to federal agencies, prohibiting them from spending money for takings for economic development. But, it doesn't stop the federal government from, among other things, building public facilities, improving roads or acquiring abandoned property.

"This serves as an example of the types of things we should be doing in Ohio," Gearhardt said. "It illustrates that it requires drastic action to rein in the abuse of eminent domain."

But, he said Ohio still needs legislation to ensure such abuse doesn't happen in the future.

"Hopefully we'll have a similar result in Ohio," he said.

Caption: Ohio Farm Bureau Federation is working to ensure farmers and landowners are properly compensated for land acquisitions.