Menu

By Seth Teter

It's called a "quick take."

The Ohio Department of Transportation (ODOT) appraised the Fairfield County farm, deposited $126,000 with the court and built a highway through the middle of the property. This was before the family could challenge the offer, before they were forced to spend $250,000 on experts and lawyers and before an independent appraisal came in at more than $1 million.

In Paulding County, a farmer faced eminent domain proceedings when local officials pushed for a new railroad spur. The land was to be split so a neighboring private business could have direct railroad access instead of using a delivery point about one mile away.

Hamilton County residents saw their neighborhood razed so a developer could build condos and a retail complex. The developer had paid for a study that determined the neighborhood was "deteriorating" based on factors such as small front yards and roads that ended in cul-de-sacs.

And a Franklin County farmer was finally forced to go out of business and relocate after losing land to eminent domain projects for the fourth time. "It always seems eminent domain never offers what the value of the land is," he said.

These are just a few instances of eminent domain abuse, which OFBF members frequently report to the organization. In all, 72 entities in Ohio have the power of eminent domain. Some are nonelected boards, others are privately-owned companies. Landowners often say they receive low-ball offers for property. It can cost them tens of thousands of dollars in legal fees and take years to settle eminent domain disputes.

"Unless we level the playing field, we're going to continue to be taken advantage of," said Larry Gearhardt, OFBF senior director of local affairs.

So with widespread public support on their side, Ohio farmers are sending a message: "Stop taking our property."

That's what 37 OFBF members told state lawmakers during a recent Statehouse visit. Wearing large, red STOP (Stop Taking Our Property) buttons, the farmers expressed support for legislation to reform Ohio's eminent domain laws during a meeting of the Senate State and Local Government and Veterans Affairs Committee

Senate Bill 7, introduced by Sen. Timothy Grendell, R-Chesterland, outlines specific conditions that must exist for government to take private property. It also includes measures to ensure the fair treatment of property owners. Senate Joint Resolution 1, introduced by Sen. Kevin Coughlin, R-Cuyahoga Falls, would place a constitutional amendment before Ohio voters, which would require would require all government agencies to be bound by the same definition of blight.

Before traveling to the Statehouse, the farmers met with Grendell, who said eminent domain reform would not be possible without the support of OFBF. He said that over the years, government takings of private property have strayed from their original purpose of benefiting the public.

"The law favors the government. The process favors the government. And that's just not right," he said.

OFBF has recently sent postcards to Farm Bureau members who have not renewed their membership, which explain the organization's efforts to protect their property rights.

"This is a great opportunity to talk with your neighbors about eminent domain and encourage them to join Farm Bureau," said Janet Cassidy, director of membership marketing. "We're working closely with the legislature to enact pro-farm and pro-private property recommendations and we need everyone's support."