“Appropriation,” “eminent domain,” “condemnation” and “takings” are all terms that commonly refer to the government’s ability to take property for public use. However, there are limitations on this power from both the U.S. and Ohio Constitutions, as well as safeguards in the Ohio Revised Code, that protect landowners. Here are five important things to remember if you or your land becomes involved in an eminent domain situation:
1. Prior to filing a petition to appropriate land, the government must complete an appraisal, give notice to the landowners, and make a good faith offer to purchase the property.
2. If faced with eminent domain, a landowner should engage a private attorney and obtain a private appraisal as soon as possible.
3. Any eminent domain project must be necessary and for a public purpose. Eminent domain solely for the purpose of economic development or redevelopment by a private entity does not meet the public use requirement under Ohio law.
4. Certain agencies and projects have the power of “quick take” which allows them to bypass some of the eminent domain requirements. This is most commonly used for emergency situations and for building public roads.
5. Farmers have special protections in eminent domain situations, including the possibility of attorney costs and additional Ohio Department of Agriculture review of the project in certain situations.
More Landowner Information
For further explanation of these tips and other information on other topics impacting landowners, Ohio Farm Bureau members can log in and download the Landowner Toolkit. Not a member? Join today!
Get the full list of landowner topics covered in the toolkit, with tips blogs for each in Ohio Farm Bureau’s Legal Information Series.
Also, listen to Legal with Leah, a podcast featuring Ohio Farm Bureau’s Director of Ag Law Leah Curtis discussing topics impacting landowners.
The Small-Scale Food Business Guide covers federal and state regulations for selling food products such as raw meat, dairy, eggs, baked goods, cottage foods, fruits and vegetables, honey and more.
Read More
Agriculture for Good Government PAC has endorsed Justice Joseph Deters, Judge Dan Hawkins and Judge Megan Shanahan for election to the Ohio Supreme Court.
Read More
The Ohio State University President Walter “Ted” Carter Jr. visited Ohio Farm Bureau President Bill Patterson and his family at their farm, Patterson Fruit Farm, July 23, 2024, as part of Carter’s tour of Ohio agriculture.
Read More
As Ohio Farm Bureau Policy Counsel Leah Curtis notes in this Legal with Leah, these changes should result in significant tax savings for many Ohio woodland owners.
Read More
Craig Pohlman of Venedocia was recently named to the seven-member Ohio Farm Bureau Health Benefits Plan Board of Trustees.
Read More
CAUV 202 took a deeper dive into how tax bills are formulated and what exactly goes into the Current Agricultural Use Value numbers.
Read More
After years of advocacy from Ohio Farm Bureau and its partners, the Ohio Department of Taxation announced today that it will address inaccurate woodland calculations in the Current Agricultural Use Value program.
Read More
Marlene Eick of Wooster has been named senior director, leadership development for Ohio Farm Bureau.
Read More
The 2024 Ohio Farm Bureau Foundation Golf Invitational raised over $110,000 for foundation scholarships, grants and programs that help enhance agricultural communities and support careers in agriculture.
Read More
An unusually warm February and March has Ohio produce crops maturing ahead of schedule, which impacts u-pick operations.
Read More
