“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.

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Growing our Generation
Having opportunities to attend leadership institutes, advocate for rural Ohioans on the state and national level, facilitate young ag professionals events, and serve in a variety of leadership positions have helped my skills grow exponentially.
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Sara Tallmadge

Ashland County Farm Bureau

Growing our Generation
Business Solutions
Labor has always been an issue, mainly because we are a seasonal operation. So that's a challenge finding somebody who only wants to work three months out of a year, sometimes up to six months.
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Mandy Way

Way Farms

Business Solutions
Washington, D.C. Leadership Experience
If it wasn't for Farm Bureau, I personally, along with many others, would not have had the opportunity to meet with our representatives face to face in Washington.
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Austin Heil

Hardin County Farm Bureau

Washington, D.C. Leadership Experience
Farming for Good
I was gifted the great opportunity through an Ohio Farm Bureau Foundation Youth Pathways grant to run a series of summer camps here. That really expanded my vision of what ‘grow, maintain, sustain and explain’ could actually be.
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Jim Bruner

Mezzacello Urban Farms

Farming for Good
Leadership development
I see the value and need to be engaged in the community I live in, to be a part of the decision-making process and to volunteer with organizations that help make our community better.
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Matt Aultman

Darke County Farm Bureau

Leadership development
Advocacy
So many of the issues that OFBF and its members are advocating for are important to all Ohioans. I look at OFBF as an agricultural watchdog advocating for farmers and rural communities across Ohio.
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Mary Smallsreed

Trumbull County Farm Bureau

Advocacy
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