Clinton County Ohio farm

Few laws are as reviled by landowners as the power of eminent domain. Farmers believe the government’s ability to take private property is an authority best used infrequently, said Leah Curtis, OFBF’s director of agricultural law.

“Generally we would oppose the government’s taking of farmland,” Curtis said while explaining Farm Bureau policy in a recent “Legal With Leah” podcast.

Government is empowered to take private property if it’s for “a public use.” And what is a public use? “That’s always the tricky question,” she said.

The definition of public use has been broadened to go beyond traditional uses such as roads, rail lines or utility pathways. Courts have ruled that in some cases, economic development also qualifies. If a government agency determines that a property would generate more taxes or a higher quality of life for the community, then that is also a basis for appropriating land. That power is limited; OFBF participated in an eminent domain overhaul that put restrictions on this type of taking under Ohio law.

In some cases, businesses can be granted the authority to take land. “Some private companies can use the power of eminent domain if they are putting in things like utilities that are generally going to benefit the rest of the community or the public at large,” Curtis said.

Pipeline construction in many parts of Ohio has landowners calling Farm Bureau for advice. Curtis said not all pipeline companies have the authority to do eminent domain. Questions over exactly which firms can use the power are currently being litigated in Ohio courts, and Farm Bureau is monitoring those cases.

Curtis said Farm Bureau policy on land takings is clear. “We would prefer that the government or anybody using eminent domain first try to purchase that property at a fair market price. And, generally we do oppose taking property for private use.”

In challenging a taking, the starting point often is to assess the necessity of the project. “Is this really needed, is this really going to be for a public use? That’s going to be the main issue the court is going to look at.”

Farm Bureau can help members understand the eminent domain process and point them to experienced legal counsel.

Curtis’ advice on whether landowners should get a lawyer involved early on: “Always.”

More Landowner Information

For further explanation of eminent domain and more 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.

Plus, hear a Town Hall Ohio panel discussion of various private property rights.

Ohio Farm Bureau membership

The issue of property taxation remains as one of the biggest challenges our members face today. Ensuring agricultural property is valued for its agricultural potential and not development is critical to the continued success of Ohio agriculture.
Matt Aultman's avatar
Matt Aultman

Darke County Farm Bureau

Giving farmers a voice
The plan we are on is great. It’s comparable to my previous job's plan, and we are a sole proprietor.
Kevin Holy's avatar
Kevin Holy

Geauga County Farm Bureau

Ohio Farm Bureau Health Benefits Plan
I could not have done it without the resources I have found through Farm Bureau.
Gretchan Francis's avatar
Gretchan Francis

Trumbull County Farm Bureau

Bringing the farm back to life
We really appreciate what Farm Bureau has done to get people interested in this line of work and workforce development and getting people interested in this industry.
Jody Brown Boyd's avatar
Jody Brown Boyd

Brown's Family Farm Market

Finding farm labor
We work terrifically with the Ashtabula County Farm Bureau, hosting at least one to two outreach town hall events every year to educate new farmers and existing farmers on traditional CAUV and woodlands.
David Thomas's avatar
David Thomas

Ashtabula County Auditor

CAUV: Past, present and future
Because we are younger farmers just starting out, Farm Bureau has a lot of good opportunities and resources to help us grow in the future.
Hannah Kiser's avatar
Hannah Kiser

Sandusky County Farm Bureau

Farm Bureau involvement
Through the Select Partner program, we became educated in farm insurance and weren't just selling policies. It became more and more clear why farmers need an advocate like Ohio Farm Bureau.
Chad Ruhl's avatar
Chad Ruhl

Farm manager, CSI Insurance

Select Partner Program
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.
Mary Smallsreed's avatar
Mary Smallsreed

Trumbull County Farm Bureau

Advocacy
Suggested Tags: