Advocating for agriculture

Ohio lags behind most states in protections for landowners. In fact, when Ohio landowners are faced with losing property rights through eminent domain, the present law makes it difficult for them to defend their own interests and they often find themselves at a disadvantage.

House Bill 64, introduced by State Rep. Darrell Kick (OH-98) and State Rep. Rodney Creech (OH-40), would create a more direct legal route for a landowner to receive compensation when property is taken by the government without compensation, using a court action called inverse condemnation. In most states, when a property owner files an eminent domain case in court, the court starts by determining if there was indeed a taking of land or property value and if the owner is owed compensation. If so, the same court handles the trial to set the amount of compensation to the landowner.

Current Ohio law, on the other hand, requires a landowner to first file a lawsuit to force the government or entity taking property to follow the law, then separately go through the eminent domain process The farmer must prove by “clear and convincing evidence” that the law wasn’t followed, an incredibly high standard of proof to meet. 

“This legislation would give safeguards to landowners across Ohio to protect them from government and utilities taking property,” said Adam Sharp, executive vice president of Ohio Farm Bureau. “We appreciate Representatives Kick and Creech for bringing this issue forward and offering a path to bring Ohio in line with almost all other state and federal laws when it comes to eminent domain.”

“How eminent domain is used has always been a concern of mine,” said Rep. Kick. “While the ability to utilize eminent domain is important, I want to make sure that landowners have a say, so that power’s not abused.”

The proposed bill would also allow landowners to challenge the necessity of takings, makes a “good faith” offer the floor for compensation, penalizes coercive action, and grants landowners mandatory attorney fees for successful defense of appeals.

“This legislation is necessary to ensure that those who can’t afford to defend their land from eminent domain have policy in place to better protect their property rights,” said Rep. Creech.

Ohio Farm Bureau’s mission is working together for Ohio farmers to advance agriculture and strengthen our communities. Learn more at ohiofarmbureau.org.

This is a news release for use by journalists. Questions should be directed to Ty Higgins, 614-246-8231 or [email protected].

 

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: