Eminent Domain
State
Opinion Summary
The City of Norwood cannot take property by eminent domain to give to a private developer. The City was working with a developer to establish a $125M shopping / office complex which would have brought in more than $2M per year in additional tax revenue. This sets Ohio in a different course than the ruling made by the US Supreme Court in 2004.
Findings: Economic factors may be considered --but alone, cannot justify a taking.
Conclusion: Although the judiciary and the legislature define the limits of state powers, such as eminent domain, the ultimate guardians of the people's rights, as evidenced by the appellants in these cases, are the people themselves. Judgments reversed.
Federal
KELO ET AL. v. CITY OF NEW LONDON ET AL.
Court ruled a Connecticut City's taking of property for economic development was constitutional; however, left open the States the rights to set different Constitutional standards for property rights.