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July 26, 2006

Eminent Domain Slam Dunk in Ohio!

The Institute for Justice is reporting that the Ohio Supreme Court has unanimously decided the taking of private property for economic development purposes in Norwood Ohio is unconstitutional.

The following note was sent out by the Institute for Justice earlier today:

I write to inform you that the Ohio Supreme Court, in a unanimous opinion, has ruled that under the Ohio Constitution: 1) "economic development" is not, by itself, a public use that would justify the exercise of eminent domain powers; 2) Ohio courts must apply "heightened scrutiny" when reviewing statutes that regulate the use of eminent domain powers; 3) the use of the "deteriorating area" standard to justify a taking is unconstitutional "because the term inherently incorporates speculation as to the future condition of the property... rather than the condition of the property at the time of the taking"; and (as a bonus) the statutory section that ostensibly prevented appellate courts from preventing the destruction of homes after the trial court's ruling in favor of the government is also unconstitutional under the separation of powers doctrine. This opinion appears to be an unequivocal home run for property owners in Ohio.

Posted by samstaley at July 26, 2006 08:10 AM




Comments

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Comment by: Sten81674 at January 22, 2007 02:32 PM

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My life's been pretty dull recently. Shrug. My mind is like a void. I haven't gotten anything done lately. I can't be bothered with anything recently.

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I haven't been up to much today. I've just been letting everything happen without me. Basically nothing seems worth bothering with. I've just been hanging out doing nothing. I just don't have anything to say right now. More or less nothing happening.

Comment by: Sten24825 at January 28, 2007 08:02 PM

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I've just been staying at home not getting anything done. I guess it doesn't bother me. Shrug. I haven't been up to anything. I haven't gotten much done today.

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I just don't have much to say recently. Such is life. I've basically been doing nothing. Basically nothing seems worth bothering with. Oh well.

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I just don't have anything to say right now. I haven't been up to anything recently, but it's not important. I've just been sitting around waiting for something to happen, but shrug.

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I just don't have much to say recently. Such is life. I've basically been doing nothing. Basically nothing seems worth bothering with. Oh well.

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Not much on my mind right now, but it's not important. I've just been letting everything happen without me. I just don't have anything to say right now.

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I haven't gotten anything done recently. I've just been hanging out doing nothing. I haven't been up to anything these days, but it's not important. Today was a total loss.

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Not much on my mind lately. My life's been completely boring these days. I've just been hanging out not getting anything done. So it goes.

Comment by: Sten75666 at February 4, 2007 02:15 AM

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My mind is like a bunch of nothing, but I guess it doesn't bother me. I haven't been up to anything recently. I've pretty much been doing nothing to speak of.

Comment by: Sten17007 at February 4, 2007 11:00 PM

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retty much nothing seems worth thinking about. My life's been completely dull , not that it matters. I've just been staying at home waiting for something to happen.

Comment by: Sten74682 at February 4, 2007 11:08 PM

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My life's been pretty dull recently. Shrug. My mind is like a void. I haven't gotten anything done lately. I can't be bothered with anything recently.

Comment by: Sten48184 at February 5, 2007 12:35 AM

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Not much on my mind lately. My life's been completely boring these days. I've just been hanging out not getting anything done. So it goes.

Comment by: Sten59756 at February 5, 2007 09:56 AM

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My mind is like a bunch of nothing, but I guess it doesn't bother me. I haven't been up to anything recently. I've pretty much been doing nothing to speak of.

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My life's been pretty dull recently. Shrug. My mind is like a void. I haven't gotten anything done lately. I can't be bothered with anything recently.

Comment by: Sten93248 at February 6, 2007 08:11 AM

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My life's been pretty dull recently. Shrug. My mind is like a void. I haven't gotten anything done lately. I can't be bothered with anything recently.

Comment by: Sten93248 at February 6, 2007 08:11 AM

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