Ohio's High Court Says City Can't Take Property for Economic Development

[LiberalHeart]

COLUMBUS (AP) - The Ohio Supreme Court ruled unanimously on Wednesday that a Cincinnati suburb cannot take private property by eminent domain for a $125 million project of offices, shops, and restaurants, finding that economic development isn't a sufficient reason under the state constitution to justify taking homes.

http://www.wtol.com/Global/story.asp?S=5200711

(Moderator: this is not just an Ohio story; it takes on the US SupCo ruling that made properties fair game for developers, and it could affect several states.)

[Ezlivin]

1. Yeah! It's about time!

Down here in Texas the Dallas Cowboys grew weary of their "old" stadium in Irving and wanted new digs. After a multi-million dollar ad campaign they narrowly convinced Arlington voters to declare eminent domain on some existing businesses and homes. Now the new stadium is going into Arlington and folks have to find new jobs/businesses and homes.

[aquart]

2. Oh, this is a battle worth fighting.

Let no George W. Bush ever get rich confiscating private property again.

[sandnsea]

3. sigh

First of all, if Ohio law is different than Connecticut law on eminent domain, then it is perfectly legal and consistent to have two different standards. That was one aspect of Kelo. Another was that New London was not implemnting ONLY a commercial development so it appears to be different from this case right from the gate.

[LisaM]

4. Good ruling, I support it, BUT......

there are places where the greater good argument would also work. Case in point: Detroit. Private property owners are hanging on to rotting old houses waiting for a real estate boom. So all the economic development in Detroit is ringed by decrepit crack houses.

[eallen]

5. That ruling does is consistent with Kelo, and does NOT "take it on"

In Kelo, the US Supreme Court ruled that eminent domain as practiced in Connecticut does not violate the federal Constitution. In this latest ruling, the Ohio Supreme Court overturned Ohio eminent domain law on the basis of the Ohio constitution. The ruling has absolutely no effect on eminent domain in any other state. It is perfectly consistent with the Kelo ruling, since state constitutions may and often do impose more rigorous limits on state law than does the US Constitution.

[w4rma]

6. Good. (nt)

[ThomCat]

7. Wow. Ohio takes a progressive stand!

That's cool, but a bit surprising.

[dsc]

8. No this ruling is not at all relevent in any other state

COLUMBUS (AP) - The Ohio Supreme Court ruled unanimously on Wednesday that a Cincinnati suburb cannot take private property by eminent domain for a $125 million project of offices, shops, and restaurants, finding that economic development isn't a sufficient reason under the state constitution to justify taking homes.

end of quote

This is based on the state constitution and not the federal one. States have every right, and responsibility, to interpret their constitutions. SCOTUS can force states to grant rights but can't forbid them from doing so.

[LiberalHeart]

9. It is related to the US Supco ruling in that...

...their ruling said it's okay to take homes for development. The states must undo that one by one, and Ohio is the first to do so since the US ruling. A lawyer says at the end of the article he thinks it'll affect other states. That's what I meant in my note to the moderator -- i.e. this isn't just about Ohio. Often moderators see a state mentioned in a story, then banish the story to the state discussion groups (where few see it) when the impact of the story isn't limited to a single state.

[dsc]

12. Surely other states may follow suit

to be honest I have no clue what the relevent clause says in the Ohio Constitution. Ohio's Supreme Court is also quite conservative. It it is saying this then it is likely many others will follow. I just didn't want people thinking this could be sited in NC or anywhere outside Ohio.

[theHandpuppet]

10. Right on!

About damn time, too!

[columbusdem]

11. Wow!

This is a welcome break from the norm at a time when the our government is being run by corrupt crazed Republicans. This also a perfect example of a real surprise, as opposed to, say, finding out that Lance Bass is gay. ;-)