Ohio
How Eminent Domain v. Liberty Mutual applies in Ohio: state-specific rules, key cases, and bar exam notes for Property.
Ohio follows the principle that eminent domain must provide just compensation to property owners when their land is taken for public use. The courts uphold the necessity of balancing governmental needs with the rights of property owners, as established in both statutory and case law.
Under Ohio law, any taking under eminent domain must be for a public purpose and require just compensation as dictated by the Ohio Constitution, Article I, Section 19.
The court held that the taking of property for a natural gas pipeline constituted a public use and mandated just compensation.
The court ruled that the city’s taking of private property for a development project was justified, affirming the public use requirement.
This decision emphasized that an agency's determination of public necessity must be supported by substantial evidence.
Ohio's approach mirrors the federal standard established under the Fifth Amendment, requiring just compensation for takings. However, Ohio explicitly requires a clearer demonstration of public necessity than some federal cases, which may defer significantly to legislative determinations.
Eminent domain principles, including public use and just compensation, are frequently tested on the Ohio bar exam, making familiarity with state-specific standards essential.