July 26, 2006

All is not lost: Logic still can win in America


Eminent domain abused
Ohio Supreme Court overrules Norwood home-taking

The city of Norwood cannot take property by eminent domain to give to a private developer, the Ohio Supreme Court ruled today.

In holding parts of Ohio’s eminent domain law unconstitutional, the state’s highest court set a different course than the U.S. Supreme Court did in its landmark Kelo v. New London decision last year.

There, the Supreme Court ruled that a Connecticut city’s taking of property for economic development was constitutional – but made clear that state constitutions could set different standards for property rights.

The Norwood case is expected to be closely watched around the country. It was the first major eminent domain case to reach a state Supreme Court since Kelo.

The case was brought by property owners Joseph Horney, Carl and Joy Gamble and Matthew F. Burton, who argued that the city should not be able to take their properties and deed them over to Rookwood Partners for a $125 million shopping and office complex.

From The Enquirer

I'm shocked to see this kind of logical ruling by the Ohio Supreme Court, maybe my state has hope after all. ;-P

Posted by Muddy at July 26, 2006 11:57 AM



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