Tag Archives: Eminent Domain

Ohio Supreme Court on Eminent Domain

Late last month the Ohio Supreme Court said, “Enough.” In a unanimous ruling, the Court stated that homes and small businesses could not be snatched up by the government (the city of Norwood in this case) and handed over to those who might make more money with it (in this case a millionaire developer and his partners). The Court also required that state courts use “heightened scrutiny” to such cases, and that vague language cannot be used to describe the reason for seizing the property. In this case “deteriorating” was the descriptor and was considered vague by the Ohio Supreme … Continue reading →

Eminent Domain

The power of governments to enact eminent domain to condemn blighted properties and develop those properties for public use, has changed to the “right” of governments to snatch property away from lawful owners for economic development. Eminent domain is nothing new, but the 2005 case of Kelo v. City of New London, brought the issue to the public eye. Property owners led by Suzette Kelo, decided to confront the city, knowing that grabbing personal property –people’s homes- just to make a profit did not equate to “public use.” Public use (such as necessary roads, bridges, or schools) was up until … Continue reading →

New London Connecticut to Evict Homeowners in Eminent Domain Case

As expected, the City Council of New London Connecticut voted 5-2 to begin eviction proceedings against the remaining riverfront homeowners in the landmark Kelo vs New London dispute. The families from the Fort Trumbull area are still considering further legal action against the city. Options remaining for the homeowners include appeals to state government to rescind the funding for the planned development, or civil disobedience. They have retained legal representation through the Institute for Justice, a Virginia based group which advocates ending eminent domain abuse. Their lawyer, Scott Bullock says “This is a civil rights struggle to save poor and … Continue reading →

Kelo vs. New London Eminent Domain Evictions May Be Near

The homeowners in the New London Connecticut eminent domain case are down to the wire. Governor Jodi Rell proposed allowing the remaining homeowners to live in their homes, retain the deed, but give the tow the right of first refusal when they sell. This plan is not supported by the Mayor or City Council, and the Council will vote tonight on whether to begin evictions. 5 of 7 council members are against Rell’s plan. The case was started when nurse Susette Kelo refused to sell and became the lead plaintiff in a court battle that reached the United States Supreme … Continue reading →

Eminent Domain in Riviera Beach Florida

Recently I wrote an article about laws being enacted by the Florida Legislature to curb eminent domain abuse. The new law restricts a government entity’s ability to force the sale of private property to a private developer in order to gentrify the area or attract larger property tax revenues. The question of eminent domain in Riviera Beach, Florida, is becoming an interesting one. The city is proceeding quickly with a contract for a 2.4 billion dollar redevelopment project, displacing some 5,000 homeowners. Governor Bush has indicated that he intends to sign the bill into law once he receives it. The … Continue reading →

Eminent Domain – Coming to a Neighborhood Near You?

The right of a local government to exercise eminent domain is nothing new. Government entities have long had the right to compel the sale of private property for public benefit, such as building a new highway, or re building a blighted area. Over the past few years, eminent domain has been used for a new type of renewal – gentrification and luxury/commercial development that generate more tax revenue into a community. Misuse and outright land grabbing are a cause for concern in communities that are not wealthy, but certainly are not “blighted”. The fifth amendment of the US Constitution says … Continue reading →

Eminent Domain and the Homeowner

What does Eminent Domain mean to you? It used to mean that the government had the right to take (usually condemnable) property, at a fair rate, to use it for roads, hospitals, or some other community necessity. Today it means you could lose your home if someone can make the government more money with your property. News reports indicate that thousands of properties have been targeted in the past few years, and these are not instances where the land is needed to provide necessary improvements or services. These properties are being taken and given to others under the guise of … Continue reading →