Legal Question in Real Estate Law in Ohio
In Ohio, is it legal for a city code enforcement officer to demolish a home without any court order or court hearing of any kind. He is claiming it is a "public nuisance." There has been no claim made of eminent domain or compensation offered for the property.
1 Answer from Attorneys
In Franklin County these types of cases go through the Franklin County Municipal Court Environmental Division. Franklin County is the only County in the State of Ohio that has a dedicated Environmental Court. The Court has to declare the property a nuisance. The property owner of a nuisance property does not need to be compensated for the value of the property because they have failed to keep it up to code. Homes that are declared nuisance properties generally have outstanding tax liens, etc. that need to be satisfied, so after the demolition costs and costs associated with the tax liens, there is no value left to give the property owner.
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