Legal Question in Real Estate Law in Ohio

ANSWER: Yes, howeveer the municipality must pay reasonable compensation to the owner under the laws of Eminent Domain.

Here's a psage from my column:

LEGALLY SPEAKING� ...EMINENT DOMAIN

By: J. NORMAN STARK, ATTORNEY, ARCHITECT EMERITUS (Ohio) A.I.A., N.C.A.R.B.

Eminent domain is the legal right of federal, state and local governments, and even certain private companies including railroads and public utilities, to take private property for public use. The taking of property under the laws of eminent domain may be exercised for uses such as construction of roads, libraries, or even airports. The U.S. and Ohio constitutions provide that property shall not be taken for a public use without the payment of just compensation to the lawful owner.

When real property is taken or appropriated for public use, the taker is required by law to pay the owner just compensation. Under Ohio law, just compensation is defined as the �fair market value� of the property taken. Fair market value is the amount of money which could be obtained on the market at a voluntary sale of the property. It is defined as the amount a purchaser who is willing, but not required to buy, would pay and that a seller who is willing, but not required to sell, would accept, when both are fully aware and informed of all the circumstances involving the value and use of the property.

Eminent domain negotiations are highly complex legal proceedings. Owners confronted with easement or property appropriation should immediately retain the services of an experienced Attorney to represent them. While the appropriating authority may try to hurry legal possession, an experienced attorney can legally delay, assisting the owner with proper legal measures necessary to obtain just compensation and protecting rights from being either waived or lost. Owners entitled to just compensation for the land being taken may also be entitled to compensation for any damage to the balance of the owner�s remaining real property. This may include damages for loss of future potential uses, or for loss of future development opportunities. With proper proof, owners may also be entitled to relocation expenses, and compensation for loss of income or good will.

WHERE EXPERIENCE COUNTS, COUNT ON MY EXPERIENCE

J. NORMAN STARK, ATTORNEY

ARCHITECT EMERITUS (Ohio) A.I.A., N.C.A.R.B.

1109 Carnegie Avenue Cleveland, Ohio 44115

(216) 531-5310 x7100 Email: [email protected]