Appropriation or Condemnation, It Means Eminent Domain
When the government and public utilities use a number of different terms when they take private property from Ohio landowners. Terms such as "appropriation," "condemnation," and "eminent domain" all mean the same thing - private property is being taken involuntarily.
Examples of the government’s exercise of this power is in taking privately-owned land for the building of public road projects, flood control projects, schools, airports, and many other types of public projects. (For a complete list, please visit our Learn the Law section.) The government may also delegate this power to private companies for for-profit projects deemed to serve the public’s interest, such as certain types of pipelines, power lines, and railroads. The entity taking land by eminent domain, whether the government or a private company, is referred to as the “Condemning Authority.”
In many cases, when the landowner first learns that a condemning authority is planning to take their land, the first question is: ‘Can I stop this?’ The answer is, while there are procedures available to landowners to attempt to stop eminent domain projects, the reality is, aside from a few exceptions discussed in our Learn the Law section, under Ohio law the use of eminent domain for public projects can rarely be stopped. Nevertheless, under Ohio law, the landowner has many important rights.
The power of eminent domain is not absolute, and is limited by the the Fifth Amendment to the U.S. Constitution and Article 1, Section 19 of the Ohio Constitution. The Fifth Amendment requires that when a condemning authority exercises eminent domain power, it must pay just compensation to the landowner. The Ohio Constitution further extends the rights of the landowner by providing that just compensation shall be assessed by a jury. Therefore, in most eminent domain cases, the more relevant questions concern the amount of just compensation to be paid to the landowner, and the contractual terms the condemning authority must follow in exercising its eminent domain power.
When deciding whether to hire an attorney, keep in mind that the landowner does not start on a level playing field. The government and large utilities and pipeline companies are involved in eminent domain takings every day. They have legions of attorneys on their side who know eminent domain law and can fight you in court, if necessary, to take your land. In order to make it a fair fight, you need attorneys on your side who know the law and have experience squaring off against the government and large companies in eminent domain cases. At GBSK, we have leveled the playing field and achieved favorable results for hundreds of landowners faced with eminent domain from governmental entities and large companies.