Learn the Law
We dedicate this area to sharing our knowledge of the law with you. Here, you will find general information on the state of the law, our take on the law, developing legal trends, and legal news involving our firm.
How to Challenge an Eminent Domain (Appropriation) Action?
Challenging an eminent domain action (also known as an appropriation action) is difficult but possible. Learn how to make a challenge here.
Can a Condemning Authority Abandon Appropriation Proceedings?
The condemning authority may abandon appropriation proceedings any time after the commencement of the proceedings until 90 days after “the final determination of the cause,” but only if it has not previously taken possession of the property.
Can Pipeline Companies Use Eminent Domain to Take Private Property?
The development of the Utica shale has led to the construction of numerous pipelines for the transportation of natural gas and other hydrocarbons in recent years, causing Ohio courts to address issues related to companies’ right to take private property.
Appropriation or Condemnation, It Means Eminent Domain
The terms "appropriation," "condemnation," and "eminent domain" all mean the same thing - the government is taking private property.
25 Things to Consider before Signing a Pipeline Easement
Not all pipeline easements are created equal. Some include important landowner protections while others provide little to no protections for the landowner. This article is our list of 25 things that you should consider before you sign a pipeline easement.
Can a Pipeline Company Use an Old Easement to Install a New Pipeline?
It is common for pipeline companies to try to use old easements to locate a new pipelines and to pay lesser compensation. However, Ohio has legal protections for landowners facing this type of situation.
Is the Condemning Authority Required to Pay Landowner Attorney Fees?
There are three circumstances where the Condemning Authority can be required to pay the landowners attorneys fees, witness fees, and costs.
What Happens if a Landowner Fails to Respond to a Petition to Appropriate?
Failing to file an Answer may result in a waiver of the landowner’s right to a jury trial to assess just compensation.
Responding to a Petition to Appropriate
After being served with a Petition to Appropriate, a landowner has 28 days to file an Answer. Filing an Answer is an essential first step in protecting your rights in an eminent domain case.
What Must a Petition to Appropriate Include?
A Condemning Authority must include seven distinct elements in its Petition to Appropriate in order to properly initiate an eminent domain case.
What is a Condemning Authority?
This term refers to a government or private entity that has the power to take private property by eminent domain. This can be a government agency, such as the Ohio Department of Transportation, or a public utility, such as Columbia Gas.
What is a Petition to Appropriate?
This term refers to the legal document that a Condemning Authority must file with the Court in order to commence and eminent domain case.
Are Negotiations Required in Eminent Domain Cases?
Ohio law mandates that a condemning authority negotiate with a landowner prior to filing an eminent domain case.
Who Determines Just Compensation?
In the State of Ohio, our Constitution mandates that just compensation be assessed by a jury in eminent domain cases.
Where Must an Eminent Domain Case Be Filed?
In almost all eminent domain cases, the case must be filed in the county in which the property is located.