When the government or a public utility takes private property without filing an appropriation action, the affected landowners must take action to protect their rights. The Ohio Revised Code does not expressly provide a mechanism for inverse condemnations. Rather, if a condemning authority has not instituted appropriation proceedings, the property owner who has suffered a taking must seek a writ of mandamus to compel the public authority to do so. Alternatively, the property owner may file an action for damages in the Court of Claims.

In a mandamus action, an owner must establish (1) a clear right to compel the public authority to institute appropriation proceedings, (2) the public authority’s clear legal duty to institute such an action, and (3) the lack of an adequate remedy in the ordinary course of the law. Ohio courts have recognized a right to mandamus for physical invasions and regulatory takings. For example, Ohio courts have held that an owner is entitled to mandamus where government action results in a substantial or unreasonable interference with his right to access public roads abutting his property.

If the owner files in a court of general jurisdiction, proper venue is in the county in which the property or any part thereof is located. There is a caveat, however, to this general rule when the Ohio Department of Transportation (“ODOT”) has taken the property at issue. In that circumstance, ODOT must be sued in Franklin County (Columbus, Ohio).

If you believe that a government agency or public utility has taken your property, you should contact an experienced eminent domain lawyer to advise you concerning your rights. Click below to contact us.