Eminent Domain Lawyer & Attorney : Ackerman Ackerman & Dynkowski : Michigan, Ohio, Illinois

www.springfieldnewssun.com, 03/28/2008

The City of Springfield has the right use eminent domain to acquire Robinson Insulation, Common Pleas Court Judge Richard Carey ruled Friday, March 28.

In his ruling, Carey assigned April 28 for a jury trial to determine the amount of compensation the Robinsons will receive for the property located on Baltimore Place, and Cliff, Plum and Cedar streets.
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-There is always a challenge in the determination of what is a public use. Hospitals have frequently been non-profit or publicly owned. Therefore, when a taking for a hospital expansion is considered a public use it should not be considered a surprising result.

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Columus Dispatch, September 29, 2007

When Canal Winchester offered Richard "Pete" Stebelton $9,249 for a 1-mile strip of his property, Stebelton thought the payment was too low.

This month, a Franklin County Common Pleas jury decided the village should pay the farmer and used-car dealer $595,625. 

Canal Winchester wants the land to link a bike path between Rager Road and the village swimming pool. It used eminent domain to take a strip of Stebelton's 80-acre property and hired an appraiser who determined that the $9,249 would be enough compensation.

Stebelton was the only one of eight property owners who didn't agree to sell his land to the village for the path. Instead, he went to court to challenge the village's valuation.

The jury decided Sept. 20 that the land the village wants, along the northern edge of his property, is worth $37,000. But the jury also decided that by taking it, the village was closing off a back entrance to the property and damaging the value of the rest of Stebelton's land by $558,625.

-In many jurisdictions, even after the jury=s verdict, the condemning authority can withdraw from a condemnation.  This offers great risk to owners who may face a second condemnation, with not as decent results.

In this situation, it looks like Mr. Stebelton had the opportunity to face a community which may walk away, but at least pay his fees.  The process can be maddening indeed!

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Beacon Journal, July 2007

The Akron City Council intended to vote on the authorization of the city to exercise its powers of eminent domain if necessary to acquire residential property in the middle of the renewal area. 

Notices were to be mailed 15 days in advance of the public hearing, however one of the property owners failed to receive a notice.

-Due process requires fair notice of a hearing in which the final decision to take is made. The courts have consistently taken a position that the judiciary is extremely limited in the propriety of review of the local decision. Therefore, it is imperative that owners have the right to be heard at the time the decision is made in the local legislative body, be it a Township Supervisor Board or a City Council hearing.

The Akron taking may be as much for the opportunity simply to have some development action in the community as it is more than for a public use.

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