William Batchelder and Larry Obhof bring two cases to our attention that are before the Ohio Supreme Court. It seems that the City of Norwood has attempted to use its eminent domain power to sell private property to a private developer using some very suspicious "studies" that declare that the property in question is "blighted." Despite language in the Ohio Constitution and previous Ohio Supreme Court precedents that clearly forbid the use of eminent domain for private purposes, several courts have ruled in favor of the city. As Obhof and Batchelder explain:
The Ohio Supreme Court now has the opportunity to make history. It is the first state supreme court to address these issues following Kelo. Many more states will follow, and Ohio’s decision in Norwood will serve as a bellwether for other courts looking to protect property rights.