Strengthening Constitutional Self-Government

No Left Turns

A Victory for Homeowners

As Steve Hayward’s post below suggests, the Ohio Supreme Court issued its ruling today in Norwood v. Horney, one of the first cases to address the scope of eminent domain following the U.S. Supreme Court’s ruling in Kelo v. City of New London. Among other things, the Court held that economic development does not, standing alone, satisfy the “public use” requirement of the Ohio Constitution. The Court also found that “Ohio has always considered the right of property to be a fundamental right” and stated that property rights “are strongly protected in the Ohio Constitution.”

Norwood is an important victory for property owners everywhere. According to the Cincinnati Enquirer, this was “the first major eminent domain case to reach a state Supreme Court since Kelo.” It will serve as a bellwether for other states looking to protect property rights.

The full text of the Ohio Supreme Court’s opinion is here. A summary (for those who do not want to read the full 56-page opinion) is here. The Ashbrook Center’s brief, which supported the homeowners and argued that the Norwood takings were unconstitutional, can be found here  

Discussions - 3 Comments


Funny The US Constitution uses the term "public use" but that did not stop the liberals on the Supreme Court. That found it meant public purpose, and that damn enar anything a politician dreamed up qualified, especially urban renewal pap.

Eminent Domain, Something the Government uses to make room for highways, but when they use it for "Shopping Malls" It's complete abusurdity! One other thing, Hi Larry....How's things going?

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