OH Supreme Ct: Norwood Abused Eminent Domain

Enquirer - Eminent Domain Abused

The city of Norwood cannot take property by eminent domain to give to a private developer, the Ohio Supreme Court ruled today.

In holding parts of Ohio’s eminent domain law unconstitutional, the state’s highest court set a different course than the U.S. Supreme Court did in its landmark Kelo v. New London decision last year.

There, the Supreme Court ruled that a Connecticut city’s taking of property for economic development was constitutional – but made clear that state constitutions could set different standards for property rights.

The Norwood case is expected to be closely watched around the country. It was the first major eminent domain case to reach a state Supreme Court since Kelo.

The case was brought by property owners Joseph Horney, Carl and Joy Gamble and Matthew F. Burton, who argued that the city should not be able to take their properties and deed them over to Rookwood Partners for a $125 million shopping and office complex.

Honestly, I understand both sides. The homeowners, whose homes are standing in an urban desert, should not lose their property just so someone else could build a "better development for the community." If the City of Norwood and developers had their way, there would be severe implications on private property across America - low to mid-income residents, churches and other religious buildings, and "less desirable" yet successful businesses, would become fair game.

On the other hand, Norwood, like other first-ring suburbs, as well as the City of Cincinnati, are facing great challenges. Many residents and businesses have left the older areas - moving to newer suburbs, creating sprawl. In order to keep the region healthy, the "heart" must too, remain healthy. Therefore, the inner city and its brownfields and depressed areas must redevelop. As someone schooled in urban planning, I know that we can't just ignore what's there and keep going outward.

Personally, I wish the three property owners would take the big money, and find a better place in a more stable neighborhood. The ever-increasing traffic and the closeness to I-71 is a sign to bail. The long awaited, appealing Rookwood Exchange could finally move forward as planned, and it would help turn a corner for Norwood. Ethically, I side with the property owners - they are exercising their rights as Americans. If the owners decide to keep their properties, then if the developers want to move forward, they'll have to make some big changes, and co-exist with the out-of-place houses - that are still home to others.