Eminent Domain
Private Property

Ohio Power Company v. Michael Burns, et al.

Brief Details

Daniel Nelson
Research Attorney
Brian Morris
Date Filed
Original Court
Ohio Supreme Court
Current Court
Ohio Supreme Court

IJ has submitted an amicus brief in a case before the Ohio Supreme Court, which could decide whether or not the government can take people’s land and give it to a private company without that company ever proving the land is necessary for the project.

In a unanimous 2006 decision, Norwood v. Horneythe Ohio Supreme Court correctly held that a city could not destroy people’s homes so that wealthier (and higher-taxed) people could move in. Applying meaningful review, the Court made clear that the forced transfer of one person’s property to give to another could not satisfy the constitutional requirement that eminent domain be for a public use. In today’s brief, IJ argues that this meaningful judicial review should also apply to the necessity of a taking.