Ohio Power Company v. Michael Burns, et al.

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. Horney, the 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.