Posted by Todd Zywicki:
Ohio Eminent Domain Case:
http://volokh.com/archives/archive_2006_01_08-2006_01_14.shtml#1137078865
Today's paper carries [1]an article about oral argument yesterday in
the Ohio Supreme Court in a Kelo-style Eminent Domain case (which also
quotes my colleage Steve Eagle).
A reader who attended oral argument writes with further information. I
pass along the relevant information to those who are interested.
Professor Zywicki:
You might also be interested in yesterday's Ohio Supreme Court
argument about a Kelo case here. I regularly attend arguments there,
and this is the first time I've seen the courtroom full.
The case is interesting because it tests private eminent domain
takings under the Ohio constitution and Ohio statute.
The briefs are [2]here.
An article about the argument is [3]here.
The oral arguments are archived [4]here (click on the Norwood case)
The actual argument is [5]here
The court staff's summary of the case is [6]here.
The staff summary describes the issue:
When May a City Use Its Eminent Domain Powers to Condemn Property
for Private Redevelopment? City of Norwood v. Horney et al., Case
nos. 2005-1210 and 2005-1211 1st District Court of Appeals
(Hamilton County)
ISSUE: Does a city act unlawfully when it commissions an urban
renewal study of a residential area previously targeted by a
private developer, classifies the area as �deteriorating,' and
subsequently uses its eminent domain powers to take (with
compensation) the property of owners unwilling to vacate the
targeted area to make way for private redevelopment?
References
1. http://www.washingtontimes.com/national/20060111-112622-8174r.htm
2.
http://news.enquirer.com/apps/pbcs.dll/article?AID=/20060108/NEWS01/301070004
3.
http://www.dispatch.com/news-story.php?story=dispatch/2006/01/12/20060112-A1-00.html
4. http://www.sconet.state.oh.us/videostream/archives/2006/
5. rtsp://www.ollserver.state.oh.us/court/2006/2005-1210.rm
6.
http://www.sconet.state.oh.us/Communications_Office/oral_arguments/06/0111/0111.asp#051210_051211
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